The Horry herald. (Conway, S.C.) 1886-1923, September 21, 1922, Image 1
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V
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VOLUME XXXVII
SHALL WE HAVE ]
COUNTY COURTS
Question Will go Before the (
Voters of Horry in
November
WILL GIVE RELIEF
<
- k
Jurors and Witnesses Will ?
Get Same Pay as in 1
Common Pleas ]
It was provided by an act the t
General Assembly of South Carolina, (
approved February 25th, 1922, that 1
at the next general election which J
will take nlucft onrlv in Nnvpmhpi- *
1922, at the same time that State
^and County officers are elected the *
question of establishing a county '
court in this county shall be submitted 1
to the voters; that the ballot wiW be *
printed 8rS follows: "Shall a Country J
Court be established for the county '
oI Horry?" and upon the ballot the (
electors will write either yes or no 1
for which,, of course, a separate election
box will be provided for each *
precinct in the County. t
The Herald had an article publish- 1
ed in one of its issues last spring >n {
which attention was called to tho '<
need of such a court and to the pro- (
visions of the act which had been
passed to provide for this election s
on the Subject. If the court pets (
majority it will be established. If
the people do not want the court f
it will not be established. It is, f
therefore important that the people 1
understand the increasing litigation
of this county and the impossibility s
of havings it attended to with any ]
degree of promptness with the courts i
as they stand. If the court is estab- i
lisjied by the vote of the people the 1
new court will have concurrent jurisdiction
with the Court of Common <
Pleas in the civil cases and such 1
proceedings in law and equity vrtiere '
the amount demanded in the complait
does not exceed $3,000.00, or ]
where the valuation of the property z
' involved in the case is not over i
$3,000.00. The law provides that the ^
County Court shall not try titles to (
land. It will have the right to hea: t
appeals in civil cases fiVm the t
Magistrate's Court. It will be known
as a court of record, which means that
permanent records of its pro- s
ceedings will be kept through all
time to come.and it will have an or- s
\cial seal bearing these words:
"County Court, Horry County, ,
South Carolina." ^ r
All general laws and statute? (
which apply to t-ourts we already ?
}ia\e will apply to this' tvt.w oourt;^
and the rules of practice an 1 pro- .
ceedings for trial of cases will l>e ^
the same except where they are in- f,
consistent with the new act; but N
Section Six of hie act provide? *
that the same form of proceeding ^
and the same rules of procedure and r
evidence shall apply in this couup ?
a? in the Circuit Court where not
inconsistent with the provisions of
this act hereinafter mentioned, and j
it provides that all cases motions ^
and trials shall he docketed as provided
by section 314 of the Code,
at least ten days befort the opening
of Court, and if a plaintiff
should fail to file his pleadings with- *
in that time the defendant may file
copies five days before the Court, j
There will be six jurymen instead
of twelve.
Cases now standing on the docket ('j
of Common Pleas can be transfer- ^
red and tried in the new court. .
The judge of the new court will ^
have the same powers in cases
therein as the Circuit Judges have
liad.
Appeals from the new court will '*
be direct to the Supreme Court of
the State. j.
The County Court, if established, I ~
will be held once every sixty days.!
and at the discretion of the County I
^Fudge at such time as he may deem ,
necessary to dispose of the business \
properly and the sessions will bo 1
continued from day to day for all p
such time as is necessary to dispose
of that business but it cannot be
in session while the Circuit Court is .
in session. The County Court will ai- U
ways be open for the transaction ot
sjuch business as can be disposed of ^
without a jury. ,
The jurors for the new court will ^
be drawn by the same persons thai
draw the jurors for the Circuit
Court. Not more than eighteen per- j
...
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* TOWN COURT * ei
sk ^
* On Thursday of last week ^ ''j
* Jim Cox and Everett Lewis *
s|c were up in the city court of Jjj j/
* Conway and fined for being $ )LC
^ drunk and d i s o r'd erly | *
* Lewis, a white man, was fined ^ P1
H* in fho sum nf SR.OO. wbilo .Tim >k
* Cox, a ncffro, was sentenced to | "
* pay a fine of $.r>0.00 or serve $ ^
^ ninety days at hard labor -on **
5* the public works. Cox's fine $
* was suspended upon payment * a
jjc of the sum of $10.00 upon con- ^
* dition /hat he leave the town *
* and remain away indefinitely, j (>f
* Cox had been frequently vio- $
T latin# tho ordinances. His ah- *
* sence is so ffood it will be felt, %
**************************
Sir
FREE
CLINIC S $
FOR PEOPLE jj
9 C
Jonway on Wednesday 27, \\
and Loris All Day 1
Thursday 28 1
r ?t
Dr. Ernest S. Cooper, of the \\
Staff of the State Board of Health ss
j (
ind Superintendent of the State
> 5
Tuberculosis Hospital at Columbia, *
vill conduct a two-day's clinic in jj
Hlorry County next week. >t
Dr. Cooper is a specialist on chest *
ind throat diseases, and these clinics \\
)fTer an opportunity for those who
lave trouble along these lines to be JJ
ixamined and get expert advice as sc
;o the best means of treatment.
These clinics are being put on by $
;he Mate Hoard of Health, the South *
Carolina Tuberculosis Association, *
ind Have been held in many coun- *
,ies of the State with large atten- Jjj
lance. A large number of those who #
lave attended these clinics^ often t
iome from ten, fifteen and twenty $
niles away. *
Those who have tuberculosis, *
;hose who have been in close con- *
.act with it by association with seme ^
nember of their family having it, *
md those who have oar'v sv.nptons *
*ie welcome to these clinic* i'or free ^
; lamination. *
Early symptons or the disease are: ^
dight cough, loss of weight, run- %
lown feeling. *
Tnose who arc warned in time, ^
ind out what is the natter with them- *
selves and take a little care and set ^
well. ' #
Tuberculosis is HO per cent cur- *
ible in the early stages, and as the ^
people are beginning to realize that *
t is both curable and preventable, ^
nuch headway is i>eing made against $
:he disease. $
The first clinic will be held in *
Conway on Wednesday, the 27th, at *
:.he City Hall. In Loris all day ^
rhursday. *
These clinics are held to serve the 2
people throughout the whole couiuy *
is well as in the towns in which they ^
ire held and it is hoped that those *
who wish to attend will keep the *
iates in mind and not miss oppor- J
,unity to consult a specialist on #
;heir trouble. $
/ *
1 jj,
4
ions shall be drawn and summoned *
o attend at the j^ame time at any J
lession of the County Court, unless 4
he Court shall otherwise order. Juors
may be summonned by mail anu #
nust have live days notice before the
lay of attending. No person can be
;umn oned to serve oftener than (
hnce in every half of the calemfai ^
,?eur. Service as juror in the County p
Dourt will not1 exempt a man foi 1
:ervice in the Circuit Court the same
'ear* ~ , l\
The Clerk of the Court wiii be the
31erk of Common Pleas and Geniral
Sessions. At the present time
Mr. W. L. Bryan would l>ave to fill
he position as to both courts. The
Sheriff of the County will IN
ave to attend all sessions of the
bounty Court and perform all of the G
rder.^ thereof and execute the writs.
Jurors will receive the same pay
er day and the same mileage a.llowed
in the Circuit Court. Truanie
thing applies to witnesses.
The judge of the new court will
e appointed by the Governor with ^
he advice and consent of the Sen- P
,te and the Judge must be a resl- p
ent attorney-at-law of this Countv s<
rho shall have been a licensed' at- ai
orney for at least five years. He ai
fill hold office for four/years and n>
ntil his sfucceccor shall be appointd
and qualified. His salary will be u
2,500.00 per annum and will be ri
aid by the County in monthly in- w
tallments. In case of a vacancy on m
rie bench 'of the County ,Court the fe
tovemor will fill the vacancy by fn
ppointnient to the unexpired term, ni
f the Judge of the County Court he
hall be absent at the time of hold- ca
ig any Court the Governor can ap- h<
oint some other suitable person, w
ho is an attorney-at-law, to hold th
le Court as Special County Judge, ei
The Judge cannot act as counsn th
i any case in which the County tic
ourt has concurrent jurisdiction w
ith the Circuit Court, nor shall he
ct in any Court inferior to the ta
ounty Court except the Probate se
ourt. - w;
The judge of the new court will nc
five the right to appoint not more gi
ian two balififs to attend the court, ra
These bailiffs would have the same us
ower as constables and receive pi
2.00 per day for the time actually
i gaged. ' fic
The County Judge will appoint an Hi
fficial stenographer who will attend to
11 sessions of the Court and per- mi
>rm the same duties as are pcr>rmed
by the Circuit stenographer,
he stenographer would receive $(>.0C pa
?r day for the time actually engag- wi
1 in the Court and would be paid no
pon the warrant of the County
ourt. ne
The same costs and disbursements ni:
1
lowed in the Circuit Court will ho th
lowed against the losing party in ar
ic County Court. ca
If the new court is. established T1
>unty commissioners are required ju:
> make ^ provision hy setting asida la;
ri table quarters in the courthouse ca
?r holding the sessions of the wn
Durt. v th<
From the reading of th? above no
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jfi#$
CONWAY, S C., THURSDAY
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TIME LOST ir?
\
V ________
One thing that is comr
communities in this county
tween trustees and patron
At no time in the las
been free from some such v
probably resulted in some
Some of the patrons \
increased levy or to issue
Others will oppose it. The
tion a:od those who favor
number those opposed, two
small majority will often
i- - i i
ictx or wie issuing 01 Dona;
ways.
It is often necessary
school house or move it 1
the growing needs of an
This is sure to bring on se
It is a hard matter to get i
anywhere within the boun<
The employment of t
of the schools, after they
to be a constant source of
the people. 1
! As often as not the
comes from those who hi
school but cjaim that th<
they have a right to saj
cided. Even those who h
V .
; want any, and who own no
and never contribute a ce
school, will cause , dissensk
get things tied up into su<
yers could never untangle "
This is what makes 1
such a thankless job. It is
man's hair turn gray ovei
night the officer, and pel
that matter, has to lister
what course he takes in
the feelings of one side o
and there is more complai
until it is enough to scatt
four winds.
Such a condition is not
claim they are interested
fall out over nothing and s
and spite as they do in s
prove that they are not in
: ucation but are given ove
working of small scheme
; benefit to their children.
?
jr r lLBiits UA11J
MEGRO'S PLACE
/lack Hemingway Gets Away
at the Approach of the
Officers
IEGR0 INFORMS OM HIM
rallons of Wine Confiscated
?Empty Monkey Rum
Jug in House 0
Mack Hmmingway, a yellow nero,
was too sharp for the town
olicemen when they went to his
lace last Saturday night, with a
3arch warrant to raid the premises
nd get his supplies of mean wine
ml , whiskey?he ran away and, wa>
ot arrested at last accounts.
Mack had been engaged in the
nlawful sale of wine and monkey
lm for some time. Other negroes
ould not tell on him until one got
ad with him. This negro wlv>
ill out with Mack came to the offers
just after dark last Saturday
ight and reported the fact that
? had seen a lot of monkey rum
irried to Mack's house and that
s had also seen two quarts of the
hiskey come away from there In
le hands of two different custom's;
he said that he knew it was
iere and upon the Search of this
;ws the officers sued out a search
arrant.
The place is located on the Poto
Bed Ferry public road in the
ction with the old John Hemay
is a son of old John who is j
>w .dead. On the old place ars
ape vines where grapes were
.ised this year. This vineyard wa-.
sed at the Mack Hemmingwav
ace.
Slipping up to the house the ofers,
E. E. Dusenbury and J. A.
olt intended to get the proprier
of the place. He saw them and
ade good his escape. They search
1
ragraphs the voters of tho County
II obtain a fair idea of what the
vv court will mean.
Thorie who are uncertain about th
ed of such a Court should make in
liry a the courthouse to see how
e dockets of the tommon pleas
e congested and how long many
use>4 have been standing thereon.
?ere has been many a failure of
stice because of the unusual do
y that attends the bringing of
ses to trial in this County. It
is different in former years when
ere were not so many lawyers and
t so much litigation.
%
/
H Ipti
."'SEPTEMBER 21, 1922
4 WRANGLING ? I
rion to about all of the rural |
is a wrangle and dispute be- *
is over school affairs.
t five years has the county %
wrangle that did no good but x
distinct loss. ' *
vill want an election for an v *
i bonds for school purposes. *
trustees will hold the elec- I
the increased levy will out- *
or even more; and yet the *
oppose the collection of the *
s in the courts and in other x
to increase the size of the 5
to a better location to suit %
ever increasing population. %
VIfills. nnnnoitiAn ond 4?/MiKln sk
* .w ilV'll (VI IV. 4 11 V/IIU1C* jL
i new school building; located
is of a district. *
teachers and their conduct
have been engaged appears %
trouble and irritation among *
*
trouble in a school district *
ave no children to send to |
iy" pay the school tax and *
r in tiie matter to be deave
no children and do not
property of any consequence *
nt to the maintenance ot ^ *
>n among the patrons and *
zh. a knot that a dozen law- *
the skein. *
the ollice of superintendent |
one that ought to make a
might. From morning until *
'haps his whole board, for *
i at complaints. No matter |
any decision he has rubbed *
r the other the wrong way *
nt and still more complaint %
er any man's brains to the %
$
. jC
the right thing. People may *
in education. When they *
. 1 1
>now so mucn envy, jealous.v J
some of these matters, they *
terested in the cause of edr
to petty quarrels and the
s that never result in any %
*
*
*
X- * -X- * -X- -X- -X- * -X -X- -X -X- -X- * * -X- * * * -X- * * -X- -X- * -X- -XTWO
NEW SUITS
FACE COMPANY
Growing Oue of Failure oi
Farmers Fsheries Company
endorsers'"made LIABLE
The Notes Involved in Two
Cases Total Five Thousand
i
Dollars and Interest
Two suits hjiv*? recently been
brought in the court of Common
Pleas for this county, growing out of
the failure of the Farmers' Fisheries
Company about which an article appeared
in the Herald a few weeks
ago.
Both of the suits have been
brought by banks on promissory
notes given by the company for loans
made to it about two years>ago.
The suits have been brought
ed the premises then and found a
total of eighteen gallons of grape
juice. The whiskey was all sold
when they got there but they found
the jug which had contained it. It
was empty of all except the scent.
The wine was contained in one
sixteen gallon keg and two one
gallon jugs.
This raid was made in the thicK
of the negro settlement. It is seldom
that one negro will tell on
another. This negro who told i.<
probably no better in character
than Mack is himself, and would
himself engage in the illicit sale
of whiskey. The business of the
Mind tiger has* its disatvantaes on
account of competition sometimes,
also in the matter of disputes as
to payment and refusal to sell on
credit and the like. When something
of this, kind takes place, as
in the Mack Hemmingway case, tlv
One that is mad with the other
rakes his revenge by giving tho
other away. This is what led to
the search of tho negro's place and
will eventually lead to his arrst
unless he remains away until the
proof cannot be obtained to convict
him. Later on if this negro who
reported him gets on friendly terms
with him, there will be no way to
prove me case except by what the
officers* saw themselves, for when
the differencs are patched up the
informer will decide that he was
mistaken about having seen any
whiskey sold at the place. "No,
boss, I nebber seed any likur sole
1 toll. Muslt a- bin drunk dat nikht.
Nebberseed nutten. Yaas sur."
raid.
MAGISTRATE
SENDS CASES
Total of Twenty-five Sent up ^
to High Court From
Conway
A total of twenty-five cases were |
turned over by Magistrate W. H.
Chestnut to the Clerk of the Court ]
of General Sessions last week for
sending up to the solicitor for the
preparation for indictments for trial
at the approaching* term of court.
This is about as long a list as was r
ever sent up by the magistrate court
at Conw.ay at one time. 1
The business of the court at Corn- 1
way has been increased of late years j
until now it handles many times as
much business as all the other magistrate
courts of the county put to- '
gether.
Following1 is the list of cases turn- (
ed over last week:
The State vs Cordie Barnhill. Ob- I \
taining goods under false pretense. I,
The State vs Albert Singleton, j ,
Cedar Grove. Seduction under
promise of marriage. *
The State vs W. J. Sarvis. Bastardy.
The State vs W. Percy Hardwick. '
Breach of trust with fraudulent in- 1
tout.
The State vs James Singleton.
Carnal knowledge of Maid or Woman '
child under sixteen years.
The State vs James Graham. Carnal
knowledge of a woman child un- 1
der the age of sixteen years. (
The State vs \y. W. Johnson. Fail- '
ure to support wife., Sec. (>!>7 of C.
C.. 1922. 1
The State vs Allen Ethridge.
Bastardy. 1
The State vs Allen Ethridge. '
Bastardy.
The State vs Allen Ethridge. <
Bastardy. 1
The State vs W. E. Gainis. Obtain- *
ing goods under false pretense. <
The State vs Will Butler. Transporting
Liquor. 1
The State vs J. L. Butler. Trans- <
porting Liquor. 1
The State vs H. G. Tisdale. Draw- !
ing checks without funds to meet the 1
same. J
'in. _ p ir T)....4- T p i
1 lit: outlt? VIS Vj. V. JMJtlllU, V/.
Anderson, and John Prince. Viola- 1
tion of the Prohibition Laws.
The State vs Mace Horn & Bert 1
Sarvis. Bribing witnesses. ;
The State vs B. L. Harrison & W. 1
I,. Mi shoe. Breach of trust with :
fraudulent intent.
The State vs Will Bailey. Carry- ;
ing concealed weapons; assault with
deadly weapons,
The State vs B. L. BufTkin. As-*4
sault and Ivittery with intent to kill.
The State vs D. M. Todd. Drawing1
, choc k without funds to moot samo.
The State vs A. B. Jackson and 1
Mandy Jackson. Larceny.
Tlip State vs C. T. Lassiter. Draw- ;
imr check without funds to moot :
same.
The State vs G. M. McCulluiv.
Di^oosiner o'f property vimlr*r lien.
The State vs Melvin Osvens and
Clarence Causey. Ass.ault and batterv
of a high and aggravated nature.
The S'ate vs Tom Hardee. Violation
of Prohibition Laws.
o
Albert F. Woods, of the Marion ,
bar, will be the special judge hold- t
ing the term of the criminal court .
here next week. He is a prominent |
member of the Marion Bar Afsocia- .
I
lion.
against the Farmers' Fisheries Company,
and a number of endorsers on
each of the two notes, j
One of the notes is for the snm of
three thousand dollars, signed l>v the
Farmers' Fisheries Company and endorsed
by Luther Wilson, Moore <
Thompson, A. J. Todd, W. I. Cox and
James A. Stone . '
The other note is for the sum of \
two thousand dollars a.ul is endorsed 1
by the following: A. J. Todd, W. I. 1
Cox, J. W. Carter Jr., Moore Thomp- c
?on. James A. Stone and Luther l.
Wilson. I
Both of the notes were riven and }
us^d in the year of 1020 for funds;
doubtless used in improving the plant 1
of the company, which, however does
not appear ever to have been used for 1
the production of the cheap but valu- T
nble fertilizers that the farmers of
this county thought that they wanted
so much.
Each note matured sometime in the
year of 1920, but at the request
of the maker and the endorsers of ^
the paper time was extended from h
time to time and the interest paid to *
some time in 1921, after which no ^
further extension was granted. *
The Farmers' Fisheries Com nan v is jjj
in the hands of a receiver, J. (). Nor- h>
ton, esq., appointed under order of *
the court in a suit brought by certain *
creditors for that purpose last year. *
These two notes increases the 1 in- $
bilities of the company to a greater *
extent than was expected. Promis- $
sory notes are not recorded, and not ^
even mcnti<tned on the records un- *
Io-av: they are secured by mortgage of ^
either personal or real property! #
The endorsers on these notes are $
regarded as being good and will $
doubtless have to pay the notes un- *
less the money by some chance can *
be collected out of the assets of the *
FarmcrV Fisheries Company. *
NO 22
WOMAN BRINGS
DYING INFANT
i/ain Hope for Relief After
She Waited Too
Long
VIARY BAKER SAD CASE
Meeds to be Placed in Institution
for FnnKlo
- uw vav JIIJLniuv;u
Family Destitute
Mary Baker was in Conway last
rhursda.v morning: with a baby three
nonths old in a dying- condition
from colitis, caused it was said by
physicians, by the use of condensed
milk without knowing how to prepare
a food of that kind.
This woman was applying at the
)!Tice of I)r. J. S. Dusenburv in an
'fYort to get something done for her
lying- infant. The physician did
what he could but told her that the
baby might die on the way Ivick
home. She had not taken steps in
Lime to have this baby treated and
had fed it too long on the artificial
food above mentioned without havim*
that food prepared for the little one
in the most approved manner.
Mary Baker has never been married.
She has five or six children,
according to reports. For a long
time the county commissioners have
paid her the sum of five dollars a
month to contribute to the support
>f herself and her children. Recently
she figured in a whiskey raid,
when officers of the law raided her
home an 1 found therein asleep, the
Tr^ - tir i * 1 ' '
man rurnoy wara. wno nati oeen 10ported
to the grand jury and a true
)ill found on a charge of adultery,
[n the house at the same time the
officers found empty molassas barrels,
and the cap for an improvised
still, also a quantity of the product
:>f that still.
Ward was arrested and placed in
the county jail under a second
:harge of violation of the prohibition
1,'iws. In such cases as this of
Marv Raker, it would seem that
the proper thing" to .try to do is to
oret the mother in some kind of institution
for the feeble minded and
the chi'dren in some orphanage. Some
plan should be carried out for bettering
the condition of such people,
it the public expense, and of putting
a stop to ^uch ways of sin and
shame as that charged against this
man Ward. He has a higher average
of mental understanding than
the woman in the case and for that
reason ho is responsible, perhaps
\Vith Yithor mon. like him, for the condition
in which this woman finds
hersolf. and the punishment should
bo meted out to him in the fullest
ilofvoo. if bo is nrovon to bo guilty
on his trial, and if there is any way
in which he can be made financially
responsible lor the Keep ot tnese
people, tho law should he just as
strictly enforced along that line.
What is the use of placin, such
people as Mary Raker in jail? The
man nviy he there and later made
to serve his sentence or pay his fine,
if he is guilty. Such steps cannot
and will not he taken with the woman.
Therefor, if there is an institution
where she can he placed and
ilso the children, whether the same
>r different does not matter, so long
as thev wi'l he far removed from
the evil influences that have surrounded
them so far.
REQUIREMENTS
FOR STATE AID
To the Trustees, Teachers and patrons
of the Schools of Horry
County:
For your information, I give beow
an outline of some of your duties
md also some of the requirements
n order to qualify for State aid
inder the equalization law. I sin:erely
hope that there will be harnony
and co-operation on your pa?rt:
throughout the school year, and
hnf n A C/> Vl AAl nf f It
v nv uvwi vi VII\ TT 1 I I
lave a shorter term than seven
nonths.
The present school term begins
inder the same System, namely, the
even months equalization law. This
aw requires, among other things,
he following modern buildings, li(Continued
on Editorial Page)
5- * -X- * -A >: * > * * -X * * -X- * * * -X- -X- * -X * * -X- -X* *
: GETS A FINE *
*
: *
! Archie Bratcher was taken J
; before the city court m Conway *
last week on a charge of buy- *
in# and having in his posses- ^
sion, a quart of monkey rum. *
He purchased the whiskev un- *
der the oak tree at the corner *
of Main Street and Third Ave- &
iuie. He was later under the *
influence of the liquor. He was $
lined in the sum of $20.00 by $
the Mayor of Conway, and this *
fine was paid. The alternative S
was a sentence of thirty days S
on the public works and this
alternative he did not choose. X
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