The Horry herald. (Conway, S.C.) 1886-1923, December 28, 1922, Image 1
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MUTA. M.X ^ XXkl^i ^ VJI VllkJU
TO BE HEARD
Testimony Taken Before Quattlebaum
as Referee
Jan. 3rd
HISTORY OF THE MATTER
_____
Depositors Paid Off Within
Short Time From Stockholders'
Liability
___
There will be a hearing on January
3rd before C. P. Quattlobaum
Esq., as Special Referee, appointed by
the court, in the case of W. A. F'reeman,
as receiver of the defunct Farmers
A Merchants Bank against the
former board of directors of the failed
bank: E. T. Lewis, as administrator
and Mary A. Lewis, as administrix of
the estate of W. R. Lewis, deceased;
W. B. Chestnut, L. D. Magrath,
George Officer, J. J. Williams, W. B.
Hucks, Robbie Stalvey, and W. Percy
HaTdwick.
This is an action brought by the
receiver for the benefit of the stockholders
and creditors of the bank, alleging
in substance that these directors
were grossly negligent in their
handling of the affairs of the institution
whereby the cashier of the bank
was allowed to dissipate and squander
about forty thousand dollars of
the funds of the institution.
The directors have filed answers
denying their liability. In some of
the wrongs complained of came about
through the acts of the cashier, W.
Percy Hardwick, ,ind that he had been
connected with another bank at the
time, the Farmers State Bank of Aynor
and that he was discharged from
that institution which caused the public
to lose confidence in him and caused
the depositor* of the Farmers &
Merchants Bank here to make runs on
that bank, and caused the creditors to
come downw all at once with thei\
claims; that action was taken to dismiss
Hardwick from his position in
this bank before it could be discovered
and remedied.
So far as Hardwick himself is concernM
he has gone from these p:>rts
/vnd has been gone for some time,
though his present whereabouts is no
secret and he has been sued in a number
of rases now pending on the dockets
of the courts in this county. He
itf regarded as being liable even if a
large amount is found against him
in the handling of the bank's affairs.
These matters will mm# nn fv??
testimony will he taken before Mr.
Quattlebaum on January 3rd. Then
a report will be made in the case to
the judge of the court of Common
Pleas, ^nd the whole thing will be
passed on in that court.
The assets of the bank in the hands
of the receiver did not bring enough
clear of expenses to pay the claim of
depository in the bank. Under the.
law each stockholder in the bank is
liable for an amount equal to the sum
which he had taken in the stock of the
bank. Some of the stockholders have
paid their liability and are through
with it. Others have failed so far to
come up with the amount for which
they are liable for settling with the
people who had money deposited in
the bank when it went under. Suits
have been brought" against a number
of these antl it is expected that within
the next few days that the balance
due the depositors will have been paid
of* out of the funds thus to be realised.
o
NEGROES IN NORTH
ACUTELY HOMESICK
Greenwood.?Evidences of acute
homesickness on the part of the negi?oes
who have gone from this section
to the north recently came to ,
light almost daily here and a letter
received by S. C. Hodges of Hodges
Drug Company from a former negro
easterner, requesting him to send him
B bottle of quinine and a few doses
of colomel because the sort he gotj
In Philadelphia "did'nt seem to do no |
crood." is onlv one examnle of the
nostalgia of "southern negroes in the
north. Negroes here are sending thei^f
bretheren in the north food which
they claim taste better to them than
the sort they can buy in the north.
The Letter.
The letter from the negro %vho
claimed that northern medicine could
not cure him like the kind he used
down South says:
"I am in Philadelphia visiting my
sister. While here T have taken sick
and I have used all kinds of medicine
but none of it don't seem to do me no i
pood like the medicine at home. I
am sending you 25 cents. Please sir
send me a small bottle of quinine and
a few doses of colomel. If the quarter
is not enough to pay for it ple.ase
sir send it anyhow and I will pay you
when I come home. Please sir send
it at once. I want to get well and
come home and this Philadelphia
medicine don't help me none."
n.i??
neiurning caskets from Philadelphia
and other northern cities tell the
stories of negroes who have succumbed
to the rigors of northern winter.
One negro returning a few days ago
related how he had drawn $21 in cash after
a long period of labor. So anxious
was he to return home and so
fearful that some one would ste.il his
money before he could buy a ticket,
that he sat up all night watching the
ttioney and in the eaiiy morning shook \
the snow of Philadelphia ffcnfo hi* ,
feet and headed south".
i
r^ oomi
U Pursu
And Time,
Will tuy
Anrl V*f ?r/
;v /*
His aspc
Is but an u
The hoj
The.apple-I
The littk
Deep burie
Will live
He, too, wil
And day
As he deals
Of (uppi
PENALTYACT I
UNDER FIRE
Smart Sues Telegraph Company
For Penalty in
Two Cases
WON BEFOR! MAGISTRATE
Some of the Parties Live in
Georgetown. Wires,
Sent in 1920
There is a case now pending in the
Supreme Court of the State that will
have an important bearing: on the
rights of the people as against telegraph
companies when messages are
not promptly delivered.
K is tho case of Hobson Smart and
wife against the Western Union
Telegraph Company, and the case originated
before Magistrate C. W.
House, in Georgetown. In this ease
there were two teleirrams par.h
vising the serious illness . of the
father of Mrs. Smart. Mrs. Smarn
lived in Georgetown at the time and
her father lived at Conway. As
t*>ere were two of the telegrams ad-,
vising about the illness which resulted
in the death of her father,
ther^ were two of the suits in the
magistrate court, each asking for recovery
of the sum of one hundred
dollars the penalty provided by a
statute law of South Carolina against
tne telegraph company for tailing to
transmit a message in gooa iaith and
with impartiality.
The complaint in one of the cases
will explain the circumstances which
relate equally to both suits:
jjy C. w. itOUSE, ESQ., Maistrate
in* and for the County of Georgetown,
in the State aforesaid:
,To the defendant, above named:
Complaint having been made to me
by the plaintiffs, above named, as
follows, to wit:
1. That the plaintiffs, Hobson
Smart and Eva C. Smart, are and
were at the times hereinafter referred
to, lawfully husband and wife
2. That the defendant, the Western
Uriion Telegraph Company, is,
and was at the time hereinafter referred
to, a coi^ioifetion duly organized
Arid existing urt/er aftd by vir
- ? ?" ' . -
(Continued oh Editorial Page.)
pm
OONWAY. S. 0., THUESDA1
I 11
od~J>y<
TO, Old Year!?the fickle World
ea another Flame,
-i .? t * .
?me rutiuess, changing Time?
w erase your name.
>ur younger rival with
xt bright and new
inread version of
>es we had in you*
blossoms of his Spring,
t seeds that lie
d in the Heart of Earth,
again?and die.
U give the warmth of Sun,
b of slanting rain,
> out our yearly share
? 4 ' HI-*
mess and pain.
AS TO OUR
WATER POWER
M. C. Woods, prominent member
of the Marion County Bar Association,
is interested in the development
of the water power in this section for
the reason that it is making use of
something that is going to waste. Mr.
Woods has been informed from some
source that at the last County Convention
here a resolution was introduced
recommending that no tax be
placed on developments of this kind.
He writes the Editor of this paper,
under date of December 20th, as follows:
"December 20th, 1922.
"Mr. H. H. Woodward,
Conway, S. C.
"Dear Sir:
"I am very much interested in seeing
further development of our water
power, because such development is
utilizing something that is going to
waste. The good results to be obtained
from that kind of development
was apparent in Western North
Carolina, which is now the most prosperous
section of the South. I have
been told that someone introduced a
Resolution in your last County Convention
recommending that no tax be
nlnced on developments of this kindi
Will you please have the kindness to
look into your newspaper files and
"ond me a copy of your account of
fhe last Countv Convention, if if w.
fers to any such resolution, and also
let me know, if you can, who introduced
the resolution.
"Assuring you of my appreciation.
"Yours very truly,
"M. C. WOODS."
Examination of the files in The
Herald office fails to show the record
of any such resolution but it is possible
that the matter may have come
up and was discussed at the County
Convention last spring. The attention
of anyone who may have been
interested is called toi the matter by
this article and The Herald will be
glad to publish anything that was
said or done either then or any other
time in regard to the matter.
o ?
The streets of the town are good
in dry weather with exception of a
few bumps at places. In w6t weather
th^y turti into muck and tha cVossng
thereof by foot walkers is a matter
of difficulty.
V
I fw
f, DECEMBER 28, 1922
"illll
I The big round moon and silv<
That lighted up your skies
, Will shine upon as many love
In just as many eyes.
And he will bring the fragrant
When crimson roses nod,
And hurrv through th* Si imn
/ o ~ "'
To flaunt the goldenrod.
The painted pathway of his Fj
Will be with clouds o'ercast,
Because his Winter footsteps r
The Portal you have passed
Good-bye, Old Year!?we fovc
We found your treasures dc
But you have died as monarch
And so?Long live the Yea
?ftfan TerreU cRftd,
CAR TURNS
ON A NEGRO
It is a sad looking' sight to see a
car turned upside down in-a deep
ditch, after plunging off an embank
ment about ten feet high and the oc'
cupants calling for help.
This is what travellers on the Conway
and Marion bus saw and heard
last Saturday night on the trip over
from Marion, not in the reguVir bus.
the roads being too bad for that, bui
riding in two cars sent over instead
of the regular truck.
Just at the turn beyond the Gali
vants Ferry bridges, one white mar
and two negroes had been going to
warcN Marion at an evidently rapid
ratte of speed. The car plunged off
the embankment, pinning one of thr
negroes under it. The white man
jumped out and was unhurt, the other
negro was dead drunk hut tor
seemed to be unhurt with exception of
the monkey rum. The white man
was calling for help when the buspassengers
came in hearing of the
place.
The men passengers in the two crr<
belonging to the bus line got out and
hv main strength lifted the fallen car
from th? body of the negro and he
was dragged out to the higher ground
where he was apparently about dead.
Some in the party thought him dead
while others thought that perhaps he
might recover from the double effect
of whiskey and the shock of the accident.
Some of the men reported that, they
noticed some jugs in the pile of dirt
and debris where the car was stacked
up with all four wheels in the empty
air. *
One lady in the crowd of passengers
was so overcome with the sad
looking plight of the men that she
I 1-- --J 1 < <-. ?
uruKo uuwn aim cricci. nucn neip as
was possible was rendered and the bus
line cars came on to Conway, after
heint? delayed for some time in the
work of rescue. i
The white man lives in Marion but
his name was not learned and of
course will not be published. * The
names of the others are unknown.
This happened not far from the
lonely house that sits on the side of
the deep swamp. It is a lonesome'
place where no man would want to!
live. Whether thft whiskey came out
of Horry or out of the deep swamp
neAr this place wnere the accident occurred
will probably never be known. |
raM.
i
p|
. a
\
tt stan
?
(June
lertime
in
each
L
:d you well;
ar,
is die^-.
irl
m N. Y. Times
I. in in
DEAS DEWETT j
DRAFT EVADER
Landed in Hands of The Officers
at Camp
Bragg
WAS DRAFTED TWICE
By Running and Hiding Dewett
Managed to Escape Until
Recently
It is not generally known that the
government is still after draft evaders,
those who were called to fitfht for
their country and have succeeded in
evading the results of their refusal
thus far.
Among the lot who has been hiding
from the officers ever since the draft
was made, is a negro by the name of
Really Deas Dewett, a son of Daniel
Dewett, an old negro resident of the
Nixonville neighborhood.
After the negro had been drafted
here it appears that he escaped and
was found living at Kinston, N. C\,
when another registration took place
and he was marked up for service as
coming from that place. Still he managed
to make good his escape and he
was not registered into the service
from that no int.
He is about twenty-seven years old
and would have been able to render
good service as a soldier in the army
of Uncle Sam.
The officer in whose hands the warrant
was placed kept looking and
waiting tor Dowett until at Inst ho
was found hiding in his old haunts
in this county. Then the warrant
was served and a few days ago he
was delivered to the authorities at
Camp Bragg, nine miles out of Fayetteville,
N. C.
He will have to stand trial for
evading the laws and his penalty will
no doubt be severe.
? o
The roads in the county were bnd
for the Christmas tide. Many cars
got stuck and called for the horses
and mules of the community to help
pull them out. This mud on the road
was caused by the several days of
hard weather and the unusual amount!
of traffic passing over theih. The
last days have had much to do
in drying them out. I
>
/
I
%
NO. 30
SCHOOL CLAIMS
LOSE DECISION
Judge Shipp Refuses to Issue
Mandamus Against
Allen
SAYS ANOTHER REMEDY
Pacts of This School Matter
Fully Covered Recent
| * Articles
|
?
The school matter at Loris took
another turn last Saturday when the
decision of Judge S. W. Shipp became
known in Conway.
' ik vv. Hard wick, Huger Richardson
and B. H. Hinson, as trustees of the
I oris school moved before Judge
Shipp to require a writ against the
Superintendent of Education requiring
him to approve certain school
claims or vouchers issued to teachers
in the district. A second and similar
proceeding was brought by the Farmers
Bank asking for an order which
would require the Superintendent to
approve another school voucher issued
to the bank for the purpose of repaying
the bank the money advanced by
it to take up some interest on school
district bonds.
The two matters came up before
Judge Shipp in Florence, S. C\, last
week and he reserved his decision for
further consideration, after hearing
the arguments on both sides by attorneys
representing the opposite
sides.
Last Friday he rendered his decisions
refusing the writ of mandamus
in both cases, holding that there was
an adequate remedy at law, in the
first place, by appeal to the cou?nty
board and thence to the State Board
of Education; and that in the second
place the Superintendent has the right
under the law to exercise his discretion
in the matter of approving school
claims.
Whether an appeal would be taken
or not. could not be learned.
The orders of Judge Shipp in the
two matters follow in full, with the
headings of the two proceedings showj
ing the names of the parties:
ORDER
STATE OF SOUTH CAROLINA,
COUNTY OF HORRY.
Court of Common Pleas.
Tn Re:
pnrk of Loris, Petitioner vs.
E. C. Allen, as Superintendent of Educn'ion
for Horry County.
Unon bearing the petition in the
above stated case and the return to
the nile.
ORDER That the writ of mandamus
he and the same is refused for the
following reasons:
1st. Mandamus is not the proper
remedy as respondent has discretionary
power in the matter of approving*
school warrants.
2nd. Petitioners have a plain and
adequate remedy at law by appeal to
the countv board of education. State
av re] Williams vs. Hiers, 51 S. C.
388.
I cannot in this proceeding determine
the disputed claim as whether
Dr. Richardson is the de jure trustee
or not, but even conceding: that he is
the trustee de jure, 1 am powerless to
grant the writ for the reasons stated.
Signed S. W. G. SHIPR, Judge
Twelfth Circuit.
December 21st, 1922.
Florence, S.?C.
ORDER
STATE OP SOUTH CAROLINA,
COUNTY OF HORRY.
Court of Common Pleas
Ex Parte
D. W. Hardwick, Huger Richardson
and B. H. Hinson, ,as trustees of
school district No. 18, of Horry County,
Petitioners, vs. E. C. Allen, as
County Superintendent of Education,
for Horry County, Respondent.
This is an application for a writ of
mandamus to compel the respondent
is Superintendent of Education of
Horry County to approve sundry warrants
issued by petitioners against
said school district.
Upon hearing the return to the ruli*
heretofore issued, T am constrained to
refuse to issue the mandamus, first,
for the reason that mandamus is not
the proper remedy as the Superintendent
of Education is given the right
under the law to exercise his judgment
in matters of approving ; said
claims, and, second, in case of his refusal
to approve claims, the party or
parties aggrieved have the right to
appeal to the County Board of Education
and to the State Board of Education.
This is distinctly held in the
case of the State ex , relatione Williams
vs. Hiers. I am bound by the
law as laid down in that case. It is
true that petitioners state that the
matter has been presented to the county
board, but it is not stated that an
appeal was taken to the county board
upon the refusal of the Superintendent
to approve the claims. On the
contrary the respondent expresses in
open court his readiness to submit the
matter to the county board, subject to
the right to appeal to the State board.
Tn holding the return of respondent
sufficient, I am not to be understood
as making any finding as to the conflicting
contentions of the parties as
to the right of petitioner Richardson
to act as trustee. ^This is not th#
proper case to decfde that matter*
Petition refused.
Signed S. W. G. Shlpp, JudgeTwelfth
Circuit.
December 21st, 192&
Florence, S. C.