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Page No. 8 COURT WRITES FULL OPINION Share Cropping Case Between G. W. Page and Hardwick WILL HAVE NEW TRIAL Case is of Interest to Many Farmers and Tenants r * ? * i i ine tieraia nere gives tue opinion of the Supreme JjBourt in full in the case of J. F. Haldwick .against Gaston VV. Page. The opinion written by Hon. C. H. Marion, associate justice, follows: OPINION: Marion, A. J. Plaintiff's action, commenced September 18, 1017, was predicated upon allegations in his complaint to the following effect: (1) That during the current year, 1S17, he had worked a farm for the defendant under a laborer's sharecropper agreement to plant and harvest a crop; (2) that he had planted certain crops and harvested a part thereof, out of the proceeds of which he had paid all of his indebtedness to the defendant, and that he had been "willing ,'ind ready to harvest the remainder, consisting of 4 acres of corn and one-half acre of potatoes; (3) that on September 10, without his knowledge the defendant had entered and gathered the 4 acres of corn before it was fully matured and had stored it in his barns; (4) that "his (plaintiff's) one-half" of the corn gathered by the defendant amounted to fifty bushels, of the value of $125.00, "all of which is justly due and owing this plaintiff by the defendant by reason of hi.; said labor." Thereupon a judgment was prayed for SI 25.00. The defendant answered; denying generally "every material allegation" of the complaint. Upon From judgment on "verdict for the full these pleadings, the case was tried, amount claimed, $125.00, the defen-1 dant appeals. The action was commenced in the month of September, about eight days after the defendant, the landowner or master, had gathered the corn. If the complaint, which alleged no demand on the part of the plaintiff for a division of the crop so harvested and no refusal of the defendant to account for plaintiff's share, j stated any cause of action at all, the | requisite allegation of a breach of legal duty must be referred to the very broad statement of the conclusion, that the sum of $125.00 "was due and owing" the plaintiff for labor. The issue raised by defendant's jrenefral denial, therefore, was whether when the action was brought the defendant owed the plaintiff for labor a sum then due, measured by the value of one-half of the corn, amounting to $125.00. The evidence disclosed no material difference between the parties as to the terms and conditions of the verbal contract of hiring, except with respect to the period of service. The pliantifl* testified: "I agreed with him to farm two acres of tobacco and four acres of corn and one acre of potatoes, and while I was not workins* that crop 1 was to help him in his crop for GO cents a day for eight months." The defendant's testimony \vas to the effect that the contract of hiring* was for the entire year, the plaintiff, to furnish all labor for his own crop, to work for the defendant Qt the stipulated wage of 60 cents per day when not engaged in his own crop and when needed by defendant throughout the year, and to rcceive additional wages or compensation onehalf of the crops raised by him. The evidence adduced on behalf of the defendant tended to establish that he had complied with all conditions of his agreement; that the plaintiff had breached the contract of hiring in that about the first of August, after he had gathered his tobacco and had received his one-half, from which he "cleared" about $150.00 he had "quit" refusing to work for defendant when badly needed for gathering his cotton crop, going off the place to work for others and leaving his corn to be destroyed by the hogs and cows in the field; that the plaintiff had not furnished all the labor for making and harvesting his own crop as agreed; that defendant had sent word to the plaintiff to gather tlje corn and upon his failure to do so, defendant had been forced to gather it for his own protection; and that as a result of the plaintiff's Quitting defendant had t\ no rf aT Uics a^im />vat\ 'V/. > I cv \J VJ I 1110 urui ui vp, c tV/> The foregoing reference to certain of the evidentiary facts is deemed sufficient to disclose defendants theory of the case and the groundsin fact upon which he denied lega liability to the plaintiff, on Septembei 18th, of the crop year, for the value of one-half of the corn claimed a> compensation for labor under the share-cropper contract. His !eg.a position, based upon the contention o fact indicated, and embodied in certaii requests to charge, was that the rela tion between plaintiff and defendan under the share-cropper contract wa.( that of master and servant (Hufl 78. Watkins, 15 S. C., 82; S. C. 18 S. C. 611; Kennedy vs. Reames, If S. C., 551; Carpenter vs. Strickland 20 S. C., 1; Richey & Miller vs. I)uPree, 20 S. C., 6); that the defendanl was the owner and entitled to pos session of the share crop until ?* division was r.^ade (Loveless vs Gil liam, 70, S. C., 391; Newton vs. Ben et, 311 S. C., 1); that the contract oi hiring was for the entire ye.ir aiu that a breach thereof by plaintiff barred a recovery upon quantum meruit (Byrd vs. Boyd, 4 McCord, 246; Shub v vs. JelTerson Hotel Co., 98 S. C., 226); i man vs. Heldman, 63 S. C., 489! Daley ] and that because of the planitifT's ] breach of the contract in quitting: the defendant's service and in failing and i refusing to furnish his labor when | needed on defendant's own farm, the plaintiff was not entitled to recover, t The defendant's legal position was es- j sentially sound and as theve was evi- t dence to support his contentions of c fact, he was clearly entitled to have l lli<2 fltonrv ftin cnlin^i'fforl f n 4(11,1 vii v vi j v 1 viiV V CI k' V> O II 4 V VV*VI W the jury under appropriate instructions by the trial court. This brings us to the point upon which the appeal turns. Appellant contends (exceptions 3, 4, 5 and G) that not only did the Circuit Judge fail to charge the law applicable to the defendant's theory of the facts, but he expressly excluded that theory in erroneously instructing the jury as follows (the portions of the charge excepted to, with the context, being here set forth consecutively): "Now, here is the important part: That on or about the 10th of September defendant without the knowledge, consent or agreement of the plaintiff, entered upon the said four acres of corn, and before it was matured, gathered the said corn crop, and as plaintiff is informed and believes, hauled the same in his bam and is now holding the same; that plaintiff is informed and believes that the said one-half of said corn crop amounted to 50 bushels of the value of $125.00; all of which is justly due him. If the greater weignt ol trie evidence makes out that thing, then the plaintiff Hardwick, is entitled to recover the sum of money which you gentlemen will fix, According to how you consider that the evidence established the value of the corn that had been taken from him. Now, the defendant comes in and claims a number of legal points which I will read to you as he presented them to the Court, and will then call your attention to the vita'. issue already indicated. These /ire the t requests to charge of the.defendant; \ (The requests of defendant were here * read by the Court to the jury.) * * * y "Now, those are the 'egal points 1 which counsel for the defendant has * written out and has requested me to ? charge to you. The plain and simple question is this: Did this plaintiff i here, who is suing for $125.00, the value of the corn, did he agree to work at that crop and to harvest that crop? Did he agree to do that, and did he fail to carry out this agreement, going of!' and working some|where else and abandoning this corn? If be did, that, of course, you would not expect to give him a verdict; you couldn't give it to hi.n under the rules of common sense. But, if, as he claims, here, this man deliberately went to work before the crop was ready to be harvested, and pulled down the corn and took it himself, not I giving the plaintiff the opportunity to ! come in and gather the crop at the i proper time, as he claims while engag ing in other work elsewhere, then lie would be entitled to get his money for that corn, and you would find a verdict for the plaintiff for whatever money you find that corn was worth. Of course, the owner of the land ( would not have a right after a man I has worked all the year on the crop and was waiting for that crop to be ready to be hauled out and stored away, for the owner to come in and pull down the corn and take it all, from him. That wouldn't do. Whereas, on the other hand, it would not do to have the man abandon a crop because he found he could make more |money in some other sort of work or | working for somebody else than to 'stay there and gather the crop. That is plain common sense, and that Ts about all that is involved in this case. If you should find that this man walked o!f and left this stuff, finding he could get more money, having realised money out of the other crop on die land, if he did that he is not entitled to any consideration in the way of getting a verdict, but if he in good faith went on and worked on this crop and when the crop was almost ready to gather found employment elsewhere, which was better paid for in that interval while the corn was manuring for gathering he did that work, that does not take away his right to 'come back there and gather that corn j and get his share; and it does not give the right to the owner of the j land to go in and gather that corn I jand not allow the plaintiff any share IF SICK, TC i ' 5 I ; "Dodson's Liver Tone" Stra Salivating, Dangerous C< ' You?Don't Lose a Day' 1 I I discovered a vegetable coin pound ? that does tho work of dangerous, p sickening calomel and I want every Tcader of this paper to buy a bottle I for a few cents and if it doesn't } straighten you up better and quicker ? than salivating calomel just go back to the store and get your money back. I guarantee that one spoonful of Dodson's Liver Tone will put your sluggish liver to work and clean your thirty feet of bowels of the sour bilo and constipation poison which is ' clogging your system and making you 1 feel miserable. I guarantee that one spoonful of this t harmless liquid liver medicine will relieve the headache, biliousness, coated % THE HOREY HEBALD, PC n that crop. If that be the fact, the ' plaintiff would be entitled to onelalf interest In that corn." That the foregoing instructions iglored the defendant's theory of the Facts and of the law and expressly ntthorized a recovery by plaintiff if ] ;he jury should find that he had car- < ied out his agreement "to work at \ hat (his own) crop and harvest that [ :rop," regardless of whether he had j woken his contract by quitting and efusing to work in the defendant's ?rop when needed, or if the defendant fathered the corn and took it into his 1 possession before it was ready with- 1 nit giving the plaintiff, an opp.ortun- t ty to gather it, regardless of whether < ;here had been any division or de- t nand for division and regardless of 1 whether the plaintiff had quit the de- 1 fendant's service, would seem too I )bvious to require discussion. Whether < he mere reading of defendant's re- < quests, preceded and followed by the jomment above set forth, may be regarded as approval or giving the re- i luests or not, the clear and definite < subsequent instructions to the effect \ hat defendant's liability turned upon ?acts other than those which defen- ^ lant's evidence tended to establish ind which he relied on as a complete ^ lefense, were in any view misleading md prejudicial. The exceptions diected to the assignment of error in t he judge's charge are sustained. The appellant further assigns error n the failure of the Circuit Judge to lismiss and discharge an attachment c vhich the plaintiff seems to have 1 aken out on the corn. When defen- t lant moved to dismiss the attachment, he Circuit Judge suggested that the :ase be tried upon the pleadings and j hat the question of the attachment be aken up afterwards. The motion , loes not appear to have been renewed and no ruling: was made by the Cir- ^ uit Judge. The question is, thereore, no1 properly before us. As the ase must go hark for a new trial, it nay not he improper to say, however, hat if. as annellant contends, the corn vas attached by the sheriff on Senember 19tb. under .a warrant which ^ vas not actually executed and issued >y the Clerk of the Court until Octo- ( >er 31st, thereafter, the attachment nade on September 10th, was palpiblv void. The judgment of the Circuit Court s reversed and a new trial granted. We concur: REVERSED. ' EUGENE D. GARY, C. J , R. C. W A TTS. A. J. T. R. ERASER, A. J. , T. P. COTHRAN. A. J. RANKS DWINDLE AS ENCAMPMENT NEARS De? Moines?The staunch blue line of Civil War veterans, survivors of the historic internecine conflict of more than sixty years ago, is rapidly being decimated from year to year, according to figures on file at the headquarters o ft.he Grand Army of the Republic here. In 1022 the number of G. A. R. veterans dwindled by 14.512, a decrease from an enrollment of 71,106 at the beginning of 1023, according to figures in the Hands of National Commander H. W. Willett here. During that time the number of active posts in the country decreased from 4,218 to 3,059, indicating the abandonment of 559 posts. One by one the white haired veterans of Shiloh, Lookout Mountain, Gettysburg and Chickamauga are answerering the call of taps which sounded for so many of their comrades on the field of battle from '61 to '65. Preparations are being made here ^"or the national encampment of the a. u., wnicn is to be held in Milwaukee this fall. Attendance estimates have been set at 20,000 as a possible maximum figure. Members of auxiliary organisations including the Sons and Daughters of Veterans, may bring the total attendance up to 50,000, the officials say. Great cave is being taken this >ear in the identification and housing of the veterans. Forms will be Filed out at e;?ch pos? showing the name post and organization an! on this blank will be filed the housing information, thus avoiding confusion in registration and elimination of the red tape j that heretofore is said to have been confusing to the old soldiers. o Conway wants to outdistance Mar-1 ion. , i lightens You Up Better Than alomel and Doesn't Upset s work?Kead Guarantee tongue, ague, malaria, sour stomach or any other distress caused by a torpid liver as quickly as a dose of vile, nauseating calomel, besides it will not make you wick or Keep you from a day's work. CalomM is poison?it's mercury?it attacks the bones often causing rheumatism. Calomel is dangerous. It sickens?while my Dodson's Liver Tone is safe, pleasant and harmless. Eat anything afterwards, because it can not salivate. Give it to tho children because it doesn't upsot the stomach or shock the liver. Take a spoonful tonight and wake up feeling fine and ready for a full day's work. >NWAY, S. C, MAY 3, 1823 THREE SCHOOLS" WILL COMPETE ; ??? s Three of the five high schools, Pee Dee Baptist Academy, Loris High J School, and Green Sea High School, in ' rlorry County, compete in scholarship ind atheletics May 5. Below is an out ine of the program of the day: Oratorical Contest The oratorical contest will take place at Loris, FHday night at eight i o'clock. A medal will be awarded to j ;he High School boy who wins in the < leclamation contest, and a medal to i ,he high school girl who has the best recitation. Similar contests will be 1 leld for the primary and grammar i grades. Each of the schools will have 1 one representative in the respective oratorical contests. Literary Contests G?eon Sen High School (time 10 A. ' VI.) Composition contest between high i 1 m _ $V*ioui pupns. i wo representatives ; from each school. Map drawing for 5th, 6th and 7tli grades, inclusive. Reading1 1st, 2nd and 3rd grades. ; Dne boy and one girl from each grade. , Spelling for 4th, 5th, 6th and 7th grades. One representative from each 1 jrade. i Athletics All contests to be held at Green Sea >n Saturday, May 5. Each school will ( ^ave two representatives in each con- , est. > i No. 1. Broad jump, high school girls. ( No. 2. Pole vaulting, high school < >oys. 1 No. 3. Pole vaulting, high school 1 ^irls. No. 4. 100 yard dash, high .school 1 )oys. } No. 5. 100 yard dosh, high school i gtrls. ' No. 6. Shot put. high school hoys. No. 7. Shot nut, high school irirls. < No. 8. Broad jump, high school hoys. 1 No. 0. 220 yard dash, high school : joys. V\ 10. 120 yard dinsh, high schools ^irls. 1 No. 11. High ntmp. school l.ovc ] No. 1 Hicrh jump, high school girls j No. 13. Pole vaulting, grammar i grade boys. j No. 14. Pole vaulting, grammar < grade girls. No. 15. 50 yard dash, grammar i grade girls. < No. 16. 100 yard dash, grammar ] *rade bovs. No. 17. Potato race. No. 18. Sack race. i No. 10. Three-legged race. No. 20. Tutr o^ war. No. 21. Teacher's race (50 yards Will N ,? Solid and ri * Never has Firestone 1 situated to give operators measure of Cushion, Tract age at the lowest cost. Today, economical mam distribution are showing suits. Our favorable purch in advance of the 150% in< about by the British Crud striction Act, aid further i the old price levels. Whatever the Truck , Firestone Dealer 1 Right Tire Firestone developments < jrcais nave nictuc pace tUl and set new records in su performance. Five tires Duty Cushion, the Trucl the Maxi-Cushion, the Gi the High Type?cover motor haulage in all its has a distinct work which Each possesses a definit value for the operator. Firestone Ti The Firestone Dealer wi need solid or cushion tires he with hydraulic press for quic trucking operations. You'll i MOTOR SI Cushion F race.) 'I Addresses will be made by the State Superintendent of Education and the 1 State Supervisor of Agricultural in- ] itruction, Prof. Verd Peterson. Dinner wili be served on school grounds. Everyone is expected, to jrinfr. full baskets. o ANDERSON PEOPLE HEIRS TO FORTUNE Anderson, S. C.?Rivaling in some respects certain of the episodes which figured prominently fn happenings 1 subsequent to the announcement some months ago of a vast fortune variously est invited at $50,000,000, said to have been left by one Thomas Brown- . ing, Texas oil magnate, the announce- ; went made here recently that many Anderson people would receive portions of a $3,000,000' trust fund held in Washington^ for descendants of Eli'as Sanders, has created something of a sensation among those claiming kinshfp with the deceased. Elias Sanders, according to the statement of those interested in the distribution of the trust fund, was a member of the Maryland tribe of Indians and' it is through his connection with that tribe, it is said, that the right of his descendants to the legacy is established. Sanders, according to J. A. McDufT. FTartwell Ga., attorney, who is representing certain claimants, was a rimaway member of the Maryland tribe Indians. He was brought to this section (which accounts for his con- ; sections in Anderson county and Hart county Ga.,) That there is scarcely a rruestion but that the trus* fund exists a'as the statement of Mr. McDufT, v.Tho with an attorney of Mineral Wells, Tex., are interested in the distribution of the funds. The Texas lawyer las for the last several months been investigating the trust fund and claimants and recently furnished the Hartwell lawyer with a complete list [>f names, including more than one liundred persons, many of whom reside in this and Hart counties. Mr. McDufT was in A^drvsnn yesteriay and today during wtiich time numbers of claimants appfied to him and presented their claims. The attorney stated the fund represents a pension appropriation for the Indians of the IDOve named tribe and will be allotted Dither in cash or in land. In addition to the long- list of names of people in this and other counties, the name if Ida May Wilson, of Greenville appears. The Hartwell attorney stated that with the completion of work in connection with the presentation and perfecting of claims, the distribution of funds to those who successfully perfected their claims probably would be lot Increase Pric [ Pneumatic Tru Until May 1st L 11 " ueen so wen ltuck owner } the greatest will find the an tion and Mile- rapid, economic Firestone True lfacturing and tread that inci the fullest re- and ^proves ti ases of rubber, gum-dipped car :rease brought Ut fhe /T(rei le Rubber Re- K y in maintaining r There are 80( Ci8, located in Service?the centers, fitted thorough know! rtas tne you choose the loads and servi< Df the past two price prof r the industry ^ re, economical 1 s?the Heavy Additional ti Ic Type Cord, Service Dealers ant Solid and ?UtpU/ w,1i Per , m 0 Firestone Servi< the needs of ,ng your truck forms. Each advantageous j 1 it does best. unusual tire?a e and special prices which n months. ire & Rubber Co., A 11 supply you with Passenger Car anc ? will refer you to the nearest Service k change-overs. Make one of these Sta eap results in surer and more economi UPPLY & REPAIR C CONWAY, S. C. ? Traction - started within two months time* He indicated that unless many more ' claimants than have already applied, " presented their claims, the major portion of the fund probably would revert to future generations, indicating that the share of each of the claimants would be small. o WAS UNUSUAL. It took an election ordered by act of the Legislature to decide the Location of .a bridge that was proposed to span the Waccamaw above Conway. The rival places for the bridge were \ Star BlufT and Bellamy's Landing. o Second sheets and fine writing paper at The* Herald office. About Child-Birth AN eminent physician has shown to thousands of expect ant mothers just how to be free from dread, and from much of the Buffering which many mothers experience for months, right up to the moment when the Little One arrives t l Mm. Wm. Wa&hington, 107 Louise * Ave., Nashville,. Tcnn., says: "There *?. is positively no woman on earth that would be without 'Mother's Friend' durinsr expectancy if she only knew the valuo of comfort." "Mother's Friend" Is extemnTly applied to the region of the abdomen. back, and hips. It relieves the tension on nerves and Kiraments as month follows month. Finally, it mukes child-birth a joy instead of a painful dread. Use "Mother's Friend" as our mothers and grandmothers did. Don't wait, start today, and meanwhile write to Brndfteld Regulator Co., UA-17, Atlanta. Ga., for a free wonl innlf || ovory expectant mother 3hould hav?. 11 Get u bottle of "Mothcr'a Friend" | to<5uy. It i? sold by all V drujiifiEta?everywhere. M ws jjUgj jod Mr W& Br i _ ^ r*:es on I ick Tires \ s, using pneumatic tires, swer to every demand of :al transportation in the k Type Cords with the reases carrying capacity raction, and the powerful cass construction. itone Service Dealerw ir Trucks Moving ) Firestone Service Deali the principal trucking by natural ability and a ledge of trucking, to help , right tire for your roads, :e. ection as Long as j jh locks Last \ res will be supplied to only so far as our present mit. Consult the nearest ce Dealer at once regardtire needs. He is in an position to give you an specialized service?and lay not be duplicated in ikron, Ohio I Truck Type Cords. If you Station, which is equipped tions an active part of your cal haulage. OMPANY - Mileage