THE MILUKEN SIDE.
Mr. Dial Reviews the Cotton Mill Con-1
Iroversy.
The Advertiser, at all times desir
ous of being absolutely fair on all ques
tions of moment and of public concern,
today reproduces Mr. N. B. Dial's let
ter below in full from The News and
Courier:
To the Editor of The News and Cou
rier: There has been so much said in
the newspapers recently in regard to
the aurens Mills and the LLucas-Milli
ken litigation, and I have been asked
so many times to explain the true in
wardness of the matter, and the atti
tude of the home people in regard to
the controversy, until I now ask space
in your valued paper to give the true
history of this enterprise and this lit
igation as I understand it.
I will state in the beginning that I
have long hesitated to appear in the
press because I dislike publicity and
notoriety particularly of this kind?
but since some parties, ostensibly
friends of the present management of
the mill have seen proper to bring a
suit in the Court of Common Pleas for
Laurens County against me and others,
and since .the newspapers have given
the charges contained in said suit pub
licity in their columns, I feel that I am
due myself and the persons who side
with Mr. Milliken to give our reasons
for the position taken by us heretofore.
I will also state that what I have to
say is done of my own volition as a
citizen and taxpayer of South Carolina,
who desires to sec fair treatment ac
corded each and every person, whether
he be a resident, a non-resident, alien
or what not. I am not writing as at
torney for Mr. Milliken, nor with a
view of having any influence whatever
upon the various suits which are now
pending, nor am I writing ns a cham
pion or spokesman of Mr. Milliken,
since he and his colleagues are amply
able to take care of and defend them
selves in the newspapers or the Courts
without my aid. In fact I spoke to Mr.
Milliken shortly after the litigation
had commenced, and when there was
so much being said in the newspapers
of the State about the case, and when
he had been placed in so many false
lights by the correspondents of these
papers, suggesting that he make a pub
lic statement of his side of the contro
versy und have it published. His reply
was that ho was not seeking notoriety
and that he had been sued, and his de
fence would be made before the Courts,
and that eventually the public would
understand his entire actions in the
premises ?that he had not sought lit
igation nor publicity, but the same had
been forced upon him by the plaintiff
in the case.
how the mills were buii.t.
To go back a little. About 1895 the
town of Laurens was at a standstill?
our surrounding towns were building
mills, and making strides of progress
generally. Our houses were vacant,
no demands for our lands, and in gen
eral we were simply doing no good.?
About that time we were casting
around to try to get some one to build
a cotton mill, and we were willing to
make every effort our limited means
would allow to get into the line of ad
vancement and prosperity. About that
time Mr. Lucas came down from Spar
tanburg, and stated that he and his
friends would raise $75,000 to build a
cotton mill, provided an equal amount
was raised locally. After various ef
forts the home people subscribed this
amount, or very nearly all of it, and
building operations were started. Soon
after this, upon Mr. Lucas's return
from the North, where he had placed
orders for machinery, he called the lo
cal people together and stated the
Northern people were willing to double
their subscriptions, provided the same
was done at home. My recollection is
that no stockholders' meeting was held,
but the directors consented to this, and
stated they thought this could be ac
complished. But as a matter of fact,
the necessary amount was not entirely
raised, nor all of the subscriptions paid.
The management went on, however,
and about doubled the capacity of the
plant, and went largely in debt. It is
not relevant to this issue now as to
why these subscriptions were not all
paid, but the defaulting parties claim
they had good reasons for withholding
them?that bad faith had been exer
cised, etc. As a matter of fact in my
opinion both sides were to blame at the
time. But it was necessary for this
mill to secure additional capital, since
it had unwisely followed the example
of a great many others in the State in
building perhaps double the capacity of
the amount of capital which had been
subscribed. Therefore it was necessary
to raise additional funds, hence the di
rectors were called upon to sign notes
to the extent of at least $50,000, and
yet this was not sufficient to put the
enterprise upon its feet, and the stock
holders wero called upon to aid, and
several stockholders, some of whom
were not directors, loaned our credit to
it to the extent of $45,000. The mill
had been built at a very advantageous
time, and at a remarkably low cost,
and Mr. Lucas deserves great credit
for the energy he exercised in its be
half, still tho stockholders were not,
and arc not unmindful nor ungrateful
of the efforts of other stockholders and
citizens who aided materially in keep
ing the cost per spindle at thfe mini
mum. Two liberal citizens donated the
sand; others supplied the water, deliv
ered free of cost, and in fact, a great
number of our people* aided in overy
way in their power in building the mill
as cheaply as possible.
how mr. milliken cot into the busi
ness.
Mr. Milliken had no connection with
the mill in the beginning, but the ac
count was handled by another commis
sion house, and shortly after it began
operation this house was unable to han
dle the account, and of my own knowl
edge allowed drafts to go to protest, and
notified the management not to draw,
even with bills of lading attached, un
til it was notified that they had money
in the bank. This was about 1898 or
1897, when there was great ntringency
in the money market, and when the
said commission houses' business had
recently increased very largely. Per
sonally I do not know much of that
house, but I think they were first-rate
people, but were simply unable finan
cially to properly conduct the volume
of business they were endeavoring to
handle. Things looked pretty squally
at the mill at that time, because it had
no or very little credit, and had not
been in operation long enough to estab
lish its reputation. The president of
the mill at that time applied to Mr.
Milliken to take the account end aid
tho institution financially. This he con
sented to do, upon the urgent request
of one of bis long personal friends in
South Carolina. Well do I remember
how glad the endorsers on these papers
were when Mr. Milliken consented to
take charge of the selling agency of
the goods of the company, and to fur
nish the necessary capital. Soon there*
after all of the said notes wero paid,
and from that day ar. long as he kept
the account, I never heard of the di
rectors or anyone else being called upon
to endorse papers. I have never heard
of the mill needing a dollar from that
time forward, but what it promptly re
ceived, and, that even, according to my
understanding without giving notes.
So much for the history of the building
of the enterprise.
WHEN THE LITIGATION STAaTED.
I was an original subscriber and still
have my stock, and was a director for
a while. While I differed with Mr. Lu
cas in some details concerning the man
agement of the property, yet upon the
whole I was satisfied with the price the
stock was bringing and the dividend it
was paying. I thought when tho mill had
gotten on its feet and was making
handsome profits that the stockholders
should have been paid a dividend before
t they received it, which was about five
years. In fact, I moved in the direc
tor's meeting, and that year before a
j dividend was paid, that we pay a three
I per cent semi-annual dividend. My ar
gument was that a great many poor
people had invested their earnings in
the enterprise, and that they should
have a dividend to help them meet their
daily wants. Besides this a great many
of our people had gone to tho banks
and borrowed money, and had been pay
ing interest on it all the while, and
some of them were disposing of their
stock under par, and if we did not pay
them r. dividend at an early date they
would still sacrifice it further, and that
after so doing, they would become dis
satisfied with the mill in particular, and
disgusted with all similar institutions in
general. A good many of the local
stockholders, perhaps all of them, nlso
disagreed with the management of the
mill in erecting very expensive and un
necessarily extravagant buildings, as
we considered it, particularly so with
out consulting the board of directors.
I do not know that it is true, but it is
reported that tho office building cost
$10,000, and is said to be the finest mill
office in 'he South, and that the school
house coat $12,500, and that a stable
building, paid for out of the funds of
the company for Mr. Lucas's private
and personal use, cost anywhere from
$3,000 to $5,000, and, moreover, it was
commonly reported and generally be
lieved tha. he had had plans drawn to
build him a private residence on the
land of the company, and out of its
funds, which would cost $20,000. It
was along about this time that large
nnmber of the stockholders became
restless and the local directors became
dissatisfied, and be was asked to take
the stable lot off tho hands of the com
pany, etc. Shortly after this tho litiga
tion arose between himself and Mr.
Milliken, all of which is familiar to the
public, and anyone desiring a more de
tailed account of it can find it in Judge
Brawley*8 interesting and just decree,
published in full in The News and Cou
rier of July 27 of this year.
A DIFFERENCE OF OPINION.
Mr. Lucas claims the sole foundation
of his contention with Mr. Milliken was
his refusal to handle the goods of the
company for a less commission. I am
not passing any judgment in the con
troversy, but Mr. Milliken says the
trouble is a personal one?that Mr. Lu
cas had become angry with him because
he would not loan him additional money
for another mill, and that he had made
derogatory remarks of him, his son and
firm. It is claimed that a proposition
was made by Mr. Lucas to purchase
five hundred shares of Mr. Milliken's
stock. As to whether this trade was
entered into, it will be necessary for
the Courts to decide, and it would be
improper for me, being one of the at
torneys in the cuse, to express an opin
ion. However, the records are public
property, and they show a suit was
brought by Mr. Lucas in May, 1905,
against Mr. Milliken and others, in
which it was claimed that said agree
ment had been entered into. In this
suit an injunction was prayed for, etc.
The record shows that Judge Klugh
granted an injunction on the 17th of
May, when the annua' meeting of the
I stockholders was to be held on the 19th,
only two days thereafter, and that he
enjoined the Millikens from voting not
only tho five hundred shares of stock,
but their entire holdings, and the prox
ies represented by them, amounting to
something like 1,700 shares. The mill,
was made a party to this suit.
THE ELECTION OF DIRECTORS.
The Sheriff's is less than fifty yards
from the hotel, where some of the Mil
likens wero stopping on the 17th, and
it is three-fourths of a milo from the
Laurens Cotton Mill office, where the
stockholders' meeting was attempted
to be held on the 19th. The Millikens
were at the hotel also on the 19th, an
hour or two before they went to the
cotton mill office. If this order had on
joined only the voting of the 500 shares,
which Mr. Lucas claimed Milliken
agreed to sell him, no one, or at least
the legal profession would not have
been surprised. The proceedings and
order were kept secret, or as Judge
Brawley puts it, "up his sleeve," un
til the stockholders were proceeding
with business of tho meeting, when the
deputy sheriff emerged from hiding and
served it on the Millikens and a Char
leston director. It occurred to all fair
minded people that said papers should
have been served on some local director
of the cotton mill and the Millikens
sooner. The Charleston director, along
with one of their attorneys, came up
on the afternoon train and dismounted
at a wood rack, about three miles from
Laurens, and came in the back door.
It was a little amusing to watch the
countenances when the consciences were
pricking. So far as I know the Milli
kens had no representative living in
Laurens at the time, and they were
very much surprised at the way in
which legal processes wore sorved in
South Carolina. It was at this juncture
that a largo number of other stockhol
ders, including all tho other local direc
tors, withdrew from the meeting. I de
nounced the procedure in the meeting
as being a lick below the belt, and un
fair, and I urged an adjournment for
two weeks. I am glad to state we
have citizens, and a great number of
them, who helieve in upright dealing
and open transactions and who will not
chloroform financially and. financially
sand bag a person, even if he be a citi
zen of another State. I will state
further that my sympathies have al
ways been with the stockholders of the
mill and that commissions should be as
low as a business could be run honestly
and in a businesslike manner. I do not
know whether this should bo one per
cent, or four per cent, more or less,
but there is a proper way to approach
commission houses for this purpose.
THE MILLIKEN STOCK.
So much has been said in tho news
papers by my good friend, Mr. Ball, of
Tho Advertiser and of The News and
Courier, and generally the press agent
of Mr. Lucas, about the row being
brought on by Mr. Milliken, demanding
the pound of flesh, and that Mr. Lucas
had made a much better trade with an
other house, etc., until the public may
think there is only one side to the case.
Mr. Ball is so well known that no one
will accuse him of misrepresenting the
facts of the case, but evidently he has
jumped at conclusions without reading
the entire record, and he has had this
side very prominent before the public
and the press for some considerable
time. I know too well the editors of
the principal newspapers in the State
to believe they would, for one minute,
allow their columns to intentionally mis
represent Mr. Milliken or any one else.
These newspapers are very great fac
tors in the development and upbuilding
of the resources of our State, and their
editors, without a single exception, so
far as I know, are friendiy to all inter
ests which tend to the betterment of
the condition of our people, and that
they will do everything in their power
to aid, encourage and foster new entcr
priees, such as building mills, etc.
Some of them, however, not being in
possession of the facts of this case,
have made some comments they would
not have made had they been better
posted. For instance, it was not pub
lished at the time the injunction was
served that Mr. Milliken had been en
joined from voting his entire holdings
and proxies, which was in the neighbor
hood of 1,700 shares. When the Milli
kens were forced to withdraw from the
stockholders' meeting other parties
holding large blocks, of stocks also
withdrew, leaving only 1,292 shares out
of 3,500 represented, and the holders of
these shares undertook to elect a new
board of directors. Mr. Milliken and
his friends could have elected a board
of directors even after the five hundred
shares had been enjoined. As a matter
of fact, no effort had been made on the
part of Mr. Milliken, so far as I know,
to secure any local proxies, and if such
effort had been made it is more than
probable his side could have secured a
good, large number. He had purchased
some stock. Further, it has been held
up before the public that the contract
with Stevens & Co. is for 2 per cent
commissions, against the agreement
with Mr. Milliken for 4 per cent; for
the same service, accommodations and
risk. Now, we will analyze these two
contracts, and see whether or not the
latter is moro advantageous to the
stockholder than the former.
THE QUESION OF COMMISSIONS.
In the arrangement with Deering,
Milliken & Co. the mill wa;< to pay four
per cent on bleached goods, three per
c:ent on unbleached gjods, and it paid
nothing where the goods were sold di
rect. This arranger lent was to termi
nate at the pleasure of either party; in
fact, my information is that there was
no written agreement whatever. On
the other hand the agreement w.th
Stevens & Co. is that they are to re
ceive four per cent on bleached goods
and per 2 cent on unbleached goods, and
one per cent on all goods sold else
where. Not only this, this contract
purports to be binding on the cotton
mill for a period of five years, optional
with Stevens & Co. to have it renewed
for a term of five years additional, still
optional upon Stevens' part to annul it
upon six months' notice ?a very one
sided arrangement?"heads I win, nnd
tails you lose." Not only this, it was
signed, according to my recollection, on
the 12th of May, seven days before the
annual meeting was to take place, and
when the president of the company
knew a majority of the stock favored a
change. It was entered into without
consulting the directors, so far as I
knew. It will be seen it depends on
the condition the goods are in when
they are sold as to whether or not one
contract is more advantageous than the
other. It occurs tome that the officials
of a company would have no legal or
moral right to bind it for a period be
yond their term of office, particularly
when such was not necessary for the
proper conduct of the affairs of said
corporation. Moreover, it would look
in bad taste when they knew the ma
jority of the stock did not favor any
such arrangement. I have nothing
whatever to say against the firm of
Stevens & Co.; in fact, I know some of
the members of the firm pleasantly,
I and I think they stand high in tho busi
j ness world as individuals. They have
a house dealing in wollen goods, but
they are not known as a cotton goods
house, and have only added this branch
to their business recently, and taken it
?n as a side issue. One unfamiliar with
such business would naturally think a
purchaser would not go to a hardware
store to buy cheese, nor to a woollen
goods house to buy cotton goods.
IN THE HANDS OP THE COURTfl.
The principal case of Lucas against
Milliken was transferred to the United
States Court, and Judge Brawlcy, un
der hid decree as already mentioned,
dissolved the injunction of Judge Klugh.
Afterwards Judge Pritchard enjoined
Mr. Lucas and the mill from interfer
ing with the elections of directors, etc.
Some days thereafter ten persons, who
owned a majority of the stock of the
mill, advertised for a special meeting
of stockholders for the purpose of
electing directors, etc., claiming that
the attempted meeting in May was not
legal after the injunction had been
served and the meeting practically
broken up. These citizens of Laurens
brought suit against said ton parties,
and upon application Judge Klugh
granted another order of injunction, in
which he authorized the defendants to
appear before him?"me" to move to
dissolve the same. Therefore this
meeting was not held. A motion was
made bofore Judge Memminger, who
was holding Court in this circuit, and
presumably having equal power to dis
solve the injunction. He said that he
had no jurisdiction, sinco Judge Klugh
had taken personal control of the sub
ject matter. Being an attorney in the
case, I cannot permit myself to express
any opinion on the ruling of either of
these distinguished Judges. The reason
and inducements for the bringing of
this last named suit is obvious to all of
the home people and parties who are
familiar with legaf conditions. It will
bo amusjng, and perhaps a little cm
barrasing a little later, when facts are
made known. In this complaint tho
writer and othors aro charged with
having conspired to do many wrongful
and illegal things in favor of Mr. Milli
ken, and it has been stated that the
course of myself and others in this mat
ter has been brought about by financial
aid, etc. In order that these falsehoods
may be set at rest, I am ,able to state
I that I do not know any more about Mr.
Milliken's intentions about tho future
management of the Laurens Mills, nor
j about his intention in reference to the
contract with Stevens & Co., than
I every man in South Carolinn. He told
me he expected to manage the mill in
the interest of all the stockholders; not
only this, I can further state that Mr.
Milliken has not a dollar of stock in
any enterprise in which I am interested,
save the Laurens Mill, nor hns he aided
me in securing a single subscription.
Moreover, I was not employed by him
as attorney until some time after the
farce of the May meeting.
What I have done, nnd am doing, is
simply in behalf of justice and in the
love of fair play and honest treatment.
HOW MR. MILLIKEN HAS HELPED THE
MILLS.
I have known Mr. Milliken for sev
eral years, but it was not my good for
tune to be thrown with him often until
recently, stilll I havo beard, and that
not through and by him, of several acts
of liberality which should endear him
to a great number of our people, and
should satisfy the public beyond pcrad
venture of a doubt that he is not the
Shylock that ho has been painted in
this litigation. A few years since I ac
cidently knew of a mill in the Piedmont
belt in this State which had done as the
Laurens Mills bad done, built more
than it had means, and its stock was
selling at a great discount,probably not
bringing 30 cents on the dollar in the
open market, when Mr. Milliken went
to its rescue with his means, prestige,
judgment and ability, and its stock
soon jumped to par, and shortly there
after paid a dividend, and I think has
continued in this flourishing condition
ever since. Not only this, but my re
collection is that he joined Capt. Mont
gomery in the erection of the first
Pacolet mill, and aided him in raising
the first subscription to that magnifi
cent property, and has been its selling
agent ever since. No doubt the success
of this mill has had as much to do with
encouraging our home people to build
other mills in the State, and of induc
ing capitalists to invest in South Caro
lina as any other enterprise in the
State, no doubt, more so, since the stock
of this company was paying handsome
dividends, and was worth three to one
before it was washed away in part a few
years sinco. If Mr. Millikkn had been
the great robber some people would
have you believe, how could this mag
nificent result have been accomplished?
Not only this, its stock lias recently in
creased fifty per cent and is paying
splendid dividends. Further, I have
heard, and not from Mr. Milliken, and
I believe it is true, that when this dis
aster occurred he telegraphed to the
creditor., if they were anyways uneasy
about their paper they could draw on
him for the entire amount, which was
in the neighborhood of a half million
dollars.
It has been my duty for the last year
or two to look into the question of sell
ing agencies and soliciting capital for
a cotton mill, and my information was
that the firm of Deering, Milliken & Co.
stood as high as any in New York, and
perhaps had invested more money in
South Carolina than all other commis
sion houses put together. I,ooking over
a list of quotations of mill stock recent
ly another thought occurred to me. If
the firm of Deering, Milliken & Co. is
so unjust and were such poor business
p"ople as has been charged against
them, why is it that the stock of the
two mills, which changed their account
to the new house, steadily decreased?
Not only this, according to the state
ment of the Laurens Mills, the last
semi-annual report shows that it has
made less money within that time than
within its history under similar circum
stances and conditions. I could extend
this article to a very great length, but
think I have put the public in posses
sion of enough facts to show that there
aro at least two sides to the case.
N. B. DIAL,
Laurens, S. C, Dec. f>, 1905.
Huge Task.
It was a huge task, to undertake tho
cure of such a bad case of kidney dis
ease, as that of C. P. Collier, of Chero
kee, la., but Electric Bitters did it.
Ho writes: "My kidneys were so far
gone, I could not sit on a chair without
a cushion; and suffered from dreadful
backache, headache and depression. In
Electric Bitters, however, I found a
cure, and by them was restored to per
fect health. I recommend this great
tonic medicine to all with weak kidneys,
liver or stomach. Guaranteed by Lau
rens Drug Co. and Palmetto Drug Co.
Price 50 cents.
FINAL SETTLEMENT.
Take notice that on the 29th day of
December, 1905, I will render a final
account of my acts and doings as Ex
ecutor of tho estate of W. L. Cunning
ham, deceased, in the office of the
Judge of Probato of Laurens County,
at II o'clock A. M., and on the same
day will apply for a final discharge
from my trust as Executor.
All persons indebted to said estate
are notified and required to make pay
ment by said date, and all persons hav
ing demands ngainst said estate will
Sresent them on or before said date
uly proven or be forever barred.
G. W. CUNNINOHAM,
Exeeutor.
Nov. 28th-td.
1
Follow The Crowd and Come Here
to select Your Christmas Presents
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6s*
Christmas Footwear
Our Christmas Footwear Display wins great
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For Women
We have the handsome Street and Dress
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Beautiful line of comfortable Warm Shoes
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We've everything to make a Woman's foot
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For Men
We've splendid Shoes in all the new
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Business Shoes, Full Dress Shoes, Danc
ing Shoes and Warm Bedroom Shoes.
Romeo? and Juliettes makes good Christmas Presents
FOR BOYS AND MISSES
We've the best of Shoes for School and for Dress occasions.
Rubber Shoes for the girls and little fellows, etc., etc.
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COPELAND,
Shoes, Hats and Furnishings
Customer's Shoes Shined Free The One Price Store
BARGAINS
Furniture, Jewelry and China
Call and Ask for Prices
Bargains in Every Department
The New Furniture Store
Caine & Moorman
Laurens, South Carolina
State of South Carolina,
COUNTY OF LAURENS.
P>y O. G.Thompson, Esq.,Probate Judge.
Whereas, John F. Bolt, c. c. C. P.
<:. s., made suit to me, to grant him
Letter of Administration of the Estate
of and effects of Susan 0. Gray.
These are therefore to cite and ad
monish all and singular the kindred and
creditors of the said Susan G. Gray, de
ceased, that they be and appear before
me, in the Court of Probate, to be held
at I .aureus Court House, S. C., on the
3rd day of January, 1906, next after
publication thereof, at 11 o'clock in the
forenoon, to show cause, if any they
have, why the said Administration
should not be granted.
Given under my hand, this 21st day of
November, A. D., 1905.
O. G. THOMPSON,
Probate Judge L. C.
Nov. 22, 1905-16-6t
Simpson, Cooper & Babb,
Attorneys at Law.
Win practice in ail State Courts.
Prompt attontl.il tfivon to all business.
W. C. IRBY, Jr.,
Attorney at Law,
LMJKKNS, S. C.
Money to Loan.
Loans negotiated on improved farms
in Laurena County at 7 per cent inter
est on $1,000. and over, and 8 per cent
en smaller amounts, secured by first
mortgage. Easy annual payments. No
commissions. Borrower to pay for ab
stract of title.
C. D. Barksdalb,
Laurens, S. C.
SCHEDULES
(3. N. .V L. llnllroAd Co.
Sohedule In effect Novombor 21st, 1004 :
No. 52 No. 21 No. 85
Pasm-n^er ,MU I ox- Freight ex
Daily c?>pt Sun- copt Sun?
Lv Columbia
ar Nowborry
ar Clinton
ar LnurunH
I .v iAurens
ar Clinton
ar Ncwhrrry
ar Columbia
11 10 am
12 30 p m
1 22 p m
1 42 p in
No. 53
2 02 p m
222 p m
3 10 p m
4 45 pin
day
5 15 p m
T 05 p m
8 15 pm
8 45 p m
No. 22
700 am
730 am
8 35 n in
10 30 a ni
ilny
1 00 a in
3 45 a ni
5 25 a tn
0 00 u in
No. 81
5 20 |> in
>'? 00 p in
7 05 i> in
9 15 p tn
C. H. GASQUK. Affont.
Correct Dress
BiiWHimniTiri imii n
The "Modern Method" system of
high-grade tailoring introduced by
L. E. Hays & Co., of Cincinnati, O.,
satisfies good dressers everywhere.
All Garments Made Strictly
to Your Measure
at moderate price*. 500 Ityles of foreign
and domestic fabrics from which to choose.
Ask your dealer to show you our line, or tf
not represented, write to us (or particular",.
I.,. R. HAYS (SI CO.
CINCINNATI, OHIO.