Historical Newspapers of South Carolina

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REFEREE DECIDES WARE SHOALS CASE IN FAVOR OF THE RIEGELS. The report of Mon. I'M ward Mclver. special referee In the ease of ..I. (). C. Fleming. N'. B. Dial et al., vs. BenJ. Riegel et al., and the Ware Shoals Manufacturing company, has been ttlod by the clerk of court. W. II. Yel dell, at Greenwood. The report is in favor of the defendants and there fore adverse to Mr. Dial and bis CO?< plalntlffs. Mr. Mclver says in con clusion of his report: "I therefore conclude as a matter of law that the motion to dismiss the case should be granted, and so report." The case came up for trial at Green wood at the November term. 1907, of the court of common pleas. A mo tion to dismiss the case was made by counsel for defendants ami It was on this motion that. Hon. Kdward Mc lver of Cheraw was appointed special referee to take testimony and report on all Issues of law and fact to the court. This report will come up at the November, 1909, term of the court of common pleas. Several references have been held and a great mass of testimony taken. The report in part Is as follows: "This suit was instituted by certain minority stockholders of the Ware Shoals Manufacturing company against the majority stockholders and the corporation, praying for (1) specific performance of an alleged contract; (21 an injunction against the alleged unlawful contract and management of the corporation by the majority stockholders: (3) an ac counting by the defendants for their alleged wrongful acts ami conduct in the management of the company, or for cancellation of the alleged con tract and to restore the parties to their former positions ami for dam ages. The complaint is lengthy ami charges minutely the specific acts of wrongdoing < oiuplniucd of. I adopt the synopsis ol the allegations of the complaint contained in the argument of Mr. Col lira u, one of the attorneys for tin? defendants, as it Is a clear and fair statement, and is more con cise and al the same time more com prehensive t ban I could hope to make it. I want to say at the outset that this case has been prepared and pre sented with great thoroughness and marked ability by the attorneys rep resenting both si tes, ami I will not hesitate to largely adopt and use such par's of their arguments as sustain the conclusions I have reached. . . . Den) All Charges. "The defendants by their answer deny all charges of bad faith and con duct; they deny the existence of any contract other than that reduced to writing, signed by the parties and confirmed by stockholders at their meeting July '_':.'. I '.'or.; they set up certain specific defences to the plain tiffs' alleged cause of action: (li that the alleged contract is not in writing; (2) that the same is no- to be performed within one year; >'.'?) thai the same relates to sale of goo I - exceeding $."0 in value; ID that the same was not authorized by the stock holders or directors of the company: (.".I that the same was not within the power of the president to make. . . . "At the conclusion of plaintiffs' tes timony the defendants moved to dis miss tie* complaint on various grounds set out in writing, which Is herewith sent up. "The principal point of contention in tills case Is the spec I lie perform ance of an alleged verbal agreement. . n to rod Into bet ween M r, I >lnl am! tiie Ricgols <>r bctweeil the company und (lie Riegels: 111 To rejaln Mr. X. 15. Hint as president of tl.i- . om pany from year in yeai during Ills life oi' i ; hing : he made an CfUcicilt j officer iii :i snlarj of $!l.opt) pei an num; 12) that the Riegels would tnki > the oat;.ui nt the mill ai tie- prevail ing market price without coinfhlssioh; (3J llmt they would loan or procure to t>e joahed to the company money at low rap s ( f interest. "Towards first, two or three contentions the arguments on both sid<s were largely directed and were most Interesting, able ami instructive, i am reluctant I) forced to the con clusion thnl the testimoiij does not make cm such, an agreement as would lustlfy n court In decreeing specific performance and even If such an agreel.:"lit to elect any certain per son president from year lo year, foi an Indefinite period) al a fixed salary , had 60011 made by one stockholder with another or with the corporation, It would be Void as contrary to pub lic policy. ??Where the Contract!" "I am absolutely satisfied as to the OQtlro truth and correctness Of the testimony of Mr. N. B. Dial. I feel ] tare that the conversations testified to by him occurred just as lie says they did; and that he was fully of the impression that be was to be retained as president at the salary ho was then getting; that Mr. B. I). Riegel gave him that Impression, and that Rlcgol too so Intended at the time. Hut where is the Contract, when was It made and With whom? The mat ter was talked over, It U true, both before and after the making of the written contract, but the talk bad been between these gentlemen, as Mr. Dial details it on the stand, does not make a contract, it is too vague, too Indefinite. Who were the parties to the contract? Only Mr. Dial and Mr. B, I). Riegel. I have no doubt that Mr. B. D. Riegel told Mr. Dial that they would retain him as presi dent, but could he In this way bind the company and his associates to vote for Mr. Dial from year to year. Indefinitely?and that, too, before they were really stockholders?by a mere conversation had In New York while these negotiations were pend ing, at which time nothing definite had been Axed, or at least c losed? Were not all these statements of Mr. B. I). Riegel colloqula, either as an Induce ment to the trade or honest expres sions of Mr. Rlegel's intentions at the time, but Which never reached the formality of a legal enforcible contract? 1 have examined the tes timony most carefully in an effort to put my hand on either the time and place of the making or the parties who made or the details of a com plete enforcible contract as alleged in the complaint, but have failed to tlnd it. if it was an agreement be tweetl Mr. Dial and Mr. B. D. Riegel as Individuals whereby Mr. Riegel agreed (hat lie and his associates would vote ti> elect Mr. Dial president from year to year Indefinitely, such an agreement would be contrary to public policy and a court could not * tiforce it. "Was the alleged agreement made with the corporation? If so, where and when? Certainly not at the stockholders' meeting when the writ ten contract was ratified. Nu Legal Vellen. "It is true that at this meeting Mr. Riegel and his agent ami attorney staled that it was the intention of the majority stockholders to retain Mr. Dial as president; it is true tin1 old stockholders took it for grnntd this was to be done, but no vote was taken, no motion looking to this end was made, no entry on the minutes, no action of any kind, except remarks made in Bpeeches made at the meet ing: and in none Of these were the details gone into. I can't resist the conclusion that while the old stock holders felt that Mr. Dial was to be retained as president, they made no binding enforcible contract either with him or with Mr. Riegel, that this should be done Indefinitely and at a fixed salary. "Nor do I (lad a legal enforcible contract with the Riegels to take the output of the mill. The most that I can (lud from the testimony Is that Mr. B. D. Ri.'gel represented that they were Interested h> or controlled the Riegel Sack company, which would take the output of the mill?hut I do not find (hat this statement assumed the proportions of a contract between the Ware Shoals Manufacturing com pany and the Riegels or the sack com pany. "in his argument on the insufficien cy of the testimony to establish the alleged verbal contract. Mr. (irler lias so forcibly reviewed and analyzed the testimony thai I do not feel that it Is accessary for me to further fortify my conclusions on this question. "I therefore conclude as matter of law that (he motion to dismiss the case Should he granted, and so re port ," Retail!* ai < <d l Sleel. ''Your only hope," said ihnie doe Mir' suffering from sev< re rectal trouble, lies in an Operation, then I used Dr. Kin ' s New jdfo Pills:- she wldtes, "till wholly cured." They pio\eel Appendicitis, cute Constipa tion. Headache. 2.\e at the 1,aureus Drr.-, Co. and liie I'almettto Drug Co. Work a- if yn i were to live a hun dred years; pray as if you were to die tomorrow. I he Secret f?f Long Lite. A French scientist has d'.sc?vere'l one Secret of lore. life. His method deals With the blood. But long ago millions of Americans had proved Klectrlc Bitters prolongs life and make, it worth living. It purifies, enriches ami vitalizes the blood.' re builds wasted nerve ceils, imparts life and tone to the entire system. It is a godsend to weak, sick and de bilitated people. "Kidney trouble had blighted my life for 'months', writes W. M. Sherman, of dishing. Me., "but KleCtrle Milters cured me entirely." Only 60o at the Laurens Drug Co. and the Palmetto Drug Co. Me civil to nil; serviceable to many; familiar with few; friend to one; en emy to tion ?. Washington Once Cmc I'p lo Ihree doctors; was kept in bed for five weeks. Mlood poison from a spider's bite caused lar^e, deep sores to cover his leg. The doctors failed, (hen "Bucklon'S Arnica Salve com pletely crued me." writes .lohn Wash ington, of Mos<ptAvi!le. Ter. For ec zema, boils, burns and piles It is su preme 'jr,c at the Laurena Drug Co. and the Palmetto Drug Co. . FOR CHILDREN. The safe*t. gentleat, most pleasant ar<d in every way desirable bowel regulator for children, as well aa for adults, are Uexall Orderlies. They arn oaten like candy. They soothe and invigorate the delicate intestine*, making them strong and active. They relievo constipation and overcome the necessity of tho regular use of laxative. If tkey don't do as we claim we will return the price paid us for them. Two sixes, loc. and 25c. laurens Drug Co., Laureus, S. C. Cf)>FKKKl>(i WITH CAPITALISTS. Mr. Cooper, Representing Chamber of Commerce! Goes to Philadelphia. Mr. R. A. Cooper has gone to Phila delphia, where today he has an ap pointment with some capitalists of that city in regard to the proposed trolley line from Laureus to Clinton. Mr. Cooper represents the Laurens chamber of commerce, which has been very active, in conjunction with the Business league of Clinton, in pro moting the scheme, and he is pre pared to present the plans, surveys, etc. It Is understood the Philadelphia firm is interested in southern enter prises of this character and it is be lieved that the Laurens-Clinton pro ject will attract and Induce an in vestment. The fact that these capi talists have already investigated the sit latlon in part through the medium of r.orrespondence which has led up to the conference set for today is re garded as significant. Cholera Infantum Cured. "Something like two years ago my baby, which was then about a year old. was taken seriously ill with chol era infantum, vomiting and purging profusely, writes .1 ,P. Dempsey. of Dunpsev. Ala. I did what I Could lo relievo her but diil no good, and being very much alarmed about her went for a physician hut failed to f*ti?l one. so came back by Elder Bros. & c.irter s store an I Mr. Elder recom mended Chamberlain's Colic. Cholera and Dlarhoea remedy. I procured a hot lb* of it. went home tis quickly as possible und gave the baby a dose of the remedy. I: relieved her in fif teen minutes and soon cured bei- en tirely.". For sale by the Laurens Drug Co. CPS VI. SKTTLKMKNT. Take notice that on the '.'Mil day of August, 190ft, I will render a final ac count of my acts anil doings as Ad ministrator of the estate of I,. S. Aber eromble, deceased, in the office id' the Judge of Probate of I.aureus county, nt II o'clock, a. in., and on the same day will apply for a final discharge from my trust as Administrator All persons indebted to said estate are 11 aided and required to make pay menl on that date: and al' persons having claims against said estate will nresenf them on or before said date, duly proven, or be forever barred. I.. F. Abercrombie, Administrator. .Inly IS. lathV?1 mo. CHARLESTON AND WESTERN CARO LINA RAILROAD. Arrival ami Departure of Trains, Laurens, South Carolina. EFFECTIVE APRIL 1. 1009. WEST BOUND. No. 1. Leave Augusta.10:10 a m No. 1. Leave Laurens. 2::'.2 p m No. 1. Arrive Spartanhurg. . 1:05 pm No. 5. Leave Greenwood.... 6:50a m No. a. Leave Laurens. 7 :.">"> a m No. 5. Arrive Spartanburg. . 9.30 a m No. 55. Leave Greenville.12:20 p m No. 53. Arrive Laurens. 1:45 p m No.#86. Leave Greenville .... 1:30 p m No.*86. Arrive Laurens. 6:25 p m south bound. No. 2. Leave Spartanburg . . . 12:20 p m No. 2. Leave Laurens. 2:32 p m No. 2. Arrive Augusta. 6:15 p in No. 6, Leave Spartanburg ... 5:00 p m No. 6. Leave Laurens. '>::'."> p m No. 6. Arrive Greenwood .... 7:50 p m No.*87. Leave Laurens. 8:10 a m No.'87. Arrive Greenville.... 10:20 a in No, ">2. Leave Laurens. 2:35 p m No. .".2. Arrive Greenville .... 4:0 1 p m Trains *86 and *87 daily except Sunday. Tri-weekly through Pullman Parlor Car service between Augusta and Ashevllle on trains Nos. 1 and '_': North bound. Tuesdays. Sat nr.lays: Southbound Mondays. Wednesdays and Fridays. c. II. GASQI'E, Agent. Laurens, s. c. g. T. Pit van. Gen. Agt., Greenville. S. c. A. w. ANDERSON. Gen. Supt. ERNEST WiLLIAMS. (',. P. A. Augusta, Ga. FINAL SETTLEMENT. Take notice that on the 30th day of August, 1(169, I will render a final ac count of my acts and doings as Ad ministrator of the estate of Bluford Simpson, deceased, in the office of the Judge of Probate of Laurens county, at 11 o'clock, a. in., ami ou the same day will apply for a final discbarge from my trust 33 Administrator. All persons indebted to said estate are notified and required to make pay ment on that date; and all persons having claims against said estate will present them on or before that date, duly proven, or be forever barred. J. S. Winebrenner, Administrator. July 2S, 1909.?1 mo. Nomination Ballot 500 VOTES GREAT POPULARITY CONTEST I Nominate -SC (Only one of these may be cast for a candidate.) mm i 'im tibi? i?\ v-mrrtitrTnifi^^uviam Talk Myopia of the Eye Myoj ii means near sight. When an eye is myopic or near sighted the object looked at does not focus on the nerve, the focus is i'i front of the nerve, the eyeball, therefore is too long. Now, as we cannot change the shape of the eyeball, we put in front of it a concave lens. This kind of a glass has the property of putting the focus back to the nerve. Myopic persons hold reading- close to the eyes, objects at a distance being dim. Vision is certainly the most important of the senses, therefore a word to the wise should suffice. Visit my office and learn more about cor recting imperfect sight. Room 8 and 1 Enterprise B'ld'g. Office days. Friday ami Saturday Dr. F. J. Inman Eye Specialist Laurens, S. C. WANTED To exchange a brand new Adam Schoof Piano, guar anteed for ten years, for a good road Horse; must be young, gentle and sound. For further particulars apply to Dr. F. J. INMAN Eye Specialist Enterprise Hank Building Laurens, South a rolina the Blackstone school For Girls Established In 1994. The aim of the school is clearly a*t forth by It* nr\TTA. "Thorough instruction under poeltirely Christian influences at the lowest WUI 1 yJ. poaflible coat." Tho school was established by tho Mothott;?t '"hurch. not to mnk<? money, bnt to furnish ? plac? where trirla can ho given thorouiih training in body, mind, and heart at a modern to coat. The object haa txvn'O fully carried out that as a DCC1 TI t. f?-day- w'*h ?** facul'v of 32. ita boarding patronage of 800. and ita KLjULI : building nnd grounds, wor h ?140,000 ^ THE LEADING TRAINING SCHOOL FOR GIRLS !N VIRGINIA. pnys all charges for the vctr. including the table board, room, lights, stnam neat, laundry, medical attention, physical cultar?. and tuition in ull *i)lij,!ctn except inn do and elocution. A ;>ply for catalogue mil application blitnk 10 REV. JAMES CANNON. JR.. M. A.. Principal. Blaclutone. V~ $150 W IF .T! IF ,F -V -F ,F !F /V IF -V' * i 1 1 1 * * Fresh Postum, Post toasties (?; Grape nuts, Oat flakes ^ in air tight tin can, 3j Figs, Seedless Raisins, 3? and cleanen Currants, j|i California Lemon cling & and yellow free stone peaches, Canned Peas, 5F Canned Tomatoes, (T) Fresh and domestic 3^ Sardines, Cheese, Bulk and Bottled Pickles J Snow Flake and Pack- ?fi age Crackers, Fresh j^jj Vegetables from the ^ Coast and all the sea- ?i? sonable dainties, qual- ^ ity and prices right. KENNEDY BROS. 1 4? Laurens, S. C. ^ PERSONAL CLEANLINESS cannot preserve your health if you continue to breathe the foul sewer gas e/ery time you go to the bath room. SANITARY PLUMBING is even more important to health than a plentiful use of soap and water. H ive us remodel your bath rcom so that it will be entirely free from the danger that always lurks in old style plumbing. Cost will belittle compared with the benefit derived. DoaK ? McKechnie South Harper Street Phone 292 Laurens, S. C. Returns From Real Estate dependa upon the wisdom shown in buying it. Money can be lost on prop erty as well as made. So when you want to invest consult those who can give you valuable information. Why Risk Loss When Our Advice insures you a profit? We know prop erty values and prospects thoroughly, and will be glad to give you the bene fit of our knowledge and experience in any deal you may contemplate. ANDERSON & BLAKELY. Todd Building Laurens, S. C. We have Good Drug's Goo>! Drugs mean much more than Fresh Drugs he cause it includes high grade as well as freshness. In every respect we claim that our stock is an exce; t onal one. Let us he your druggist Agent for Yours Dodson, Edwards Drug Co. A Word to the Parents of Laurens County Do you desire a liberal education for your boy? If so can you 9end him to a better place than ERSKINE COLLEGE. Due West, S. C. ? You kr.ow the good reputation of Due West. ERSKINE COLLEGE has boon a neighbor to you for more than 70 years. It offers the opportunity for liberal culture at a "reasonable cost. Free tuition in Wylie Home for girls, for illustrated catalogue, J. S. MOT F ATT. Du? West. s. c. ? 5? ?S Misses Drop Stitch f I HOSIERY I The 15c quality this week ]? % at 10c a pair, colors Pink Blue '? gj and White. jj ij Many have taken advan- Ji ig tage in the reduction of summer J? ?2 goods The cut prices will con= I? "2 tinue during this week an oppor= & ?5 tunity to secure a nice dress at ? a small cost at, l W. 0. WILSON & COMPANY \ ?5 Laurens, S. C: 51 Si Littleton Female College One of the most successful and best equipped boarding schools in the South with hot water heat, electric lights and other improvemenLs 2Hth annual session will begin Sept. lf>, 1909, For catalogue address J. M. RHODES. President. Littleton. N. C.