Historical Newspapers of South Carolina

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LOCAL MEN LOSE WARE SHOALS CASE Supreme Court Upholds Decision Re port of Special Referee nnd Decides for the Illegals. Affirming the dismissal of the com plaint involving $100,000 alleged to be due minority stockholders, the su lireme court Saturday, In a decision by Chief Justice Jones, decided the well known case concerning the Ware Shoals Manufacturing company. Sev- I oral years ago the minority stockhold- | ei s, alleging wrongful acts on the | part of majority stockholders, filed a complaint asking for $100,000 dam ages. By consent of all concerned all of the issues of law and fact were submitted for determination to a ref eree. After taking all testimony the referee made his report. He recom mended the granting of the motion for the dismissal of this complaint This recommendation was upheld by the circuit court of Greenwood County, and the case was accordingly appeal ed to the supreme court. The case was that of J. O. C. Flem ing. .1. T. Johnson. N. D. Dial. W. I.. Gray. H. K. Alken, W. If. Hudgens and J. H. Wharton. citizens of Laurens county and minority stockholders, against Benjamin Riegel, George Riegel, Howard Riegel, B. i). Riegel, John S. Riegel, o.lhn R. DeWitt. E. W. Sparks and the Ware Shoals Manufacturing company, said to be t majority stockholders, defendants. Amount InvolTed. Prom the petition It appears that on June 30, 1!?<?:?, the plaintiffs were stockholders In th'e Ware Shoals Manufacturing company, a corpora tion organized with N. B. Dial as pres ident and treasurer, having a capital stock of $500,000, of which about j $255,000 had been subscribed, about j $216,000 had been paid in cash and propery. and shares of stock, to the amount last named, had been issued to and held by the various shareholders. On the last day mentioned an agree ment was entered Into between the defendant. B. D. Riegel, and the de fendant Ware Shoals Manufacturing company, by which it was stipulated that the former would take and pay for the unsold portion of the capital stock, amounting In par value to $286,000 upon the condition that such subscription would not be binding, until and unless at the next annual meeting of the stockholders, the num ber of the directors should be fixed at nine, and that B. D. Riegel should be permitted to name five of them, and an agreement to this effect made In writing between N. B. Dial and D. ?. Riegel by which the said N. D. Dial should procure the ratification of this agreement at the annual meeting of the stockholders, and that N. D. Dial would sell at par to B. D. Riegel suf ficient stock in the corporation to make up the total amount of $2">fj. 000 of stock thereof. In case the cor poration would be unable to sell him stock to that amount at least. Office <>i* President, "The written agreement in ques tion contains no other provision hav ing any bearing upon the issues of the cause, there being no reference there in to filling the office of president oth er than such as is contained in the provision last above stated," says the! opinion. The provision that at the j annual meeting of the stockholder a board of nine directors should be 1 elected to control the affairs of the ! company and elect the president and fix his salary. This agreement was carried out at j the annual meeting of the stockhold- , ers on July 22, t906, and thereafter B, l). Riegel and his codefondnnts became the owners of the majority of the stock. In the opinion it is stated that six of the Individual de fendants in this action were on the board of directors, and at the animal meeting of the stockholders in 1".mi<; the directors were all reelected. Dur ing the year 1005 and 1006 N. B. Dial served as president of the com pany at a salary of $3,000, although there appears in the record, accord ing to the Opinion, no resolutions en actions or other official actions by (he directors fixing the salary of the pres ident. At the meeting of the stock holders on July 12, H'07. N. B. Dial was reelected president but at a salary of $1,200 per year. Mr. Dial refused fo accept the salary, and the board refusing to give him $2,r,00 he resigned, and a new president was elected to serve with out salary. Mr. Dial contended that there was an oral agreement as to the salary of $3.000 so long as he per formed the duties of the office satis factorily.?The State. There Is little danger from a cold or i fiom an attack of the grip except when followed by pneumonia, and that nev-' er happens when Chamberlain's Cough Remedy is used. This remedy has won Its great reputation and exten-1 elve sale by Its remarkable euros of colds and grip and can be relied upon with implicit confidence. For sale by all dealers. Visit our Fancy China Department, you will find Just what you want for Christmas, and will save at least one-third in price. S. M. & E. II. Wllkes & Co. DEATH OF MKS. GODDARD. Native of Lauren* County Passes Away at Coronaca After a Lingering III ness. Special to Laurens AdvertIser: Coronaca, Nov. 25.?Our little town was deeply saddened by the death of our beloved friend and neighbor. Mrs. Jno. 10. Goddard, who breathed her last ut 12:30 p. m. Saturday, the 18th. at the age of a little over 72 years. Mrs. Goddard had been sick for the past three weeks. All that tender hands, loving friends with skilled phy sicians and a trained nurse could do! for her were of no avail. She passed Into the beyond as If Into a peaceful slumber. Our dear friend leaves a beart-bttoken husband and five chil dren to mourn her departure. Her children are Dr. w. E. Goddard of Donalds. S ('.. Mr. .lames Goddard of St. Charles, s. c. Mrs. J. H. Thacker of Culberth, Ga., Mrs. Monroe of Lat ta. S. C, ami Mrs. \V. G. Rice of this place, besides two sons who have pre ceded her. To say that Aunt Jennie (as site was called) will be greatly missed, but feebly expresses the esteem in which she was held by all. She was a de voted wife, loving mother and a true friend to nil that were so fortunate as to know her. She was a devout Christian and a loyal member of the Methodist church. Mrs. Goddard. who was a Miss Casey was born in Laurens County ami spent the greater portion of her life there, only having moved to our little town a few years ago. She was married twice, her first husband being Henry Fuller, who was killed in the war be tween the sections. There were no children to this union. Several years after his death she married Jno. B. Goddard. 1 know her many friends of Laurens County will be pained to , learn of her death. Mrs. Goddard was noted for her attention and help \ to those sick or in distress, always ready and willing to administer to their wants. My dear old friend, thou hast been faithful to thy Master in this world. We know a loving rest awaits thee. Peace be to thine ashes. M. G. B. Coronaca. November 2."., 1911. COLDS VANISH. Quick Sensible Method That Doesn't Upset the Stomach. Have you heard of the overnight cold cure that Is ptting colds in the head and chest out of business be- j tween sunset and daybreak. Here It Is. Cut It out and save It if you don't need it now. If you have a cold, cough, throat soreness or acute catarrh, be sure and try It tonight just before going to bed. Pour a scant teaspoonful of HYOMBI (pronounce It High-o-me) Into a bowl with a towel and breatbjC for several minutes the vapor that' arises, then go to sleep and awake with a clear head free from mucus. HYOMEI is guaranteed for catarrh, colds, coughs, croup, asthma, sore throat and bronchitis, or money back. Pottle of Hyomel 60 cents at Laurens Drug Co. and druggists everywhere. SPREAD THE PAYMENTS. Willlamsburg Farmers Union Recom mends that Farmers Have Their Notes Made Payable in Februar?. At the recent meeting of Williams burg Cpunty Farmers' Union the fol lowing resolution was adopted: Whereas notes for the payment of fertilizers becoming dtie and payable in October and November have a ten dency to reduce the price of cotton, therefore: Resolved, That the members of the Farmers' I'nion and all other farmers buying fertilizers have their notes made payable February 1st instead of in October and November, as they are now. Resolved, That each County I'nion and each Local I'nion be requested to appoint a committee of three to con fer with the business men and dealers and ask them to co-operate with the farmers in this matter. This shows that the Snmter meet ing was timely. Let the Unions till over the State express themselves on this subject and at least take noth ing less than the Sumter plan calls for. This resolution Is being sent from' the state Secretary's ofllce to each County I'nion and also to the Local Unions in the State. K. W. Dabbs, President S. C. State Farmers' Union. Deafness Cannot b) Cured, by local applications, as they cannot reach the diseased portion of the ear. j There is only one way to cure deaf- , ness and that Is by constitutional rem- i edles. Deafness is cnused by an In-! flamed condition of tho mucotis lining ! of the Eustachian Tube. When this tube Is inunrned you have a rumbling sound or Imperfect hearing and when It is entirely closed Deafness is the! result, and unless the inflammation ] can be taken out and this tube restor- 1 ed to its normal condition, hearing will be do? .-oyed forever; nine cases out of ten are caused by Catarrh, which is nothing but an Inflamed con dition of the mucous surfaces. We will give One Hundred Dollars for any case of Deafness (caused by catarrh) that cannot be cured by Halls Catarrh Cure. Send for circulars, free. F. .f. Cheney & Co., Toledo. O. Sold by druggists. 7".c. Take Hall's Family Pills for con stipation. SEASONABLE GOODS CopTtiibl 1909. br C. E. Zimmerman Co.?No. 69 A NY season and any time you will find our store resplendantwith Seasonable Goods. Always a sufficient stock of Dependable Merchandise to take care of every need. Goods always seasonable We are Offering Special Bargains in the Following Lines: FOR THE LADIES! Unequal line of fine Shoes. Fine fitting, warm Underwear. Hosiery, to suit every fancy. Srk Petticoats, all colors. Black Underskirts 50c to $1.50. FOR THE MEN! The best men's Shoe made. Nobby Hats in all shapes. Good warm winter sox. Pretty Ties in snappy colors. Underwear for cwWl weather. Christmas is drawing near. Prepare now for the little things that you will need in making your Christmas Presents. The Busy Corner We have them. I-L TERRY Laurens, S. C. Agents tor Buttrick Patterns and American Beauty Corsets NEARLY FIFTEEN' MILLION. New Orlean Paper Places that Esti mate on Cotton Crop for This Year. Based on Correspondent's Reports. New ?rleans, Nov. 26.?Final es timates on the cotton crop of 1911 received by the New Orleans Times Democrat from its correspondents throughout the cotton belt give the total of 14,835,000 bales exclusive of linterS repacks and similar additions. The concensus of opinion indicates the following result: Alabama, 1,500,000; Arkansas and Missouri, 950,000; Georgia and Florida. 2,650,000; Louisiana. 375,000; Missis sippi. 1,150.000; Oklahoma, 060.000; North Carolina and Virginia, 1,000, 000, South Carolina. 1,500,000; Ten nessee and Kentucky. 450,000; Texas and California,4,300,000. Total 14, 835,000. CHILDREN INJURED. Ordinary Cathartics ami Pills and llarsli Physic Cause Distressing Complaints. You cannot be over-careful in the selection of medicine for Children. Only the very gentlest bowel medicine should ever be given, except in emer gency cases. Ordinary pills, cathar tics and purgatives are apt to do more barm than good. They may cause griping, nausea and other distressing after-effects that are frequently health-destroying. Wo personally recommend and guar antee Rexall Orderlies as the safest and most dependable remedy, which we know, for constipation and asso ciate bowel disorders. We have . ueh absolute faith in the virtues of this remedy that we sell it on our guar antee of money back in every instance where it fails to give entire satisfac tion, and we urge all in need of such medicine to try it at our risk. Rexall Orderlies are eaten just like candy, are particularly prompt and agreeable in action, may be taken at any time, day or night; do not cause diarrhoea, nausea, griping, excessive looseness, or other undesirable ef fects. They have a very mild but po sitive action upon the organs with which they come in contact, apparent ly acting as a regulative tonic upon the relaxed muscular coat of the bow el, thus over coming weakness, and aiding to restore the bowels to more vigorous and health activity. Rexall Orderlies commonly com pletely relieve constipation, except of course when of a surgical character. They also tend to overcome the nec essity of constantly taking laxatives to keep the bowels In normal condi tion. Three sizes of packages, 10 cents, 25 cents, and 50 cents. Remem ber, you can obtain Rexall Remedies in Laurens only at ottr store.?The Rexnll Store. The Laurens Drug Co., 108 Main street. Farm Land Buyers see ad of "Ben bam" Tract of estate .f. C. Wlotora at auction next Salesday. 4 Sale of Farm Land Under and by virtue of the power of sale in me vested by the last will and testament of the late John C. Wieters, deceased, Probated before and of record in the Probate Court for Charleston County, South Carolina, for division of his estate, I will offer Jor sale at public auction before the Laurens County (S. C.,) Court House door, Laurens, S. C, between the legal hours of sale, on Monday, December Ith, 1911, that valuable cotton and grain farm, known as "Benham" place, on Burnt Mill Creeh, near said Laurens Court House, containing about 646yA acres, as is shown by plat of John M. Hudgens, surveyor, 6th of January, 1888, (which may be seen at Palmetto Bank, Laurens, S. C, and will be exhibited at Ihr auction.) subject however to a certain Dower life-interest in 201 '.? acres, thereof set off to Mrs. 0. L. Irby, as will appear by proceedings therefor in the Probate Court for said Laurens County and the plat thereof by said surveyor 27th of October 1896, filed with such proceedings. Terms: One-third cash, balance secured by bond of the purchaser and mort gage of the premises sold, credit portion bearing interest from the day of sale at the rate of seven per cent, per annum, payable scmi-annuully, and to be payable in three equal successive annual instalments from the day of sale. Mortgage to con tain usual provisions for payment of Counsel fees, and that whole debt becomes due on any default in the payment of taxes, interest or principal as the same becomes payable. Purc'uaser to pay all taxes, payable after 1911, and seller's attorney $10.00 for title and may pay all cash. EXECUTOR'S JOHN D. CA PP ELM AN Attorney 46 Broad St., Charleston, S. C. E. F. WIETERS ExeCiUor Will ./. C. Wieters.