The Laurens advertiser. (Laurens, S.C.) 1885-1973, March 27, 1912, Page PAGE NINE, Image 9
WHY
Don't you insure with
the Southeastern?
It offers the best to be
had in Life Insurance
viz:
Protection ?
Paid Up Values
Large Loan Values
Long Extended Business
A Home Company solic
iting your Insurance.
M. R. WILKES, Agent
Laurens, S. C.
Southeastern Lifo Insurance Co.
Greenville, S. C.
A GROUND HOG
Somewhat Rattled but
Still in the Ring.
It is jet time to son Spring Heard
loss Barle)'. The demand was so treat
hist week that we sold entirelj oat of
seed and temporary disappointed sever
al it our customers. We have another
shipment to arrive (Iiis week to till
your uauis.
Plant your Irish Potatoes novt
.Moon or no Moon have ,ius< received
our fourth shipment and can supplj
j on.
With the funning season getting late
it hchooves you "to do a ho ut." You
need more and heiler piovt stocks
a plovf that will do more and holier
work in a shorter time (linn (he old
fashioned plon slock. "Get a move on I
you" Buy one of our up-to-date
Mount's Plow., Mount's Dais) Wood
Beam or Dixie Belle steel Beam One
Horse Turn Plan cuts a furrow <! US
in. wide, Mounts' True Blue Steel
Beam No. I<?. nits 7 US in., (he Xo.
15 oii(s s in. ami (he No. 'JO cuts s US
in furrows Mounts' True Blue Sleel
Beam Lister or "Middle Breaker" in
three sizes, S in., 10 in? and IS in. Lx
tra points and holts for all.
J. H. SULLIVAN
Laurens, S..C.
Easter
Jewelry
Latest Designs
Finest Quality
AT
William Solomon
RELIABLE JEWELER
WILLIAMS' KIDNEY PILLS
Have you overworked! your nervous svs
4em and caused troublo with your kid
neys and bladder? Hnvo you pains In
loins, aide, back and bladder? Have you
a flabby appearance of the face, and un
dor tbo cveH? A frequent desire to pans
urine? If so, Williams' Kidney ,Plll9 will
cure yo\i?DriiKKlst, l'rlco 00c.
WILLIAMS MFC. CO.. Prop... Clevclund, Ohia
LAUKENS DRUG I <>.
Laurens, S. C
NO TRESPASSING SAYS COURT
Decision as to Cemetery From Darl
ington County- New Trial Was Or
dered.
"It shocks and outrages the feel
ings, and amuses the Indignation of
every right minded person In n Chris
tian country that the resting place of
tho dead should he Interfered with,
and the place set apart for ihi.; pur
pose converted into arable hind,
plowed over and cultivated and wiped
out ami obliterated as a cemetery."
This statement is contained in i de
cision by Associate Justice Watts and
concurred In by all justices of the su
preme court in reversing tin Dar
lington Bounty court In the case of
Ellas Kelly and B. J. Kelly against
John Tiner. The plaintiffs are seek
ing an Injunction to keep Tiner front
trespassing on a cemetery. Judge
I Shlpp sustained a demurrer to I no
complaint. Tho supreme court in its
decision reverses Judge Shipp's rul
ing.
Opinion.
The opinion in the case is as fol
lows:
"This is a suit lor permanent in
junction. His honor. Judge Qhlpp,
sustained the demurrer to ihe com
plaint interposed by the defendants,
and for a proper understanding of the
j case It will be necessary that the
Complaint, demurrer and order of
Judge Shipp and the exceptions bo re
1 ported with the ease. He allowed an
amendment to the complaint on mo
tion of plaintiffs. The exceptions al
lege error In his decision, lie based
his order sustaining the demurrer on
the ground 'the complaint did not
state facts sufficient to constitute a
cause of action, because it appears
upon the face of the complaint that
there is no allegation of peculiar and
special damages sustained by the
plaintiffs which would entitle them to
Injunctivo relief.' Did the complaint
stale a cause of action boforo the
amendment or afterwards? \Vo think
so. The plaintiffs allege that they are
grandsons and heirs at law of Jacob
Kelly, and they allege that Jacob
Kelly, during his life time set apart
and dedicated for the use of the pub
lic two acres of land as a graveyard
for the burial of the dead, and that
it has been used as such for NO or 90
years, and during all that time known
as the 'Kelly cemetery,' and during
thai time parties having dead buried
there have kept up the graves by
cleaning off the same and by fencing
the same. That Ihe right to use this
property as a graveyard has never
been questioned for over f>0 years.
That the plaintiffs' parents. grnnd
parents, gront-grnndpnrenta and other
kindred are buried there and < nch of
the plaintiffs have children buried
there, and expect to he burled there
themselves, and their descendants x
pect to he buried there. That the
defendant is trespassing upon and de
stroying the wire, shrubbery, trees,
etc.. and making it until for the pur
pose it was set apart and psod for,
and intends to continue his deprada
tlons until the graveyard is made a
cotton patch. We think the plaintiffs
allege sulllclency peculiar and special
damages to entitle them to Injunction.
They allege that they have kindred
buried thero, children, parents and
other ancestors. The allegations show
they are interested in the graveyard
as a whole and particularly in the
plat where their dead lie.
"I do not know of anything that
' would disturl> anil arouse the feedings
of a properly constituted person more
than the intentionl trespass and vio
lation of the graves of their dead. It
shocks and outrages the feelings, ami
arouses the indignation of every right
minded person in a Christian country,
that the resting place of the dead
should be interfered with. and the
place set apart for this purpose con
verted into arable land, plowed over
and cultivated and wiped out and ob
literated as a cemetery. I not only
think when a graveyard is set apart
for tho use of the public that those
who have Kindred buried there can
maintain a suit for any unlawful In
terferences and trespass, hill I ;hi.il<
any one who has mend buried there
can Inlorfcr and allege peculiar and
special damages. These plaintiffs coin*
plain on behalf of themselves and on
the behalf of tlx1 public in general,
who have dead buried there. Where
it is Impractical to bring all the parlies
before the court, by reason of num
bers, one or more can complain on
behalf of themselves and such others
as may come in. Judge Shipp based
his der ision on the principles laid
down in Steamboat Co. vs. Railroad
Co., 10 s. c. page 827; Thront I vs.
Mining Co., i'.i S. ('. page 131; Unit
7.0gor vs. Kail road Co., 54 3. C, page
242, and other caes affirming that
principle An examination of these
authorities will show that where the
public generally sustains injury, that
the party complalmng must show
some special or peculiar damage to
himself.
"Ill the case at bar the paintiffs
show this. They complain that their
dead burled In n graveyard, set apart
for that purpose for over 80 years,
are being disturbed and their rights
invaded by an unlawful attempt on
the part of the dofendent to take pos
session of the land occupied by their
<lcad. and to tear down and eradicate
all evidenco of their resting place,
and to plant tho lands In crops. Not
only to disturb their dead, but the
dead of othors burled in the same
graveyard. The very thought of the
unlawful Intermeddling with the rest
ing place of the dead Is abhrooent to
the feelings of any one and this, In
I my opinion, Is sufficient to show spe
cial and peculiar damnges to the
I plaintiffs. The law and Christianity
devolve upon persons the duty to put
away their dead, and gives them the
right to protect the resting place of
their dead from the wnnton and wil
ful depredations of strangers. 'If
one has been permitted to hurry his
dead In a cemetery by the express or
Implied consent of those In proper
control of it. he acquire such pos
session in the spot of ground In which
the bodies are hurled, as will entitle
him to maintain an action of trespass
I "oflare clausuni fregit" against the
owners of the fee or strangers, who
withotu his coasent. negligently or
wantonly disturb it.' Davidson vb.
Reed, 53 Aincriean Reports, Gl3. in
the same ease we find: 'One who lias
dedicated land to the public for burial
purposes, the dedication having been
nccoptcd, may be prohibited from
defacing or meddling with the graves
thereon, at the suit of any one having
relatives or friends burled there.'
in the case of Davidson vs Reed, r.i;
American Reports, page 32, we find,
'thai the public accepted and used
the land for the purpose for which
it was designated by the owner is
also beyond dispute. It has been
suggested that the bill can not be
maintained in the name of the two
complainants. The complainants were
residents of the neighborhood; they
bad friends hurled in the burying
ground and were thus interested in
preserving, for themselves and the
public, the burying ground s it had
been established, and we are of the
opinion that they had the right to sue
in behalf of themselves and others
having a like interest. The bill was
brought In, and In our judgment, prop
erly, for the protection of the rights
of the eople in that particular local
ity, and we perceive no reason why
it may not be maintained In the names
of a part for the benefit of all, as
well as if all directly interested had
joined in the bill.'
"In the case at bar the plaintiffs
have a general interest as citizens of
the community In which the cemetery
is located, and have a special and pe
culiar Interest because their parents,
children and grandparents are. buried
there. We think the circuit judge was
clearly in error. The other point in
volved here is decided In ex parte
McColl, 68 S. ('., page 489.
"The judgment of the circuit court
is reversed.
"We concur: Rugene B. Gary, C.
J.; C A. Woods. A. J.; D. 13. II yd rick,
A, J.l T. B, Frascr. A. J."
THINK THIS OY EH.
This Offer should (tain the Confidence
of the Most Skeptical.
We pay for all the medicine used
during the trial, if our remedy fails
to completely relieve you of constipa
tion. We lake all the risk. You are
not obligated to us In any way what
ever, if you accept our offer, That's
a mighty broad statement, but wo mean
every word of it. Could anything be
more fair for you?
A most scientific, common-sonse
treatment is Rexall Orderlies, which
are eaten like candy. Their active
principle is a recent scientific dis
covery that is odorless, colorless, and
tasteless; very pronounced, gentle, and
pleasant i" action, and particularly
agreeable in every way. This Ingre
dient does not cause diarrhoea, nau
sea. Ilntulencc, gripping, or other in
convenience. Kexall Orderlies are
particularly good for children, aged
ai. i delicate persons.
Ii' you Buffer from chronic of habit
ual constipation, or the associate or
dependent chronic ailments, we urge
you to try Itoxnll Orderlies at our
risk. Remember, you can gel them
In Laurens only at our store. 12 tab
lets. 10 cents; 3ti tablets, 2.~> cents: So
tablets. :>n cents. Sold only at our
store The Rexoll Store. The Laurens
Drug Co., 103 Main si reel.
Iteunlon of Survivors.
The annual reunion of the surviv
ors of Companies "O" (I.aureus
Briars) 3rd S. C. Regiment; "E" 14th
s. c. Regiment and "IS" 3rd s. C. Bat
talion, will be held at the Cray Court
Owlngs Institute on Saturday April
20th, next.
On account of the unveiling of the
monument to the women of the Con
federacy in Columbia on April 11th,
this change from our usual time of
meeting which would be on the 13th,
Is thought necessary. .
In twenty-seven years, neither In
clemonl weather, delay In farm work
nor any other excuse or hindrance
has kept up from meeting. Come.
J. 1). Mock,
Mel Fleming,
w. w. Grumbles.
TO BKEAK IT (OLD.
Some Advlee Thai Will SlIVC Time
ami Money.
Strong drink.-; and quinine may re
lieve a cold, but it usually docs more
harm than good.
To bcrnk up a hard cold In either
head or ? liest thousands are using this
sensible teratmeiit.
Plrsl o!' nil look after your bowels:
if tlicy need attention USO any relia
ble cathartic. Then pour a scant tea
spoonful of MYOM 101 Into a bowl of
boiling water, cover head and bowl
With a towel and breathe for ;". or
10minutes the pleasant, soothing, heal
ing vapor.
Do this Jut before going to bed;
your head will feel line and Clear and
you'll awake from a refreshing Bleep
minus a cold in the morning.
For solds, coughs, catarrh, asthma
and croup HYOMB1 is guaranteed. \
fifty cent bottle is all yo need lo
break up a cold and this can be ob
tained at Laurens Drug Co. and drug
gists everywhere.
TREASURY DEPARTMENT, Office
of the Supervising Architect. Washing
ton. 1). ('., March 14, 1S12. Scaled
Proposals will be received In this of
fice until 3 o'clock, p. m. on the 25th
dny of April, 1912, and then opened,
for the construction, complete (Includ
ing plumbing, gas piping, heating np
nrntus, electric conduits and wiring,
and Interior lighting fixtures) of the
United States post omoke at Laurens.
S. C. The building is to have a ground
area approximate 4,f?00 feet; two
stories and basement, faced with stone
and brick nnd the first floor of fire
proof construction. Drawings and
specifications may be obtained from
the custodian of site at Laurens, S.
<"., or at this office, at the discretion
of the Supervising Architect. ,Tame
Knox Taylor, Supervising Architect.
fBucklen*s Arnica Salve
The Best Salve In The Wortd.
ROYSTER FERTILIZER
HITS THE SPOT EMERY TIME I I
The explanation is simple; they are
madeirilh the greatest care and
every ingredient has to pass the
test of our own laboratories;
theresnoliiiorrniss'abou t?oyster
Fertilizers.
Sold J3y Reliable Dealers Everywhere
F.S.ROYSTER GUANO CO.
Sales Offices
Norfolk Va. Tarboro N C. Columbia S C.
Baltimore Md. MontgomeryTila. Spartanbur^^C.
MacoriGa. Columbus 6a.
CURED IN 30 MINUTES WITH
PAR-A-SIT-I-CI1JE
PIMPLES
?5*^ Cnrod <i?irklv. Take no MiSstitulr.
60c by mail or express from Maaf.,
Dr. L. J. Sharp & Co.. Commerce, Ga.,
or 50 from druffffltts.
LAURENS DRUG CO.
Laurens, S. ('.
Dr. T. L. Timmerman
Dentist
People's Bank Building
Phone 8S2.
Laurens, S. C.
FIXAL SETTLEMENT.
Take noltCO that on the L'tith day of
April, wo will rentiert! a final ac
count of our acts and tloltlga as 1.x
ccutors of the ostato of .1. Koss Dorroh
Deceased in the oillco of the .Indue <if
Probate of Lnurons county, at i; o'
clock, a. in., and on the same day will
apply for a final discharge from our
trust as Administrators,
Any 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
presi nt them on or before said date,
duly proven or be fu'eyer burred.
s. IT. Dorroh,
.1. 13. Owlngs,
Adtnluisl rntors.
March 20, 1 fl 12. - 1 mo.
FINAL SETTLEMENT.
Take notice thai (in tho IGtlt day of
April, I will rondor n final account
of my acts and doings as Admin
istrator of the estate of T. It. Simpson,
deceased, in tho office of tho Judge <>f
Prohatc of Laurons county, at i! o'
clock, a. in., and on tho Bniuo day will
apply for a final discharge from my
trust as Administrator.
Any persona Indohtod to said estate
arc notified and required to make pa>
monl on that date; and -ill persons
having claims against said estate will
present them on or before said dato
duly proven, or he forever barred.
I). It. Simpson.
AdmlnMI tutor.
March 1.1. 1912. I Mo.
NOTICE.
lOxocUtors, Administrators. Trustees
and Guardians are reminded that the
period for Illing their annual returns
commences on the first day of Janu
ary every year.
(). G. Thompson,
NOV. 21), 1911.?tf. Judge of Probate.
THE OLD
RELIABLE
The Ford Motor Company have the financial strengt h to build 75,000
cars without borrowing a dollar. They will pay spot cash, take advantage of
every discount and hence have the market of supplies a*, their command,
Think of the force for low prices which the buyer commands when he goes in
to the market for ;>00,()0() wheels, 300,000 tires, 375, 000 lamps, 75,000 speed
ometers?all of the same stylo, the same model- and tens of thousands of tons
steel. When the seller knows he is going to get spot cash, ho does business
on a mighty fine profit.
This all around manufacturing efliciency possessd by the Ford Motor
Company assures the highest standard of quality with the lowest standard of
price. There is no occasion to lower quality, and every opportunity to lower
price.
THE SERVICE
You want, the attention and experience on that
job of Auto Repairing.
Full value for every dollar it costs you in pains
takingly accurate work and adjustments?replace
ments.
Have us "tune up" your machine for another
season's service-get our bid to-day
W. P. HUDGENS
LAURENS,
SOUTH CAROLINA