The Newberry herald and news. (Newberry, S.C.) 1884-1903, October 10, 1894, Image 2
ELEE.T R ALL, Proprietam
W3L P. HOOSEAi., f rpit~
ELBE,T-H. AHLT. EDITOP.
CONSTITUTIONAL.
Justice Gary, of the Supreme Court,
came to Newberry on Sunday and bad
a consultation with Justice Pope of the
sam'e court and on Monday afternoon
his written decision )n the dispensary
act of 1893 was sent by express to the
clerk of the court at Columbia. He
and Justice Pope concur in the opin
ion that the act of 1893 is constitutional.
Justice Mclver dissents and holds to
the same views asexpressed by him in a
former opinion. The two opinions
were printed in the daily papers yes
terday. We present synopses of both
in another column. The majority
of the Court holding the view that the
law is constitutional, the former opin
_--iorof the-G2vurt is annulld and the
law now stands. Gov. Tillman was
correct In his judgment as to what were
the .iews of Justice Gary on this point.
We suppose he knew what he was talk
ing about and what he was doing when
Justice Gary was elected. We suppose
now that renewed efforts will be put
forth to have the law enforced. We
trust that it will be done in such a
manner and in such spirit as will cause
as little friction as possible,J and tbuc
avert riot and bloodshed.
Justice Gary, in delivering the opin
ion of the majority of the Court, lays
down the following propositionses em
bodying the principles governing the
case:
".st. That liquor in its nature is dan
gerous to the morals, good order, health
and safety of the people, and is not to be
placed on the same footing with the ordi
nary commodities of life, such as corn,
wheat, cotton, tobacco, potatoes, etc.
"2nd. That the State, under its police
can itself assume-ntire control and
managenien-ef these subjects, such a.
liquor, that are dangerous to the peace
good order, health, and morals and wel
fare of the people, even when trade is onc
of the instruments of such entire control
and management on the part of the State.
"3d. Tnat the Act of 1993 i a polic(
measure."
Granting that the first proposition i.
true and correct, and that, therefore
the State has the right to take charg(
of whiskey because it is dangerous t<
the good morals of the country, doe!
that mean that she shall sell it t<
everybody and in sufficient quantitie
to keep all the people drunk; and i
this is done, how is the danger to th
good morals averted by the State sell
iag it instead of the individual ? I
cannot be denied that the dispositiot
of the administration under the law i.
to establish as many dispensaries a.
possible and to sell all the whiske3
that can be sold. In many cases t1A
nensaries are established against the
will of the majority of the citizens
and in most of 'them, at least, every
-body can buy whiskey who has th<
money to pay for it. We cannot set
how this plan of taking the sale out c
the hand of the individual and putting
it in theZhands of the State, througl
-its agents, will help the good morals o:
be conducive to the peace and healtl
and safety of the people. Now if thes<
are the objects in view with the law,i
seems to us that the effort should b<
on the part of the State to sell just a
little whiskey as possible; or, in othe:
words, to sell it only for medicinal an<
mianufacturing purposes. But instea<
of an effort to reduce the sale, the effor
is made to sell as much as possible ii
order that revenue may go into th'
State treasury.
The dispensary has some good feat
ure, among which are the early closing
and not selling in small drinks an<
doing away with the allurements an<
attractions of the bar room. But to sa;
that whiskey is an enemy to the publi'
safety and then in the next breath ti
say that the State can sell as much a
it pleases and to whom it pleases nni
that whoever wants it and has th
money can get all he wants has n<
logic or reason in it. If whiskey is al
enemy to the public safety and dangE
rous to the morals of the people it is a
*much so whether sold by the individu
al or the State. But the Suprem
Court has decided that the law is Con
stitutional and as a-law abiding citizel
-we advise everybody to bow to the wil
of the Court and obey the law. Tb
best way to get rid of a bad law is t
have it esforced and if the people d
not like it they will soon demand it
removal from the statute books.
AL3IOST A BIOT.
There was almost a i iot in Greenvil]
* on Monday growing out of an effortc
a State constable to search a privat
residence. There will continue to b
* trouble in South CarolIna as long a
this law remains on the Statute book:
Free white American citizens an
South Carolinians are not going to pe
mit their homes to be invaded an
-searched at the pleasure of disper sar
constables. There is nothing sai
about this man using his residence as
place at which he sold whiskey. Hi
wife was not well, and even the phys
cian stood at the gate and forbade th
entrance of the constable becausec
the condition of the wife of Mr. Edel
Gov. Tillman threatens to hav
Sheriff Gilreath removed because b
would not make the search in compan
with the constable. The decision
the Supreme Court will now have th
effect of making more trouble.
Bloodshed was averted at Greenville
We hope it will be a warning. At Dal
lington when there were threatsi<
searching private *iouses there we
bloodshed, and it will be every tim
the effort is made to enter the sanctit
of the home. This thing of a man
home lbeing his castle may be all sent
meet, but it is a sentiment for which
man will die, and how could he di
nobler than in the defense of his hom
and those who loo1k to him for prote<
tion. It is a sentimner t which has bee
instilled from our earliest infanc3
We imbibed it at the mother's breas
and it has become part of our nature
This provision of the law hadi Sc not 'c
too rigidly enforced unless it is de'sire
to have bloodshed and involve th~
State in civil war. We believe in et
forcing the law, but the constables wi
find plenty to do without invadin
priva'.e homes, especially when th
physicians.say the life of the woma
NO IALICE AFTERTHOUGHT.
The Herald and News hd no inten
tion nor desire to misrEpresent the
esteemed Voice. We bear neither it
nor any of its stockholdeti any ill-will.
We bad been inform that the three
gentlemen named we among its larg
est stockholders and -e naturally sup
posed that even ,ommon gratitude
would make it feel ffn interest in its own
and its chief founers. If we were mis
taken we beg pardon.
The Herald and News was founded
in 1365 and traces its progenitors to the
first paper founded in Newberry County
-away back in tle fifties. Of our age we
are proud and if with years we have
not gained wisdom we have at least
accumulated a store-house of experi
ence. We hope it will not be consid
ered a repr'ach to have grown old in
the servic'of the people of our native
county. fWe have devoted our best
energpIand all the talents with which
wi-re endowed to the promotion of the
happiness and prosperity of the people
of our native county. Many times we
have been made to feel that our labors
weie in vain and that ourservices were
not appreciated. Then again we have
had many words of encouragement and
cheer and the people have stood by us
and they shall continue to have our best
efforts. We are extremely grateful for
this support and shall labor to merit
their favors.
From out our store-house of experi
ence and observation we would say to
the esteemed Voice that it will find
politicians very hard task masters and
'possessed of no gratitude. The Herald
and News has never espoused the cause
of any man who has sought office with
in the county and it never expects to.
We do not represent any faction but
shall continue to look out for the best
interests of the whole people, and try
to publish a paper that is a fair and
impartial purveyor of the news, advocat
ing those principles that in our judg
ment will redound to the best interests
of all the people. This nugget of experi
ence is given the esteemed Voice for
what it is worth, and we make no
charge for it. Remember that in 1893
the editor of the Voice, when he was
editor of a paper at Prosperity. urged
the people to "remember the 29th."
We took his advice then, and while
The Herald and News had no candi
date we were satisfied with the result.
In the recent primary The Herald and
News had no candidates, but we would
not be surprised if its editor was success
ful in electing as many of the men he
voted for in the county election as was
the editor of the Voice.
The Herald and News would have
I the esteemed Voice to remember that
The Herald and News is too old to
entertain any feelings of jealousy and
envy and that we have only the kind
liest feelings for it. As we have before
remarked this is supposed to be a
free country and if any aggregation of
men desire to plant their money in a
newspaper venture we have no quar
rel with them. As a parting admooi
tion we would say to the esteeme
Voice to console its soul in patience.
A TRAFFIC IN VOTES.
The,jHerald and News does not en
Sjoy the pleasure of reading the Pied
mont Headlight, but now and then we
see chunks of wisdom and so forth
Sfrom its columns copied by some of omi
exchanges. It will be remembered
that the editor of this paper is Col. T.
Larry Gantt, who was brought to
South Carolina because of his peculiar
fitness as a champion of reform. For a
while he presided over the destinies of
te Columbia Register. Later he es
tablished the Headligt't at Spartan'
burg. He was a delegate to the late
State convention. Many of his pet
Ischemes and his favorites were lost in
Sthe scuffle. From some extracts from
Shis paper that have come under our
vision.we would judge that he was
somewhat diegusted with the way
Sthings went. Not so much because his
esense of justice was outraged, but
Srater because he met defeat on several
occasious. He say's the convention
was "turned into a regular mart for
strading and trafficing in votes." No
-doubt there is much truth in tbis
charge, and it is also very probably
-true that many of the leaders in this
sort of business got left themselves.
1We were laboring under the impression
ethat one of thbe prime purposes of the
Reform movement was to get a full
oand free expression of the choice of the
speople. For the delegates to turn the
convention into a "mart for trading
and trafficing in votes," does not look
much like getting a full and free ex
pression of the will of the people. Pos
esibly we have been laboring under a
delusion. Hear what Col. Gantt says
efurther on the subject:
"The will of the individual delegate
ewas stifled, and the man who t'ad the
Smost votes to swap was the cock of the
m.political walk. Friends of the rival
Scandidates would go from delegation
to delegation, while the convention
Iwas in session, with propositions to
Clswap votes. NQ enquiry was made as
yto the fitness of the candidates, but the
donly requisite was how many votes he
ahad to trade on. And this business did
not stop here, but the subordinate
Splaces within the gift of the several
I-heads of departments were peddled out
elikecountry produce, and sold in ad
vance for votes, so we are reliably in
formed.
"It was with indignation that we saw
eour great Reform movement thus de
ebased and prostituted to satiate the
gred of office-seekers."
The Post, an afternoon paper, has
ebeen started in Charleston. It is owned
by ajoint stock company and will be
~edited Mr. Hartwell M. Ayer, recently
of the Florence Times. There is a
' good field in Charleston for a progress
Sive and bright afternoon daily. We
ehope Mr. Ayer will be able to cultivate
Ythis field. He is bright and energetic
Sand young and has experience. We
see no reason why he should not
asucceed. We wish the new enterprise
esuc~ess, and shall be glad to welcome
ethe Post among our exchanges, though
as yet we have received only one copy.
We have received the first number
;tof a new paper at B3atesburg, John
~.Lake, editor. It has the odd name,
e"This Way," and proposes to be partly
dreligious, partly educational and partly
elocal. The first number is well gotten
up, newsy and reflects credit on our
IIyoung friend Lake. We wish his eu
gterprise success and the people of Bates
eburg will do well to sustain this paper
nby a liberal support. It will pay them
THE NEWBERR_
MR. JUSTICE BENET ON CONSTITU
TIONS.
According to Judge W. C. Benet,
whose charge to the grand jury at
Columnbiaweipublish in anothercoluwn,
there is no need of a constitutional
convention, nor for that matter a con
stitution. Really according to his opin
ion we see very little use of a court. We
have been taught to believe that it was
the duty of the Supreme Court to inter.
pret and construe statutes 1ind constitu
tions, and if a statute was in conflict
with the provisions of tLe constitution
that it was the duty of the Court
to say so, and that this particular
statute would be null and void, but
according to Mr. Benet this power "is
neither inherent in the Courts them
selves nor was it conferred npon them
by the constitutions which created
them." On this point Mr. Justice
Story, who has been considered until
the advent of Mr. Justice Benet, an
authority on constitutional law, ssys:
"The power of interpreting the laws
necessarily involves the power to decide
whether they are comformable to the
constitution or not; and in a conflict
between the laws, State or national,
and the constitution, no one can doubt
that the latter is and ought to be of
paramount obligation and force. And
accordingly it always has been deemed
a function indispensable to the safety
and liberty to the people that courts of
justice should have the right to declare
void such laws as violate the constitu
tion. The framers of the constitution
having these great principles in view
unanimously adopted two fundamental
resolutions on the subject; First, that a
national judiciary ought to be estab
lished and secondly that it ought to
possess powers coextensive with those
of the legislative department."
We think that Mr. Justice Benet
will find himself in a hopeless minority
in this country of constitutional gov
ernment. His deliverance may be good
in England where they have no written
constitution but it will not do for this
country where our organic law is in
the sbape of a written constitution.
Maybe Mr. Justice Benet is only want
ing a little prominence and newspaper
notoriety. If that be true no doubt his
ambition isgratified. Butthisis aserious
matter and a judge on the bench should
guard well his words and remember,
though he be a native of England, he
is' presiding over a Court in South
Carolina.
Judge W, C. Benet is making a re
:ord. He has delivered a dissertation
on constitutions, and -in a case be
fore him in Columbia there was
a negro man on the jury. The
negro did not agree with the others on
the panel with him and the result was,
a mistrial 1rad to be ordered. Judge
Benet delivered him a lecture and dis
missed him from service and had his
name stricken from the list of jurors
drawn for the court.
We thought that jurors had a right
to reach their own conclusions from
the law and evidence, and that they
were responsible to no one for their con
clusions from the law and the evidence.
Not so in these days when, according
to Judge Benet, we have no use for
constitutions. The law is so careful of
the right of the jury and its independ
ence that it is error for a circuit judge
to charge on the facts. But here is
Judge Benet dismissing a juror from
the panel because he did not agree with
the other jurors and the learned judge
on the facts. It has developed since
that this man was correct for another
prisoner has confessed as the guilty
party in this particular case.
Dr. Sampson Pope says he is really
going to stay in the race for Governor
to the finish and says he feels hopeful
and sure of a victory. He is one of those
sanguine and hopeful kind of men who
always expect the good time to come
to-morrow. A half dozen letters and as
many telegrams from each county may
be calculated to give a man a great deal
of encouragement and bright hopes, but
when it comes to votes they do not
count for very much. Dr. Pope may
get a great many votes and may be
elected but we do not believe he will
carry a county in the State.
We would say to those esteemed co
temporaries who seem to manifest an
interest in the race of Mr. Frank Moon,
of New berry, for governor, that he in
forms us that he is still in the race and
expects to remain to the close. He says
he will have something to say to the
pubic in a few days, but he does not
want the impression to get abroad that
he is out of the race for he is in to the
finish. ________
Read the article on the South since
the war. The power to recuperate, as
is shown the South has done, is pos
sessed by no other country or people
on the face of the globe. Let us take
courage. Our people will come out of
the present financial crisis with their
heads erect and their eyes to the front.
We need to harbor our resources and
eut off unnecessary expenses.
The Democrats won in Georgia, but
the Populist vote is much larger than
we expected. The Populists have made
great gains in the Legislature, and the
Democratic majority is reduced to only
about 30,000. We believe tbat Popu
lism is stronger in Georgia than it is in
Soute Carolina, if the issue were cleariy
and sharply drawn. If the Populiste
continue to grow in Georgia by the
next election they will sweep the State.
Abbeville has organized a Water,
Light and Power Company and pro
poses to put in electric lights and
water works. What is the matter with
Newberry? Does she propose to lag
along behind in the march of progreQs?
At one time she was the foremost
amo.g the smaller towns. Now several
have passed her. We need some young
life thrown in the breach to move her
along. WVhat's the matter with a
young men's busmness league?
We notice that The Cotton Plant
now speaks of Rev. J. A. Sligh as Col.
J. A. Sligh. This is a new title. But
then the country is full of Colonels.
Let every oue make up his mind to
vote against a constitutional conven
tion. There is no necessity for it and
it will cost $50,000 to $75,000 and we
have about as much taxes now as we
can pay with five cents cotton. This is
not a good time for making constitu
tions. Vote it down and if there is any
hange desired in the constitution we
can make it by amendment without
cost.
HEIIA-LD A_1NI V?_
DISPENSARY WINS.
The Supremue Court Mold thw Law Con
stItittional-Judge Mciver DipLeut,
and Staid; as Ile Did Berore.
[Special to Atlanta Constituti+bn.]
CoLU.MIA, S.C., October S.-For the
second time Governor Tillman's liquor
law came out of the hands of the Su
preme Court this evening, on this occa
sion completely rehabilitated.
"The city council of Aiken- against
Holly and George" was the title of the
case in which Justices Pope and Gary,
Tillmanites, sustain the dispensary,
reversing the decision pronouncing it
unconstitutional delivered by the court
last April, when Samuel McGowan,
anti-Tillmanite, was a member. McIver,
adhering to his previous opinion, dis
sents now.
It will be remembered that the April
decision was upon an act passed in
1892. On August 1st Gary, elected over
McGowan last Dccemiber, succeeded
him and a week previous Governor
Tillman proclaimed in force the act
of 1S93, which he had suspended in
April.
Since the proclamation the dispen
saries have been running on full time
and constables have been seizing con
traband spirits. When the dispensary
at Aiken was reopened the city couneil
at once arrested George, the dispenser,
and Holly, a member of the county
Board of control, for violation of a city
ordinance against the sale of liquor.
The State carried the case before
Circuit Judge Aldrich, -who sustained
the city council, and then the State ap
pealed to the Supreme Court. A special
sesssion of the latter was immediately
convened.
WHAT JUSTICE GARY SAYS.
In deciding the law constitutional
Justice Gary says that the law is a
police measure and that the State,
under its police power can itself assume
entire control and management of sub
jects that are dangerous to the peace,
good order, etc., of the people,, even
when trade is one of the incidents of
such control, and that liquor is such a
subject. He quotes authorities to sbow
that the saloon keeper does not sell li
quor by reason of an inalienable right,
but because such power has been dele
gated to him by the government, and
reasons from this that it would be an
anomaly in the law to hold that the
principal could delegate to an agent a
greater power than the principal him
self could exerci-e. The justice holds
that "the dispensary act itself is an
outgrowth of the dissatisfaction on the
part of the people with the manner in
which the police power, when delegat
ed was abused."
He holds that its primary object is
not the raising of revenue and that it is
within the power of the board of con
trol to eliminate the profit feature alto
gether. Such question, however, he
declares, is not before the court.
As to the objection that the act is re
pugnant to the provisions of the consti
tution as to taxation, he says that could
only be sustained in case the object of
the act is not the exercise of police
power. The justice says that the objec
tion as to the constitutionality of the
act, on the ground that it creates a mo
nopoly, is fully wet by the decision in
the slaughter house cases, wherein the
court declares that the legislature has
the right to create a corporation when
a certain result can best be attained by
means thereof. He holds that the act
does not violate section 1, article 1, of
the State Constitution, as it does not
deprive the respondent of an "inalien
able right." Thbe justice says that the
objection to the law, is that it embarks
the State in a commercial enterprise,
does not hold good as long as the buy
ing and selling are in pursuance of po
lice regulations.
Concerning the ol jection that the law
violates section S of the United States
Constitution, and also the Wilson bill,
Justice Gary says:
"The intention of Congress was to
deprive liquor of its national character
as a sttect of commerce, make it local
in its nature and subject it to the police
power of the State until Congress
should see fit to legislate upon it. It:
was the intention of Congress to subor
dinate the commercial power of the
national government to the police
power of the State on the subject of li
quor."
CHIEF .JUSTJCE MICIVER DIFFERS.
Chief Justice Mclver on dissenting
declares that the dispensary act rests
upon the same principles as the old act
which was declared unconstitutional.
Also he referred to "the well settled
and wholesome doctrine of stare decisis
and the wiil of not adhering to the
former decision of the court. He de
clares that until it is shown-which
never can be-that trade is one of the
appropriate functions of civil govern
ment, and statutes purporting to em-*
bark the State in any trading enter
prises is altogether beyond tbe com
petency of the legislature, because it
excludes the limitations upon the leg.
islaive power necessarily implied
from the express terms used
in the constitution. The chief jus
tice declares it a very dangerous
doctrine, asserted in the former case,
and again insisted in this case "that the
police power of theState is limited only
by thbe will of the legislature."
He then takes up the argument,
which, it will be remembered, was
made from the bench last Monday by
Circuit Judge iBenet in this city in his
charge to the jury, that the courts
have no right to inquire whether acts
of the legislature or police regulations.
-'I can't subscribe to any such doc
trine," says the chief justice, "for it
would subject the rights of the citizen
secured to him by constitutional pro
visions to the unrestrained will of the
legisature, and would render absolute
ly useless all the safegruards provided
in the constitution for the protection of
his rights against invasion by the law.
abiding power of the govern ment.
Burning Pain
Erysipelas in Face and Eyes
Inflamation Subdued and Tor
tures Ended by Hood's.
"I am so glad to be relieved of my torturel
that I am wilning to tell the benents I have do
rved from Hood's Sarsaparilla. In AprIl and
May, I was afflicted with erysipelas In my faci
and eyes, which spread to my throat and neek
I tried divers ointments and alteratives, bil
there was rno permanent abatement of the bnu
ing, torturing pain, peculiar to this complaint
I began to take Hood's Sarsaparilla and
Felt Marked Relief
before I had flnished the first bottle. I eon
tinued to improve until, when I had taken fota
HOOD'S
Sarsaparill a
CURES
bottles, I was completely cured, and felt that a2
signs, marks and symptoms of that dire coma
plaint had forever vanished." MB.s. E. E
(yAWA, Hillsboro, Wisconsin.
Hood's Pills are prompt and efmecent, yel
.... nctin. Sold by all drnggIsts. 250.
J4 VV J " W 09 VV / . A
J Ytice McIver holds that the dis
pet,9ry act is not a legitimate exereise
of the police power, as this power can
not be so extended as to authorize the
State to engage in a tralic forbidden
to a citizen.
Concerning the argument that when
a State issues license to a saloon keeper
it delegates to him the exercise of the
police power, lie says:
"I do most emphatically deny the
power of the legislature to delegate any
portion of its legislative power-police
power or otherwise--to a private citi
zen, and, so far as I am informed,
neither this State nor any other has
ever undertaken to do so."
The justice says that the provision
allowing t he State to sell l'quor out
side of its limits shows very clearly
that the whole scope and intent of this
legislation is to enable the State to
monopolize the liquor traffic to the en
tire exclusion of the citizen, with a
view to the profit.of such traffic." He
says that the dispensary legislation is
neither the regulation of the traffie nor
a prohibition of the same, but, on the
contrary, is a scheme by which the
State proposes to monopolize such traf
fic to the entire exclusion of the citizen,
and to force every customer who may
desire to obtain spirituous liquors for
any purpose to purchase the same from
the State authorities at such a profit to
the State as may be fixed by the des
ignated State authorities, and hence,
such legislation cannot he regarded as
a legitimate exercise of the police pow
er, and any legislation which, like the
dispensary law, undertakes to embark
the State on trade, is without constitu
tior.al authority.
The chief justice concludes by de
claring that the law is a violation
of the State and federal constitutions.
It is understood that a vigorous war
fare will now begin against the blind
tigers, as the law is finally settled, un
less modified by the legislature.
co08a Bous8|
BARDIN & WHITMIRE, Lessees.
H. C. BARDIN. Manager.
FRIDAY)
RDAY f. Evening.
SATURDAY
AND SA TURDA Y MA TINEE,
Oct. 12th &'13th.
-:ENGAGEMENT OF:
Aimoca's YMust81 TrailIno
ris 5adia \1f)IltBIoDI
-SUPPORTED BY
MAX VON MITZEL,
and her clever Company in the follow
ing Plays: Friday Night:
INNOMAR.
Saturday Niglt:
THE HUNCH BAC3.
,Saturday Matinee:
ROM3EO AND JULIET.
Night prices - 75c - 50c - 25C.
Matinee prices - 35c - 25c - 15c.
I have just received a new lot
of the
Celebrated
Diamond
Spectacles
-AND
Eye Glasses
Gold
AND
Steel
Frames,
which will be filled to suit the
Eyes. DADS OL,
Jeweler and Optician.
Master's Sates.
STATE OF SOUTH CAROLINA,
COUNTY OFNEWBE RRY-IN
COMMON PLEAS.
Newberry Savings Bank against Mar
tha Smith et al.
B Y ORDER OF THE COURT
herein, I will sell in front of thle
Court Rouse at Newberry, ontbe first
Mod.y in November, 1894, "all that
lot or parcel of land, in the Town of
Prosperity, in the State and Ijounty
aforeaid, containing One Acre, more
or less, and bounded on the west by
McNay street, north by Luther street
and south and east by lot of Dr. R. L.
Luther.
And also "All that other lot of land,
lying and being situated in the County
and State aforesaid and in the Town of
Prosperity, containing 1750 square feet,
more or less, and bounded east by
8:hoolhouse lot, south anid west by
C. N. & L. R. R., and north by Min
eral Well street."
Terms: Tbe purchaser will be
permitted to pay tne whole bid in cash,
otherwise one-half of the purchase
money will be required in cash, and
the balance secured by a bonid and
mortgage of the premises, payable in
one year, withb interest from day of sale.
Purchaser to pay for papers.
SIL AS JOHNSTLONE, Ma-ter.
Master's Ofice, 8th Oct., 1894.
STATE OFSOUTH CAROLINA
COUNTYOF NEWBERRY-IN
COMMON PLEAS.
The National Bank of Newberry
against Jas. M. Henderson.
BYO ORDER OF THE COURT
herein, I will sell at pub?tc outcry
before the Court House at New berry,
on the First Monday in Novemb--r. 1894,
all that tract of land lying in the Coun
ties of New berry and Union, contain
ing Seven Hundred and Six Acres and
a Fourthb, more or less, an d bounded by
lands of the estate of P. WV. Chick, the
estate of R. S. Chick and others.
TERMS: The purchaser will be re
quired to pay one-third of the purchase
money in cash, and to secure the
balance by bond and mortgage of the
premises, payable in one and two years,
with interest from the day of sale.
SILAS JOHNSI'ONE, Master.
Master's Office, 8th Oct., 1894
STATE OF SOUTH CAROLINA.
COUNTY OF NEW BERRY-IN
PROBATE COURT.
By J. B. Fellers, Esq., Probate Ju-ige.
W H ERE AS, George P. Boozer, bath
made suit to m:e to grant him
Letters of Administration, de bonis non
with will annexed, of the Estate and
effects of David Boozer, deceased:
These are therefore to cite and ad.
monish all and singular the kinstre d
and creditors of the said David
Boozer, deceased, that they be nm":
appear before me, in the C.urt
of Probate, to be held at New
berry Court House, on the :20;b day
of October, 1894, after publication
bereof, at 11 o'clock in the foreno:m,
to show cause, if any they have, why
he said Admindtrationl should not be
gran ted.
Given under my Hand this 5th dlay
of October. Anno Domini 1894.
J. B. FELLERS. J. P. N. C.
BRIDGE TO LET.
T HE BRIDG;E ON BUSH RIVER
at Lanmgford's Mill will be let to
the lowest bidder on Friday, the 19th of
IOctober, at 10 o'clock. The County
Commissioners reserve the right to
reject any and all bids.
By order of Board.
J. C. DOMINICK,Cai
Trome S. SEAS Clrka
TIME IS
There is a time is in1
when he should gird u
seeking the aggrandizen
thing else. Such a tim
must hasten to take adv
of Clothing at JAMI
ments are offered in a s
men, boys and children.
0. M. JAMIESON,'TI
SPECIAL BARuAIS '
Oak and
Jllt Receive. HANDSOME (
- CYUIL M
MAMMOTH RE
A
LEAVELL
feede t1 . wo i a iidI
THIS IS THE BEST FL12
I There have been many oEfcia
always came out ahead of all
largest crops of all. Being a nati
all crops. Adapted to all soils, ii
A. C. Davis of Gaorgia writes:
I used the Natural Plant Food on Coti
money that I ever got from any fertilizer.
Just Half the Price of
W. M. SHAC
My offce, Mrs. Brown's Store.
NEWERRY SAYIW8 BANK
Statnlt far Qulrter EMdilM1st October,
1894.
Published in conformity with Act of
General Assembly.
LIAHI LITY.
Capital Stock............... $5,00.00
Due Depositors..............~ :,30.45
Unpaid Dividends............ 17250
Undivided Profits............ 2,872 37
~ R FSOU RCEs. $40,365 32
Notes Discounted...........$39,727.07
Safe and Office Fixtures.... 300 00
Over Drafts..................... 950
Cash on nd.................. 328.75
$40,365.32
Personally appeared before mse R. H.
Wright, Cash ier of The Newherry Sav
ings Bank, who swears that the above
statement is true to the best of his
knowledge and belie-f.
R. H. W RIG HT, Cashier.
Sworn to before me this 8th October,
1894.
IL s ] JOHN S. CAR WILE,
Attest: Notary Public.
FOSTER N. 31ARTIX.
J. F. J. CA LDWELL.
R. L. MCCAUGIIRIN.
0. KLETTN ER
THE FIRST OF ALL MERCHANTS
AT NEWBERRY HOLDING A
GRAND OPENING
FOR TH*E FALL 1894,
Not for one or two days only, but an
opening of Grand Bargains every day
troughout the entire season.
We now open up ease after case of
CLOTHING.
You can buy a suit of Clothing from
us fresb, clean and new, made of best
material, latest style, custom made, for
less money than you can buy a suit of
clothing thai has been bargained
through summer and winter for five or
ten years, refused by others.
Look out if you do, and
SNEEZE.
You might be as naked as a Jaybird.
Every Suit we sell is guaranteed
Double Seamed and Saddle Stitched.
A cordial invitation extended and
entire satisfaction guaranteed to all.
0. Kletmner,
The renowned and celebrated auc
tioneer, Mr. E. WV. Thomnason, whose
meodeous voice will furnish sweet
music in your ear, and save you a dime
every time, Messrs. WV. P. Bedenbaugh
and J. T. Hutchison, hown to all as
Honest Whiskey Bill arnd Upright Joe,
S M L Take will taklasrer to
--*
LIMI TED.
the affairs of every man7
p his loins and hustle,
ient of self above every
e is the present. You
antage of the new line
ION'S. Special induce
plendid line of suits for
Don't delay.
LE LEADER OF LOWPRICE.
ED ROCKERS.
$L' nh4s
/PEES.
V TeFre
aL$seiOns.Cas
Chemicald]T Frtliers
Thl etiize who i seall good
onagtthe et gofo the tat
he mal F aerislie s.e
theEagile Agentntepe
tre,Nbut ervermy; andC
moe'akslfewrh.iig
And yo antd wtot he
wileyuaeliig.o
EI- Ai NALE MEXAIA
hetioen wTahos'eieks good
berryl coe j19, 1894 Nieo secure
adtheeird ofrade rtfet Vibetye
ofwSho jutommiseneTrue
Bhy may nt asaehi ife,sdet
teig gntle in ther prtco
heI,E,tE. Waes mone; ann
monemaes f wrthliiGH
AndCyo can n any witho tity.e
whil o arepliv. F orae
WVETLPOGIN SHOE Call
on .h Arleson..
Platintao for Tecesricasle.
1 acdrdgaes.7 cries ill belivaeon
50acesed. Aplants Will bipoduce 2
to 40 b s chol o l peCr ioeor0lb.
Buyd acot. asmpro ven tsg .o
towns forthaer onforasyti,er c.,a a
Now
complete.
Novelies .
Dress
Goods.
Every Lin
Departmient
We extend a cordial invitati
all to come and see us.
We are ready and will be p
to show our Stock -f Goods.
NOTICE.
in building occupied by F.HAEOEE AN .
son, Insurance Agent, two doors
of Postoaice, where I will attend
collectioof aceountsofSmith& W
All parties indebted to said firm,
please call and see me, as this
will have to be settled up at once.
For Smith & Wearn.
WIVES,T
SISTERS,
MOTHERS,
Do you like that Suit your husband2
brother or son wears? Send him to US -
and have him outfitted. We are c
bands at the busiiness and bave jn'
what he needs. The line of stylish ,al:
Suits which we are showing thi5sessonf -
is the most complete that has ever e$
brought to this city, and we are tIL
fed that we are giving better value *
every dollar spent with us than will be
obtained elsewhere. Our line of
IMen's Furnishings
contains all that will contribute to
comfort and personaI appearance
Underwear, Laun'dried and Unlaun
dried Shirts, Neck wear, Hosiery, etc.,
and our establishment is' headquarters
'for latest shapes and styles in Derby a
and Tourist Hats.
Ini Knee P'az
Sulti, 4 to 15 years, we ini
special attention to our
71129 2~
5296 AT
There are in three neat patternS.
double seat, double knees, elastic wis$
bands, riveted buttons., and are mad~
from material whicb will stand the%
ard and rough wear Young -A merica .%
seems determined to give his clothes
Boys' Unde rwear, Shoes, Shirt Waists,
H ats, Caps, Neck waer and S,hir ts are
all here.
31. L. UIXRD,
THE LEADING CLOTIER.
Our new location is at ]3S Main st.,
next to Loriek & Lowrance.
If you cannot visit Colum bia, write
for what you want.
FOR SALE.
IWILL SELL ON SAL EDAY IN
November, at Newberry C., H.,
within the legal hours of sale, to the
highest bidder, my House and Lot
In the town of Helena. The lot con
tains Thirty-Six One Hundreoths1
(36-100) of an Acre. The house has six
rooms. A well of gooA. water at the
back door. Also an out house with
three divisions, suitable for horse stable,
ow stall and wood room.
TERMs: One-half cash, balance on -
six months credit with interest from
day of sale. The credit portion to be
secured by bond of the purchaser and ''
mortgage of the premises, with leave
for the purchaser te pay all of his bid -
In cash. Purchaser to pay for papers.
Possession given the 1st of January.
MRS. EMMA E. HA LFACRE,
Heaeant S C