The Newberry herald and news. (Newberry, S.C.) 1884-1903, May 27, 1902, Image 2

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13180OP A. COKIC SMITH. The Rev. Dr. A. Coke Smith who has recently been made a bishop by the General Conference of the Methodist Church in session in Dallas, Texas, is a South Carolinian, and we claim him as a Newberrian, he having married his wife in this city. The greater part of his ministry was spent in this State and his friends in South Carolina are legion. In honoring him the church is honoring herself. He is a preacher of great power and force and an hum ble Christian gentleman. Tomorrow will be Sarah Calhoun Simonds, Day at the Charleston Expo si tion, so named in honor of the presi dent of the woman's board of the Exposition. Mrs. Simonds, besides being a stockholder in the company, has given her time and best thoughts to the success of the undertaking, and especially the woman's department, and has contributed in no small degree to wards that success. The editors who attended the meeting of the State Press Association in Charleston especially have pleasant recollections of Mrs. Simonds, and her efforts to make their stay while there a pleasant one. There should be a large attendance at the grounds tomorrow, especially the ladies of Charleston and-of the State. The statue of Count de Rochambeau was unveiled in Washington yesterday with imposing ceremonies, the French gove-nment, through its representatives and a special detachment of soldiers, taking part. President Roosevelt wel comed the representatives of France and Senator L:odge, of Massachusetts, deliv ered the oration of the day. Rochambeau was the leader of the French troops who played such a gallant and important part in the struggle f)r American independence from 1780 to 1782 and he himself was largely instru mental in bringing to a suceessful con clusion the campaign which culminated with the disastrous defeat of British arms on the field of Yorktown In honoring Rochambeau both the French and American republics honor themselves. Lord Pauncefort, British ambassador to the United States, died in Washington on *Saturday. For some time he had been in failing health, but the end came more suddenly than was expected. His death will be felt in diplomatic circles, where he had played an important part for a good many years, having been the first ambassador to this country from Great Britain, he being minister when the rank of ambassador to the United States was created, and having held the office con tinuously since, although for some years he has passed the age limit It is prob C able that his remains will be carried home on a United States battleship Kind Words About Newtwrry Odd Fellows. 6 The following items complimentar3 K - to Grand Master J. Marion Davis, and Cole. L. Blease, Esq., of this city, are taken from The Carolina Odd Fellow, of the 20th inst., a journal devoted to the interest of Odd Fellowship, and speaks in the highest terms of both of these gentlemen: Bro. J. M. Davis, our present Granid Master, deserves great credit for his wonderful energy and push, which has placed him at our head. Bro. Davis is truly a self made man, who was the son of a widow lady. He started a few years ago to sweeping in a cotton mill, while a small boy. "Look now." He has kept on coming up un til now he is the superintendent of one of the largest cotton mills in the South His employers have given him the highest rank of their business See what energy will do. Bro. Davis is a young man of about thirty summers, and has been in our order only a few years, and has won the highest rank in our order, and to know him is to love him, as he carries that nice grace of manner that proves him to be a true gentleman. Our order promises to grow most wonderfully in our State this year, and let us do> everysbing in our power to assist our Grand master to keep our order climbing up, not only in quantity but in quality and financially. So let us go te work as we never have before and see what our effort will do. We will neve-r know until we try. Let us try for the sake of duty if notbing The speech of Hon. Cole. L. Blease, of Newberry was simply grand. The large auditorium at .the exposition grounds was well filed. The speaker was at his best. The brilliancy of his oratory was sublime, every body was charmed. Some of his flights of elo quence was rapturous, while with the most beautiful word painting he dwelt on the benevolent feature of our Order. We noticed many of our good sisters of * the Order of Rebekah who could not refrain from shedding the sympathetic tear. The speech as a whole was mas terly and will not soon be forgotten. If you failed to hear it you simply missed one of the richest treats of your life. Brother Blease is a most enthusiastic Odd Fellow and a brilliant member of the Newberry bar. TE lv to cLL !yor Matt ntint bgirbe ntifo cal yoer antio and I their be utiful and new Fans and I REMANDED TO STATE COURTS. r rbte Case of Luther A. RI er vs, Southern urailwsy Co., Ordered by Judge Simon ton Out of United States Court. The Dtcree. f L A decree hap betn issued by Judge i 1 Simonton remanding tbe case of Luther A. Riser vs. Southern Railway Com pany, which had 'een taken to the C United States Court by the defendant, to the State courts. The motion was I made by Mr. Welch, of the firm o! Johnstone & Welch, representing the plaintiff, and argued by him before Judge Simonton. The decree is of gen eral interest, in that it possibly obvi ates the demand which has been made to have an Act passed by our Legisla- I ture to domesticate corporations of the charter of the Southern Railway, in order to prevent actions against them being takca to the United States Courts. i Riser's suit was for damages as a re sult of injuries received in a tail end collision at Camp Fornance on the 27th of last September. He entered suit against the Southern Railway and the onductor in charge of the train upon which he was mail cierk in the sum of $15,000. The defendant, the railway compaiy, removed the case to the Uni ted States Supreme Court on the ground of diversity of citizenship between itself and the plainiiff, the railroad being a corporation of Virginia and Riser a citizen of South Carolina. A motion was made in the United States Circuit Court, to which the case was removed, by Mr. Welch, of the firm of Johustnne & Welch, to bave the case remanded on the ground that the cause of action against the two defendants was joint and not separable. The defendant resisted the motion on the ground that the cause of action against itself and Rich, tho cobductor, was separable and not joint. Judge Simonton, after hear ing the argument pro and con, has or dered the case remanded to the State court, holding tbat the case showed a j .int cause of action, and as the action was j,tint, the railroad company was not entitled to a removal, because Rich being a citiz-n of S iutb Carolina, was entitled to have his case tried in the State courts. The followir.g is JUDGE SIMONTON'S DECREE. This case comes up on a motion to re maDd the cause which had been re moved from tbe State Court by the sothern Railway Company, on the ground that under the pleadings, a separable controversv e-xists against It. In discussi' g this question we have no concern withi the merits of the case, nor can we be controlled by an opinion as to the necessary result if the case goes to a trial It is a question of pleading. Chesapeake & Ohio Ry. Co. vs. Dixon, 179 U. S. 135. Does the complaint set up a joint or several cause of action? "The cause of action is the subject matter of the con troversy and that is for all tbe purposes of the suit whatever the plaintiff de clares it to be in the pleadings. (Pow ers vs. ('. &, 0. Ry. 169 U. S 97). Jt may be that the plaintiff on the trial may be unable to establish the joint cause of action. It may be that his proof may show that one of the defend ants is not guilty of the tort alleged and the other solely guilty. Perhaps a demurrer to the complaint on this ground may be sustained. "If the com plaint should be so construed the ques ion would still remain whether the cause of action was not entire as the case stood and the objection of the dif ference ini the character of the liability matter of defense which might force an elecion or defeat the action as to one of the parties." Chesapeake & Ohio Ry.- Co. vs. Dixon, 179 U. S. p. 139. In an action of tort the cause of action is whatever the plaintiff declares it to be in his pleading. Matters of defence cannot be availed of as ground for re moval. The complaint is against the South ern Railway Company and Marion Ricb, one of its conductors. The plaintiff, 6 mail clerk on the train of the Southern Railway Company, managed,by Rich the conductor, was injured in a colli ison and he brings this action against both of the defendants, charging that he was injured in the collision whbich was due to "joint and concurrent fault of the co-defendants." He sets out in his complaint that the immediate cause of the collision was the failure of Rich, he conductor, to observe certain rules and regulations5 of the con'pany, and that tbis failure was due to the "joint and concurrent negligence, carelessness and fault of the said defendants." In all the paragraphs of bis complaint be charges this joint and concurrent neg ligence, &c., as the cause of action. On i3s be must stand or fall. He may fl in his proof. His claim may not be sustained. But the cause of action re lied on is joint. And the controversy s-t up is joint, not separable. There is another point of view. The complaint sets out the facts of the case, te injury of the plaintiff by reason of the non-observance on the part of the conductor, the agent and representa tive of the railway company, of the rules established for his guidance, and cbarges that this negligence was the jont and concurrent negligence of the rlway company and the conductor. Would it not be competent for the paintiff to show that the conductor was a careless and unobservanlt person with-I in the knowledge of the company, and on n u~ch sowing claim that the injury was the joint and concurrent action of heh two de fendantk? Again, the comnplailt sets out that bee plaintiff was injured by reason of he iegligence of tbe railway comnpany I ndd of the~ conductor. Suppose that on d hetilh'rvsta h odco betilb poe ohtnrhe cnutor epresentati'- of the corporation. His egligence i- its negligence. If be is iable the corporation by reason of his iability is also liable. It would be vain or the rail. ay company to prove the itmost care on its part in giving proper ustructions to the conductor. If he be egligeit, the corrration, notwith tanding its instructions, is guilty, be ause he wae negligent. "I am answerable for the wrongs of ny servant or agent, not b-cause he is uthorized by me or penoualiiy epre ents me, but because he is ab-out my Lffairs and I am bound to see that my ffairs are conducted with due regard o the safety of others. (Pollock vs. r'orts, Am. Ed. 89-90.) So when the ervant of a railway company is guilty )f negligence in the course of his em ?loyment, his negligence is the negli jence of tWe Railway Company. It nay be one act but the liability is the ability of both, the one cannot be separated from the other. The act of the conductor in contemplation of law [s so far the act of the Master, that he is answerabie for it. (Farnell vs. Bos ton & Worcester, R. R. Co., 4 Metcalf, 19)." Put it in another way. The grava men of the complaint is injury to the plaintiff, caused by negligence in dis beying the rules of the company. If this be proved then the Conductor Rich certainly is responsible, and if he be responsible because of his negli gence, as certainly the Railway Com pany, his principal, is also responsible. To defend itseif the Railway Company must participate in the controversy of the connuctor, and must maintain the same defence as he does tbaL the colli sion was not caused by his negligence. However careful the railway company may have been in the issuance of its orders to prevent the collision, if that collision occurred by reason of the negligence of the conductor in obey ing the orders, the railway company is liable. It cannot s,pura'e its case from that of the cotductor. See Bag ley vs. Manchester, etc., Ry. 3. Moak, 312. This case cannot be distinguished from Dixon vs. Chesapeake and Ohic Ry. Co., 179 U. S.. 131, and is controlled by it. Let an order to remand be had. Charles H. Simonton, Circuit Judge. May 23. 1902. I, J E. Hagood, clerk of said court, do hereby certify, that the foregoing opinion is a true and correct copy ol the original, now on file and of record in my offce. Given under my hand and seal ol said court, at Charleston, S. C., this 23rd day of May, 1902. J. E. Hagood, C. C. C. U. S. Diet. S. C. Music Recital The pupils of Miss Harriette McIver Leavell will give a recital at the studio Friday evening, May 30, at 8:30 o'clock. Miss Leavell is an excellent music teacher and her pupils are very pro. ficient, hence the programme will be interesting and entertaining. PYTHIIAN PARAGRAPBS The meeting tonight will in all prob ability be most interesting. The report of delegates to the Grand Lodge will be very instructive and every member should be present tc hear it. Brother Mower has been elected Grand Chancellor, an honor every member of Newberry Lodge No. 75. highly appreciate. Delegates to Grand Lodge repori having bad a very pleasant session. Knight D. A. Childs, of Columbia, was in the city yesterday. Knight A. L. Longshore continues quite sick. Reveals a Great Secret. It is often asked how such startling cures, that puzzle the best physisians, are effected by Dr. King's New Discov ery for Consumption. H ere's the se cret. It cuts out the phlegm and germ-infect. ed mucus, and lets the life-giving oxy gen enrich and vitalize the blood. It heals the infirmed, cough-worn throat and lungs. Hard colds and stubborn coghs soon yield to Dr. King's New Discovery, the most infallible remedy for all Throat and Lung diseases. Guar anteed bottles 50c. and $1.00. Trial bottles free at all druggists. NOTIOE. HERE WILL BE AN ELECTION for Principal and Assistant Teach e-rs of the Chappell School District No. 39 on Tuesday, roth day of June, 19o2, at 5 o'clock p. mn. at the school house Patrons and those that expect to be pa trons are requested to attend promptly. Applications will be received by the un dersigned up to that time. J J. White, Chairman, J R. Scurry, J. R. Irwin, Trustees. T HE EXAMINATIONS FOR THE award of vacant scholarships in Winthrop College and for the admis sii.k of new students will b- held at the County Court House on Friday, July 11th, at 9 a. m. Applicants must not be less than fif teen years of age. When scbolarships are vacated after July 11th, they will be awarded to those naking the highest average at this xamination. The next session will open Septem eer 17, 1902. For further information and a cata oue address Pr* sident D B Johnson, lock Hill, S. (- td oBride ontractors BIDS FOR CONSTIRUCTION OF A '-Steel Bridge over Saluda River rill he received at proposed bridge ite near Prosperit.y on 9th of June, 902 Plans and specifications to oe ecided on day of letting Right re arved to reject any and all bids.. JNO. M. SCHUMPERT, Supervisor. NEW FIRE HEADQUARTERS. A Two Story Brick Building to be Erected on1 N,%ce Street- Horse Bought-Hose Wagon to Arrive In a Few Weeks Congratulations are in order to the City Council. Ward One gets the handsome new building to be erected for the Excel sior Fire Company's headquarters. At the meeting of the City Council last week it was decided to er-ict a two story brick building at the lower end of the city Market, on Nance street, for the headquarters of the Excelsior Fire Company. The building is to be erected exclu sively for this purpose. The ground floor to be arranged suitably for the hose wagon, horse and stall and the upstairs will be arranged into two pri vate rooms for the driver and an amuse ment hall for the firemen. The Coun cil Is now getting bids for the erection for the building, and we are ipformFd that the work will begin just as soon as a bid can be decided on. The committee has also purchased the handsome black horse from Mr. C. C. Davis, which will be the firemen's horse to use to the hose wagon, and we think in this a good selection has been made. The wagon will be shipped in a week or two, and it is only a matter of a short time until the city will have the best fire protection it has ever had that is all parts of the city -and for this congratulation to the city Coun cil should be general. We say, well done so far, gentlemen. Let the good work go. SPECIAL NOTICES. IE CREAM PARLOR NOW OPEN AT THE Granite Front Bakery. You can get Ice Cream and Cake. Orders taken from the house at the same rice. HENRY A. MEYER & SON. IF it is a ptir of Shoes, Oxfords or Sandals y-u want. you can save lots of money. now, by eetting them from Copeland Bros. At Cost. MIONEY TO LOAN-We negotiate loans on improved farm lands at eight per cent. interest on long time. Huat, Hunt & Hunter, Attorneys C OPELAND BROS. are selling all of |their big stock of Shoes, Oxfords and slippers at Actual Cost. y|TANTED, at the Newberry Hotel Spring Chiekens and eggs f&t8t WV. A. Jamieson, Proprietor. ALL Fancy White Goods and Col ~Aored Lawns, are being Sold At Cost. At Copeland Bros. S 'PECTACLES AND EYEGLASSES Do your eyes ache and burn at night? I have the best trial case for fitting Spectacles and Eyeglasses, and Ictn fit the most difficult eyes, with the proper glasses. I have fitted glasses for the best people in the county and can fit you. I use only the best grade Crystaline lenses. Come and give me a trial and be convinced. S.trietly one price to all. GUY DANIELS, Jeweler and Optician. C OPELAND BROS, can save you money cu your Clothing, Dress Goods, Shirts, Hats and Shoes. Don't buy until you see their big Stock and get their prices. 3 MIT H BROS'. Roller Mill atRKinard s kJwill griad for the tent h. The out put of this mill has a wide reputation for its excellent quality. Customers are treated right and perfect satisfac tion is guaranteed. JOR Pretty Slippers Ch.ap Go to -Cope1and Bros. R~UBB ER STAMPS -Name stamp '15c. per line. Pads 10c. Dates, merchants marking outfits. J. P. ('ook, Newberry, S. C., Rubber Stamp Manu facturer.6ms Itaw C OPEL AND BROS. will not be un dersold on anything in their line. EAST your eyes, and fatten purse, by inspecting Wooten's line of wash goods. (G.ET prices Anywhere and Every were, and Go to Copeland Bros. and get the samc goods for less money. NOMINATIONS. For Congress. W YA T P'A IKEN, OF ABBEVILLE, is hereby announced as a candi date for Congress from tbe Third Con gressional District, and is pledged to abide the result of the Democratic primary election. D RR F SMITH OF PICKENS, is hereby announced as a canai aate for Congress from the Third Con gresional District, and is pledged to abide the result of the Democratic pri mary election. G EO E PRINCE, ESQ., OF AN derson, is hereby announced as a candidate for Congress from the Third Congressionatl District, and is pledged to abide the result of the Democratic primary election. I Hl. McCALLA, OF AB3BEVILL E, e is h.--reby announced a candidate e-~ Congres" from the Third Congres 0ion.tl District in the Democratic pri mary and is pledtged to abide the rr-sult of the same. W M. J STRIBBLING OF WAL halla, Ooonnee County, i3 bere by announced as3 a candidate for Ceon gress from the Third Congressional District in the Democratic Primary nd is pledged to abide thbe result of the For County Supervisor. M R. J Y LOYD IS HEREBY A N Supervisor and is piledged to abide th result of the Democratic primaryx eiec tion. For Magistrate, No. 11. COLIN L. GRAHAM is hereby au nounced as a candidate for Magis trate for No. 11 To wnship and is pledged to abide the results of the Democratic pimary election. A T CO0 Ten Thousand Dollai dren's Shof Mai This big stock' stock of Shoes is, than it should I surest and speed price, and any p: prices means a se ing public. Thec now, and we nee them. No use fc the kind of Shoi fact that we carr. let this opportur fifty miles to this Big Cd Every pair of Ladies' I $1.25, for this cost sale Every pair of Ladies Our entire line of L now $1.50. Every pair of Ladies' of the lot at $2.49. Every pair of Ladies' ~first cost. 300 pairs of Men's Sh 500 ' " '"' 350 " ~ " 300 " " " If you want to buy Sh (Note.) No Shoes sent Remembei are Bargain days. All tre tables at half price. Days ask your friends i and you will see where MIM The Chear When a young husband becomes a father be feels as happy as he looks scared You never heard of any one using Foley's Honey and Tar and not being satisfied. Gilder & Weeks. Sometimes a man's sins find him out-I but he is more apt to be found out b i wife. b i Foley's Honey and Tar is peculiarly adapted for asthma, bronchitis and hoarseness. Gilder & Weeks. On her wedding day the happy bride can see no good reason why the honey moon should not last forever. Foley's Honey and Tar contains no opiates and can safely be givenJ to chil dren. Gilder & Weeks. A politician, in the opinion of many a disgusted constituent, may be defined as a man who won't do anything for y-ou. .1 Rev.Ildon, If you will make enquiry it will be a revelation to you how many succumb to kidney or bladder troubles in one form or another. If the patient is not beyond medical aid, FolVy's Kidney Cure will cure. It never disappoints. Gilder & Weeks. The uses of adversity are never so sweet as when we are able to draw moral deductions from the misfortunes of somec one else, Will euro cosumption. A. A. Herren, Finch, Ark.. writes, "Foley',. Honey and Tar is the best preparationl for c'ughs, colds and lung trouble. I know that it has cured con sum ption in its first stages." Gilder & Weeks A Kansas girl who recently lost her voice has received twenty-seven offers of marriage & L.asson in Health. Health Kidneys fiiter thbe impulities from the lo"od, and unless they' do this nod health is impo-sible Foley's Kid ne Cur'e makes s .und kidneys and will p sitively cure all forms of kidney. and bladder disease. It strengthens. Lb whol stm. Gilder & Weeks. ST AT 's Worth of Men's s and Slippers thro it at Actual First C f Shoes must bi by five thousand )e, and I have d iest way to redu< rice lower than ot ving of many do e goods you neei d the money tha r us to dwell upc ,s we carry. It's y the RELIABLI lity slip; it will,p4 ish Cost 3hoes, heel or spring heE only $1 .00, 3hoes worth $1.50, for t idies' Fine Shoes wor Fine Shoes worth $2.5 and Children's slippers oes, Congress or Lace 1 16 (6 5 oes now is your chance out on approval. Every a Thursday i odds and ends in short If you have not visite ind neighbors about it. they stop. NAUI )est Store in the Most of us know only one man whom we regard as absolutely fair and un biased, and modesty prevents us from naming him. What Is Fole,y's KIdney Cure? Aswer: It is made from a prescrip tion of a leading Chbicago phy'sician, and onte of the most eminent in the contry. Thbe ingredi. nts are the purest that mor.ey can buy, and are scientifi cally combined to tbetr utmost value. Gilder & Weeks. Looking at feminine attire the wonder is not so much that a woman has no pocket as that hei husband has any pocket; it being the law of evolution that desuetude makes for extinction. -r raveilig Is I)angerolns. Costant motion jars the kidne-ys wib are kept in place in the body by dicate attachbments. T bis is the reason thdi travelers, trainmen, street car men, teamsters and all whbo drive very much suffer from kidney disease in some form. Foley's Kidney Cure strenghe!.s the kidneys and cures all forms of kidney and bladder disease. Geo. H. Hausan, locomotive engineer, Lima, 0., writes, "constant vibratiori of the engine caused me a great deal of trouble with my kidneys, and I got no relief until I used Foley's Kidney Crt " Gilder & Weeks. The Ladies' Exchange Mrs. R. C. Williams resectfully informs the~ladies of Newberry and vicinity that she has opened an Ex change for the pur chase or exchange of la dies', children's and men's second hand clothing, and solicits their patronage. Persons on business will please call at the E xchange, Crotwell Hotel, first floor, between 9a. m. and 4p. m. A DIES' full size fast tlack drop k~i~titch hose 8kc. a pair, at Wooten's. COST women's and Chil Wn on the I. lost, . reduced. Our dollars, heavier ecided that the e it is to cut the jr usual uniform liars to the trad i and want right t is locked up in >n the merits of an established KINDS. Don't ay you to come Sale. , button or lace, worth his cost sale only $1.25. th $1.75, $2.00, $2.25, D and $3.00, your pick in the house at actual ,for this sdle 85c. " " "-_.1.25 " " " 2.4.9 Sitem spot cash. mnd Friday lengths placed on 'en d my store on Bargain Just follow the crowds Carolinas. THE UNITED STATES OF A MELUCA- DISTRICT COURT -SOUTH CAROLINA. IIn re, L. W. C Blalock-Bankrupt. NOTICE IS HEREBY GIVEN that L. W. C. Blalock was duly adjudicated a Bankrupt on the 14th day of May, 1902, by the Bankrupt Curt for tbe above named District, and that the B'inkrupt bas been duly ordered to appear personally before me at my affiee, in the town of Newberry, S. C., at 10 o'clock a. m of the 29th day of May, 1902, for the purpose of exami nation, etc ; and that at tbe same time and place the c;editors have been called to meet for the pu''pose or elect. ing a trustee and attending to such other business as may come before the said meeting'. All persons holding claims against said Bankrupt are noti fed to render them duly proved before me at said meeting. R H. WELCH, Refere e in Bankruptcy., May 19, 1902 flow It Is Done. The first object in life with the American people is to "get rich:" the second, how to regain good health. The first can be obtained hy energy,I honesty snd saving; the second, (good health) bv using Green's August Flower. Should you be a despondent sufferer from any of the effects of Dys pepsia. Liver Complaint, Anpendicitis, Indigestion, etc., such as Sick Head ache. P.alpitation of the Heart. Sour Stomacb, Ha"itual Costiveness, Dizzi ness of the Head, Nervous Prostration, Low Spirits. etc , you need not suffer another da.v. Two do-es of the well known Augeust Flower will relieve you at once. Go to Win. E Pelham & Son and g'et a sample bottle free Reeular siz'e, 75 cts. Get Green's Special Al manac. K EE P "KOO L" OF OURSEW YNOT-WHBEN P .Baxter sells Ice Tickets of 100 pounds for 45 cents at Ice House. You will find him there 7 days in a week, from 6 a. m until 8 pm., ready to serve you with "Kole" Ice the year around. Sp cial price for large quanti-I ties 30 pounds and ovew deliveredt free. 3me itaw -f