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STOLEN STATE BONDS GOOD. ?OrKT KS BANC VPIIOLDM TI IF. IK VALIDITY". Coort Wu Divklcd Seven u SU? 1W Wu Thai of Edward Ehrlich Asking for Writ of Mandamus to Require State Trraaarrr to Ex? change One of Zimmerman bonds tor a Certificate of Slock. Columbia, Sept. 17.?The court en banc tonight filed a decision uphold? ing the validity of the stolen State bonds, the court being divided?7 to 6. The bonds Involved are the following, though only one of them wti men? tioned In this case: ? 500 loads. No.. IBS.131. 171, 783. 1st and 1.477; 11.000 bonda. Nos. M7. 1.171, 1.3ft. S.IU and 3.7 78. The court sat sa banc today, called for ths purpose of hearing the Argu? ments en two cases la which the su? preme court Justices had evenly di? vided. In such eases, whsrs the case Is heard on appeal, the decltdon of the lower ourt Is affirmed unless, as ha one of the cases heard today, there la a constitutional point Involved. But When, as In the State bond csse, the ensa Is brought In the original Juris? diction of the supreme court. It Is nec? essary to can the circuit Judgeu to sit With the Justices. The argument for the relate r, Ed? ward Ehrlich, of Columbia, In the bona ease was mads by sir. W. T. Ayoock. of Columbia, while th< treas? urer was represented by Attorney General Lyon and Mr. J. William Ttaiseoad, of Edgeflsld. Is an application for a writ demon to compel the State r to exchange a certain State far a certificate of stock. It will lied that a number of State rotamsd for cancellation, were not cancelled by the bond dark. sea is. as required by nisi were again put into etreula? by ttmmerman and eventually Into the hands of Innoeent Vr. Ehrlich came Into n of Jne of these bonds and II for exchange tor a oer ttftoast of stock, the exchange being on the ground that the bond noil and void, having been can ?Bed and fraudulently reissued. The anas was brought to test the validity of this and other such bonds, a de nsTtptton of which has been advertised ha IhS public prints by the State ti The ease Of saaadan The effect of this decision li to re? cognise the validity of all the bonds which were stolen from the offlce of the State treasurer, and the treasurer will be compelled to exchange trierri ior oariulcaUMi of stock *hiu present? ed by ths holders who prove their honest title thereto. Action will also be begun to -ecover the amount lost from ths three State treasurers. Bates, Timmern an and Jonainga, or their bondsmen If neces? sary. It hi vary likely, however, that these three gentlemen will make good their respective liability without litigation. . Those dissenting are: Chief Justice Pope. Associate Justice E. E. Gary, and Judges Rrnset Gary. Klugh. Prlnee sad Hydrlck. The dissenting opinion by Eugene B. Orry, after reviewing the history of the case says thst ths first question Is on the right of mandamus of the petitioner, bringing up the csse of Lord, treasurer, where the court held thst mandamus wilt only Us to en? force a ministerial duty, not a discre? tionary duty. The opinion then says that when a bond Is surrendered and a certificate of stock Issued In ex? change, It lose Ma legality as .a subsist? ing obligation of the State and cancel? lation was not a condition precedent upon which the validity of the certifi? cate of stock, which was to be Issued Id exchange, depended, and such re? quirement was required simply to prevent fraud after transaction be? tween the holder of the bond snd the State had tsrmlnated. 'The question." the opinion con? tinues, "whether the petitioner Is a bons tide ho?der Is not ministerial but strictly Judicial In Its nature and the action of ths treasurer Is not subject to review by this court The attorney general, however, did not urge this queetlon nor the question as to the actual notice the holder had that the bond was not good, and however the tight of the treasurer to Issue a certi? ficate of stock Is a question of power and must be determined under the Act of 1811. wh'ch riearly shows that the legislature had under contemplation but one lssuekof stock for a bond, and the treasurer Is not authorised to make a second Issue." The bond debt case* are quoted to uphold this, where the court held that bonds In the hands of bona fide holders can only be re? garded ss valid d? bts. As to the issuance of additional stock Justice Gary holds that If the Act be construed that wav there would he no reason why there should aa| be a third and fourth Issue. The case as quoted above. that bonds Issued without authority of law are void even In the hands of bona fide holders that If the duty enjoined upon the treasurer to Issue a second certlflcste Is not min? isterial the court has not power In rnsndsmus nroceedlngs and the action )e in rtff- . ? ' ' which Is gftseonjtl'uil si- \e*s and ftOOTftlKHN RAILWAY POTS ox a .special ( Alt PROM Char? leston. Freight shipped 1 in>m Charleston at 6 P. M. Will lie l>ellvere<l Not Later Than 10 oYlock A. M. Next Morn lug?A (iood Tiling for Both Char? leston ami Sumter. The Southern Railway has Inaugu? rated an express freight service be? tween Charleston and Sumter, which will be of great benefit to the mer? chants of this city and will be highly appreciated by them, since It will be the means of Insuring the prompt de? livery cf perlshahlo goods shipped from Charleston, tor a lonj lime there has been ft gfufct deal of dissat? isfaction among the merchants, who buy goods In Charles, on. over the de? lay In the delivery of Charl?ist??n freight, and the Southern Railway, realising that the service wa? not what It should b?., has taken radical measures to put an end to delay In Charleston shipment*. Beginning with this morning the Southern will ope? rate an express freight car out of Charleston direct to this city. All freight delivered to the Southern In Charleston before 6 o'clock p. m. will be loaded In this car and sent out that night, arriving h?re at 9.80 a. m. Ifta ?ic?t morning. Mr. J. R. Clack, the local agent, ha* been instructed to give th's car the preference and to have It unload? ed Immediately upon arrival, so that (ho freight can be delivered not later than 10 o'clock tv?ry mornini. He haa been Inatructed to employ as much help aa may be necessary to In? sure the prompt unloading of thh car at all times, and to notify, by tel? ephone or otherwise, each person for whom freight Is received, immediately upon Its arrival. This car will be operated dally, re? gardless of the quantity of freight, but It la ths expectation of the South em officials that It will be well pa? tronised by the merchants of Sumter, for whose benefit the service has been Inaugurated, and that it will be profit able to the road. DISPENSARY SALES. The Liquor Business of Several Coun? ties) Showed Marked Increase Dur? ing August. Columbia, Sept 23.?Dispensary Auditor West's report for August shows that the liquor busin as* in the ?ajfVra] OUattSS A\as larger In Augu t than in Juh. The ? 'Ut! -ah - for Au? gust were tttl.TSO.li against $208. MC.#8 for July. 1 greatest incrnane era la ChaxleaWu me sales Jumped from $17.092.44 In July to $41.002.75 In August. In several oth? er counties the sales were larger. In Sumter county the aalea totaled $11. 589.20 In August against $10,570.40 In July. SOUTH MAKES FIXEST THREAD. Mill Near Columbus, Ga., Can Pro? duce Numbers aa High as 100. The finest thread .In the world la now twlated on aplndles driven by the falling waters of a river In the South. Numbers as high as 150 are spun at this plant, which Is located on the Chattahochee river, one mile north of Columbus, Ga., at the point where powerhouse No. 1 of the Co? lumbus Power Company has been es? tablished. A. HALE ON TRIAL FOR MURDER. Vllcgvtl to Have KlUed Llllle Davis In ' Fast Hill Cemetery at Bristol. Knoxvllle. Tenn.. Sept. 24.?The trial of Ack Hale, charged with the murder of Llllle Davis, was begun at Blountvllle, Tenn.. thla morning. Hale was Indicted on the charge of mur? dering the girl In East Hill cemetery at Bristol, Tenn., on the night of March 27 last. A bullet hole was In her breaat and Hale claimed *he com? mitted suicide. He admitted having gone to the cemetery with her. He had paid her attention. Her death occurred a few days preceding the date upon which she was to have been married to a wealthy coal operator Halo's brother, Roy Hak, is under In? dictment on the charge of murder of J. Irby Davis, a brother of Llllle Da? vis. A probable theory In the Ack Hale case will be that ho wanted to remove the girl because Of testimony It wa? expected she would give In the trial of Roy Hale. All parties are prom? inent. The lury was completed before court adjourned tonight. From n Ifjaaaal venire of 150 men six Juror* were secured and from another venire of 22 men the remaining six were put In the Jury box. The first witness will he examined tomorrow morning. The prosecution Is confident that It will be able to ?Mile out a strong case, while the de? fense Is relying on the fact that there were no . ye wRneases to the tragedy and Rate'i paratsten! claim that th< girl suicided In his pres. nee. One of the Oldest Retiming Ortind iMikes of t.erioanv I*ii?m'h Ahwhv. r.eiiin. sept. 28.?Grand Duke r ? Irl \ * ffn^an, nne -* tV nMcM reign! u ? ? i hikes ol ih? ilertnnu !empire, i. PIIIVATEER SCHOOL AFPAIRS. A further Coiitrll)ution |o the Dlscus sloii Growing Out of I'll hiic School Consolidation. Privateer, s. C.t Sapt 27.?I know that you and the public are getting tired of the "Privateer School Affairs," so I will try In this article to clear my? self of the "mass" of certificates, etc.. that is arrayed against me this week. Really enough to appall a poor farm? er boy. There are now two questions in? volved. 1st. Was this committee a self-appointed committee? or was It a committee appointed by the authority of the schools for the purpose of lo? cating two schools In Western Priva? teer? 2d. Was Mr. Cain secretary of three "mass" meetings of the citi? zens of Privateer? I will take up the second question first?for in the proof of this lies the answer to the first. Xow as to the certificates, and 1 wish It distinctly understood, I do not question the ve? racity of any one of the signers of this certificate, but their judgment and understanding of what they sign? ed. I will state that I do not ques? tion Mr. Cain's claim to having been secretary of' "three meetings." but j three "mass" meetings. Xow to show j the worth of the certificate. On the day of the second meeting, Xo. 2, we will aay: Where were Messrs. J. M. Jackson, B. J. Jackson, K. T. McLeod, W. O. Cain and J. R. Kolb? Were they present and did they remain dur? ing the entire meeting? At meeting Xo. 1, where was Mr. Jno. P. Ingram? Xo. 3. Where was Mr. S. A. Harvln? If any of these gentlemen were absent from any one meeting, how could they certify as to three mass meetings and who was secretary? Meeting Xo. 1 was really a "mass" meeting, only It was not legally and properly advertised as was stated by several during the meet? ing. Now, Mr. Editor, comes the test of the whole question. What kind of a meeting was the second? No. 2. At the first meeting a resolution was passed recommending to the trustees, to build two graded schools-?one In Eastern and the other n Western Privateer?subject to the approval of the schools. All of the schools ex? cept the "Red Oak" held public mass meetings at their school houses of their patrons. Mr. .1 M. Kolb, who had something to bb'j this wsaki called a meeting of Ha Red Oak pa i >i i and nd youi I correspondent wars the only ones who I attendedt therefore there was no meeting of the patrons of the Red Oak school. Mr. Kolb did go around, I heard, and saw the patrons sepa? rately, but there was no public meet I Ing of the patrons of the Red Oak I school for public discussion and con? ference, and no delegate, committee man nor anything else, authorized by I a public mass meeting of the patrons lof the Red Oak school. 8o much for I the Red Oak school. Xow who was I authorised to represent, and who I represented by authority, the "Red I Oak" school? Yet In the third meet ling Messrs. J. M. Kolb and W. O. I Cain (who has not been been a patron I of the Red Oak school for four years, I but the Bethel school), represented I the Red Oak school. I The other schools held their meet lings and elected delegates to report to I the trustees what they had decided up lon. This constituted the second meet | lng. The following schools were rep | resented at that meeting, Providence, I Bethel and Olli Qall by delegates ap I pointed at their regular meetings. I The Tlndal, Mellett or Jackson, the I Red Oak and the Ingram schools I were not represented by elected delc I gutes, besides these delegates there I were about eight or ten spectators, as I It were. I will state that there were I about six delegates. The business of I this meeting was to hear reports I from the schools. Providence reported In favor of onsolldatlon, Bethel reported In fa I vor of consolidation provided a suiti: I ble location could be had. Qtll Gad j reported against consolidation. There I were statements made from the In Igram. Mellett, Tlndal and Red Oak I schools by parties present, but they I stated at the time that they were not I delegates from these schools nor pa Jtrons thereof, except Mr. J. M. Kolb I from the Red Oak, who stated his I conference with the patrons In a prl I vate capacity. This was meeting Xo. I 2. and this Is the meeting that created I meeting Xo. I, with the exception of I the Ingrnm school delegates, which, I by th?i way, was the only delegation I authorized by their school to act In I meeting Xo. 3. A resolution at meeting Xo. 2 to I appoint two delegates from each I School In favor of consolidation, to I meet with the trustees and locate the j SChOOl, for Up to this time only one j school in Western Privateer had been Idiscussed at all. Now comes In the I self-appointment. Remember one meeting. No, 2, now is composed of six delegates. This meeting appoints six delegates, or s committee com11 posed of six, two euch from the Mel? lett. Bethel and Red Oak schools, to compose meeting No. :t, and gave Mr. .inn f In gram who was present not as n deb gal ?. tie ?rl ileg ?' seeing lo* school and Irvin? : ? v. reconsider a former vote adverse to consolidation, and to represent his school by petition, which he did and thereby the Ingram delegation In meeting Mo. 3 was the only one real? ly authorized by its school. Now we came to meeting Xo. 3. which was composed of two delegates from the Red Oak School, appointed by meeting So. 2. Messrs. J. M. Kolb and W. O. Cain, (a patron of the Bethel School.) The delegates from the Mellett or Jackson School, which was not represented at meeting Xo. 2 when their delegates to Xo. 3 were ap? pointed, and Instructed and author? ized (?) were Messrs. J. M. Jackson and B. J. Jackson. Bethel School was represented by Messrs. Strother and W. G. Wells. Of them I would like to ask at what meeting of their school did they get authority to lo? cate two schools In Western Priva? teer? W. O. Wells in meeting Xo. 3 stated publicly that he had received no authority from his school to locate oven one school and the purpose of his school had been so changed, he would not vote at all, as he did not know the wish of his school In the matter. This Is meeting No. 3 strict? ly for It was contended by one of the delegates and sanctioned by all, chat it was a "Committee Meeting" and none but the committee were entitled to vote, and none others did vote. I forgot to say that Messrs. Jno. F. Ingram and R. F. McLeod represent? ed the Ingram School by petition from their school. Now Mr. Editor this Is the meeting composed of eight delegates or com mltteemen that changed the plan and recommendation of meeting No. 1, (which was one of the largest meet? ings I ever attended in Privateer) from one school In Western and one in Eastern Privateer to two in West? ern Privateer, this committee of eight, one declining to vote, as stated above. I will eay In justice to Mr. W. O. Wells that there Is not a stronger advocate of Improved schools In Prl teer yet he declined to vote aa he stated that he did not feel that he was authorised by his school. I will not array one set of citizens against another by certificates. I leave the public to Judge. Tou will note that the names to Mr. Cain's certificate in greater part composed the committee of eight of meeting No. 3. Of course they were obliged to have understood it In this way or they could not con scientlously have voted In No 3, For the s.tke of brevity I have never before attempted an explanation, but I hav.? explained as I and many oth? ers, more than have c* r iflerl. hav* se< ti and und'-r?iuod this matter and now I leave it. It do not wish to re? flect on any one, and have only tried after being criticised to defend myself. I missed one of these meetings my? self and had to rely on what a number of my friends reported this No. 2 meeting to have been , and also what I could gather in meeting No. 3. I have tried from what I heard In these meetings myself, and what I could gather by careful investigation, to give a clear, correct statement of facts, and I believe Mr. Cain's min? utes. If he kept any, will bear me out in this statement It is a fact that his minutes. If he kept any, were not verified or approv? ed by either of the meetings, therefore worth no more than arty other testi? mony from citizens present. I will not tax your's or the public's patience again unless forced to do so Respectfully, Marlon E. Rivers. INSTRUCTIVE, INTERESTING. ?'Correct English: How to Use It"?A Mouthy Magazine Devoted to the Use of English?Josephine Turck Baker Editor?Partial Contents. Course in Grammar. How to Increase One's Vocabulary. The Art of Conversation. Shall and Will: Should and Would How to Use Them. Pronunciations (Century Diction? ary). Correct English in the Home. Correct English in the School. What to Say and What Not to Say. Course in Letter Writing and Punc? tuation. Twenty Dally Drills. Business English for .the Business Man. Compound Words: How to Write Them. Studies in English Literature Agents Wanted. $1 a Year. Send 10( cents for a sample copy. Corrcrt English, )-30-3t&\v Evanston, 111. Spencer Jennings, Jr., while work? ing In a planing mill in Saluda county caught his arm In the machinery and the flesh was torn from around the elbow. The contract for the survey of the Georgla-Carollnn road to connect An? derson, S. <\, and Athens. Ga., ha been awarded to DeCamps and run dngham of Anderson. The business men of Greenville, ir.ive organised an association for the purpose of set lng U> It that cotton sol.i from the we sons In Ihst rlti SOUTH CAROLINA NEU?. Items <>f Interest Condentrd ami Tar agraptied for Quh k Reading. Senator Otts of Cher<>k?-e count) has declared himself In favor of Stab prohibition. The Orangeburg Evening News has been enlarged to a six column pa? per. "German Day" was fittingly observ? ed in Charleston September 26, with exercises at the Seheutzenplatz. A true bill was brought in Friday at Aiken against the Fallaw brothers, charged with murder. Rev. Robt. Adams, of Laurens, has been elected president of the Presby? terian College at Clinton. The old state arsenal building at Beaufort, built In 1796, is being re? built. The late Hon. J. Fant, of Union, left the sum of 110,000 to the Baptist Church at that place. Tho residence of E. D. Andrews, president of the Durst Andrews Co., at Greenwood, was destroyed by fire. A colored man sustained injuries while working in a cotton gin at Manning which resulted In his death. Willie Hughes has been lodged in jail In Alken on the charge of killing Willie Page. Both are colored. Gov. Ansel has been invited to at? tend the Confederate reunion to be held in Augusta. The bank of Taylors was organized at Taylors Tuesday with a capital stock of $20,000. J. W. Kendrick is president. Mrs. Ethel W. Blair, convicted in Columbia last week of the killing of her husband, has given bond in the sum. of $2,000. President E. D. Smith, of the South Carolina Cotton Growers' Association, says that the farmers will win in the cotton fight If they hold for higher prices. Groceries valued at $50, stolen from the freight depot at St. Mat? thews, were found in the house of a colored woman. Mrs. Susan H. Long, wife of Capi. T. D. Long, died in Greenville. Sh-2 was a niece of the late Gov. B. F. Perry. H. V. Leopord, an operative in the Laurens Cotton Mills, was awarded $11,000 damages I >r injuries received Iii the mill four years ago. A cow held up a Seaboard Air Line train near Chester. The cow got on the tracks and refused to get uil. The train was stopped and the crew hurled rocks at the cow to make her "move on." The railroad commission has order? ed the Southern Express Company to show cause why its office at Ches? terfield has not not been reopened. The hearing will be held October L The buslnes men of Bamberg are taking steps to organize a company to build a railroad from that town to Walterboro via Erhardt. F. Cal Caughman, a well known citizen of Columbia, fell from a tres? tle near the waterworks plant In Co? lumbia and sustained serious Injuries. His condition is thought to be critical. G. Raymond Berry, ex-superlntend ent of education of Marion county, was brought from Tampa, Fla., and lodged In Jail in Marion on Saturday under afi old charge of embezzlement and forgery lodged against him while ocupylng this office In 1903. HOLLISTEHS Reeky Wo::^3in Tea" A Ba?- to. iiilne for Easy te**U. "rings Goldeu Health and Huaowe.. 'ii6ci. _ tineeinc i'or C^n^t:nation, IndI re* Son, T.be ? a'' "*i?'.r 'v Treueid?, nssntes, l /':mi, hnper . n.. l Breath. Hl-iesj*stl Bowel.?, H.-udaci. jjsekscbe. It** Rooky Ifousrsln iva in tn* k f<*vr*'i, h." * |w?v. *" ? in ? ?i. ,rttS L>... .. ? srt X ..._ >?'.;. flUgj KiKISTS FOr, SALI/.// r?0f>?E ORINO Laxative Fruit Syrup Plaasant to take The new laxative. Doea not gripe or nauseate. Cures stomach and liver troubles and chronic con? stipation by restoring the natural action of the stom? ach, liver and bowels. Refuse aubetltutea. Prion OOo? SIBERT'S DRUG STORE. PATENTS PROCURED AND nsrENDC0.18/ndmod?M a raw l or photo, for expert aean-n anil f ret- report. I Free SSVfcBS, how to obtain patent*, trade warka,] copyright*, etc.. )N ALL COUNTRIES. Business direct tviik Washington saves time%\ money and often the patent. Patent and Infringement Practica Excluslvaly. Write or como to un at OSS Ninth Btrwt. opp. UaiUa SUtw Patost Offlc?,| WASHINGTON, D. C. ner: SORES.BUI Rheumatism 25? YOUR LIVER is your best friend or your wont enemy. ^ Active it's your friend. Torpid it's your enemy, and ka army is Constipation. Biliousness, Sick Headache, etc AUD T02TIO PXLLBTS make active, strong and healthy,, livers, preventing and relieving liver troubles. Complete Treatment 25o. , MULDROW'S DRUG STORE. Garden Seed. This is the gardening season. We have a full supply ot the best test? ed garden seeds. For years LANDRETH'S SEEDS ' Have been recognized as the best. Let us sup? ply you. DeLorme's Pharmacy Drugs and Medicines. Do You Enjor What You EatT Yoa can eat whatever and whenever yea like If you take Kodol. By the use of Una remedy disordered digestion and diseased stomachs are so completely restored St health, and the full performance of these functions naturally, that such foods aa would tie one into a double-bow-knot are eetasj without even a "rumbline" and with a posi? tive pleasure and * tjoymenL And what I? more ? these foods are assimilated ant trans? rmed Into tha kind el nunrUnanrsasl s appropriated b/ the biood and tissue. Kodol ts the oni/ d'^cstar.t or combination of cigftst?o'.'i2 that . digeel all classes of food. In addition to this fact, it contains, Un assimilative form, the greatest known to nie and reconstructive properties. Kodol curec indigestion, dyspepsia and aft disorders arising therefrom. Kodol Digests What Yon Eat Makes tha Stomach Sweet. Botties only. Regular size. $ 1.00. holdine 2% UU the trial size, which sells for SO cents. Prepared by E. a DeWITT A CO., Chicego, I For Sale by all Druggists. \ BcRLAINf! A fe* ?lo*es of this remedy will In? variably cure an ordinary attack of diarrhoea. It cau always he depended upon, even in the more severe attacks uf cramp colic and cholera morbus. It is eqttaMy successful for summer diarrhoea a.d ch. >kra infantum in children, tM is the means of saving the lives of many children each year When reduced with water and eweetened it is pleasant to tako. Even* man r>ra family should keep this remedy in his home. Buy it Mow. Price. 25c. LafgeSizf. tVJO. Weak Women To weak and ailing women, there Is at beat nan way to help. But with that way. two tf must be combined. One is local, one is Uooal. but bcth are important, both Dr. Snoop's Night Cure is the Local. Dr. Bhoop'S Restorative, the Constitutione!. The former? Dr. Shoop' 8 Nif ht Cure?Is a top mucous membrane suppository remedy, while Snoop's Restorative is wholly an Internal a meat. The Restorative reaches throughout entire system, seeking the repair of all as all tissue, and all blood ailments. The "Night Cure", as its name Implies, dose work while you sleep. It soothes sore and in! ed mucous surfaces, heals local weaknesses discharges, while the Restorative, excitement, gives renewed vigor and ttTTiK*tfrHk builds up wasted tissues, bringing about renewal strength, vigor, and energy. Take Dr. Shoes/a Restorative?Tablet*, or Liquid?as a general tonte to the system. For positive local help, use as waft Dr. tShoop's Night Cure SI BERTS' DRUG STORE. kill? couch and CURE the LUNGS m Dr. King's New Discovery forC 'ONSUMPTION OUGHS and /OLDS Price 60c a $1.00 Freo Trial. Phi rapt <*nr\ OmrVnst P^ro ?>f ?it I \ 't I.. '?. > AT I.VNCJ i,v>-J sT?l? i LES. oi MONEY BACK