The Union times. [volume] (Union, S.C.) 1894-1918, September 08, 1905, Image 5
We Are After You
With the Biggest, Best
and Cheapest line of
FURNITURE
in the city of Union.
T *
we nave just received
FIVE CAR LOADS
of new, up-to-date Furniture,
bought in the
0 right markets . .
AT THE RIGHT PRICES
Our purchasing power
enables us to get values
which cannot be excell=
ed in Union county . .
WE WANT YOUR BUSINESS.
Remember we now
have the greatest line
of Furniture that has
a ever in all our business
life been on our floors
For the finest suit of
Furniture ever shown
by any house in the
city of Union, call and
see it.
Yours For Business,
fl. W. Bobo.
1
ARRIVALS AND DEPARTURES! Miss Bernard McWhirter, of
| Jonosville, visited relatives and
Or tke Double Daily Passenger Trains, friends in the city last week.
Union, S. C. Sidney (Joss left Wednesday for
Train going North 9:00 a. 111. Clcmson college where he will enter
44 44 South 11:35 a. m. college for the following term.
44 44 North 2:35 p. tn.
44 44 South 8:53 p. m. Mr. Lewis W. Perrin, of AbheTlieae
trains only muke a few min- ^dle, spent a few days at the home
utes stop at Union, so that the hours of Mr. G. C. Perrin last week,
of arrival are practically the hours of
departure. Any change in this sched- Dr. H. L. reliefs, who has been
ule will be published in Thk Timks for visiting relatives and friends in
the benefit of the public generally. Greenwood, has returned to the
city.
Local News Notes Mr. W. H. Gilrcnth has resigned
his position at the Rice Drug Co.
Points Personal and Otherwise and returned to his home at GrcenPicked
up and Paragraphed villc'
by Our Pencil-Pusher. | Misses Pearl and Maud Goforth
arc visiting relatives and friends in
Mr. B. F. Alston spent Sunday Spartanburg and York counties thisin
the mountains. week.
Mr. Alfred T. Willis is now with Mr. Herndon Sharpe and Brunsthe
Rice Drug Co. wick Sharpe, of New Orleans, arc
,* . . . ... visiting the family of Mr. W. E,
Mr. bpencer Perrin is visiting r.?
relatives in Spartanburg.
.. , . Attorneys W. Boyd Evans and
Mr. RionMcKiasiek has been in UwBon p. Melton, of Columbia,
the mountains for several days. were in the city Monday on profesMr.
J. W. Vineent has accented sional business.
a position with the Octzel Hardware Misses Blanch and Catherine
Thomson gave a delightful little
Mr. B. W. Sexton, of Darling- d"ncc Wednesday night at theii
ton, is visiting his parents in the home, Herndon Tciracc.
Mr. Lafar Lipscomh, who ha*
Miss Lydia Hodgers, of Charles- l>een engaged in the survey of the
ton, is visiting Mrs. A. G. Ward- U. and G. S. railroad route and the
law. ^ electric power line from Neal Shoal*
for the past few months, returnee
Mr. J. II. Spears is adding two to his home ih Gaffney last Satur
rooms to his dwelling on South day.
street.
Marrieel, on the 27th August
Mjijs Bessie Long spent Sunday 1905, at Rehoboth church, Nortl
. with her parents Mr. and Mrs. J. Pacolet, John O. Tate and Mrs
G. Long.
Francis pifapn, IJey. L. Jt. Gainei
Dr. H. K. Smith and son Harold, olHciating. Many friends wcr.
loft Sunday for a trip to Now York PrTnt ""d co"grat"latlolla wc"
and other pointo. profuse.
Mrs. Watson, of Itidgaway. is . I)r. J. M. Farr and wife returnc.
spending a while with her daughter ^ko .Clty' Florl<1"' Monday
Mrs. J. W. Mixon. Dr. Farr is now vice president o
the Florida Stato University ant
Stanyarne Wilson, Esq., of Spar- business connected with the insti
tanburg, was in the city Monday *ute J1 ? !lim <rar l.er '10
on professional business. ginning 01 tno sciiooi exercises.
%r u u t> i fn ii Robert Ray Humphries and J
i* ? r?' i Brownloe, of I onalds, Qjenn Osbom made application am
8 C.. has accepted a position with Btuo(1 tho entrance n'nd beneficiar;
tho I nion Drug Co. scholarship examination for th
Misses I/ouisc and Sydney Gage 0itadcl ln8,t Th? canc;
aro spending a few days with Miss ??,u^ oy .! t^ra f
houi&o Browning in Sedalia. Mr' Smith. Union count;
is entitled to one;
UNION'S DISPEIS
By Battle of Ballo
Legal
CASE HEARD
House Crowded With Eog
Lawyers Make (j
New Moti<
The ease of C. Burnett, plaintiff,
against R. M. Fincher, Elzic Kelly,
W. D. Wilkins, members county
board of control, G. C. May, J. G.
Howell and J. R. Askew, county
dispensers, with the names of T. .T.
Betcnbaugh, Joseph Sanders and E.
C. Howze as new defendants made
parties by petition, the return to rule
issued by his Honor Judge I). A.
Townsend, to show cause before
him Monday, Sept. 4th, 1905, was
heard at 11 o'clock on that day.
\V. Boyd Evans and T^awson D.
Melton attorneys for the plaintiffs,
J. G. Hughes attorney for the
county board of control and the
county dispensers, defendants. Attorneys
Stanyarne Wilson, B. F.
Townsend and J. A. Sawyer represented
the co-defendants Betcnbaugh,
Sanders and Howze.
The reading of the complaint was
dispensed with as the Judge and
the parties before the court were familiar
with the allegations and relief
sought. Mr. B. F. Townsend
then arose to read the return of the
co-defendants who had subsequent
to the tiling of the original complaint
been made parties defendant
by petition. Mr. Melton objected
upon the ground that the
plaintiff had no notice of the pro- ]
I i i i *
cccuing wnicn made them parties 1
or of their return. Mr. Wilson re- 1
plied that the law did not require
these defendants to serve any such i
notice upon the plaintiff in a ease <
of this kind. Mr. Melton withdrew j
his objection and Mr. Townscnd 1
then proceeded to read the petition 1
of Bctenbaugh, Sanders and Howzc 1
praying to be made parties, also the 1
order granting the prayer. He 1
then read the return of these de* <
fendants to the rule to show causo, I
which return contained substantial- i
4V? ? IuvUj uiivl ulligdtiOnB COll" I
tained in the petition, upon which ]
they had been made parties. This 1
return was supported by affidavits 1
in proof of the fact that one-fourth i
of the qualified voters of the county '
as appeared upon the registration 1
books had signed the petition pre- i
sented to the county supervisor ask- i
ing for an election upon the qucs- 1
tion of dispensary or no dispensary,
also affidavits of prominent citizens
of each township verifying the correctness
of the corrected registration
lists. This was necessary owing to
the fact that the registration books
contained names of many who had <
died and of those who had long
since ceased to be residents of Union
county, and another fact made it 1
necessary that those lists lx^ gone
over by men who knew the men of
each township and of their resi
<iemy, was mat sonic names appeared
upon the petition handed to
the supervisor different from the
way they appeared upon the registration
books. For instance Joe
. Smith was on petition and J. M.
. Smith on the registration l>ooks, although
one and the same man. Mr.
J. F. Caudle, Revs. J. K. Hair, J).
M. McLeod, L. M. Rice, F. H.
' Poeton all joined in an affidavit as
> to the correctness of the Union town
ship list of qualified registered voters
and of the fact that the said petition
contained more than onefourth
of the qualified voters of the
county according to the registration
books. That the registration l>ooks
only contained 1840 names, a fourth
i of this number is 4(H), the petition
) had after crossing out such names
) as they did not find upon the cori
rected registration lists 404 names
I of qualified voters, thus giving an
- excess over one-fourth of thirty-four
names. This was a strong point in
denial and rebuttal of the allcga'
tion in the complaint that there
1 was not upon said petition one
fourth <>J the implex of the aUHluUul
4 voters of the county. Affidavits in
' rebuttul and denial of those affidavits
L> attached to the complaint with reference
to certain names being on the
j petition without authority. That of
A. B. Burgess, the affidavits of James
f G- Long. Arthur Long. Samuel Black.
1 Samuel Gregory, J. G. Gallman all
. say that they were present in the
_ store of J. G. Long and heard A.
B. Burgess tell J. G. Jx>ng to sign
his (A. B. Burgess) name to the
petition, that A, B. Burgess saw J.
1 G. Long when he signed his name
Y to tho potition, yet A. B. Burgess
o made affidavit that he had not
/ signed said petition and had not
f authorized any one to do so for him.
The names of J. B. and J. F. Wil!'
banks had bean put on the petition
ISAMES CLOSED
ts and a Brilliant
Tight.
ON MONDAY.
er, Enthusiastic Citizens,
iood Arguments,
on Made.
by their brother, but as their nanict
did not appear upon the registration
or tax lw)oks, their names were
stricken from the petition as were
other names under KimiW
tions. The allegations of fraud and
misconduct in the election in that
there were some allowed to vote
who had no right to vote and some
denied the right to vote who were
qualified, were unsupported by any
affidavits or oral testimony, therefore
the defense had nothing to reply
on that charge. After Mr.
Townscnd had finished reading the
return and attached affidavits, J.
Gordon Hughes, Esq., read the returns
of the county board of control
and county dispensers. This return
or answer admitted every material
allegation in the complaint,
and attacked the constitutionality
of the' Briee bill where said bill deprived
any county in the State in
which there was no dispensary of
her proportionate share oj the money
arising from the profits of the sale
of whiskey, to make up the defici...1
1 " 1
snv.j, wjiwv iu?? limit inree dollars
per capita of the school children in
jach district was raised by the constitutional
school tax of :? mills,
rhis concluded the reading of the
papers and both sides having so announced
the court called for arguments.
Mr. Melton then in the form of
i preliminary motion asked the
court to discontinue this hearing
md to appoint a referee to take testimony
upon all the facts connected
with the case, in support of the allegations
of the conjplaint, saying
that it was not posiblefor the plaintiff
to get all the facts in the form
nf affidavits, that the affidavits now
liefore the court were not sufficient
Linon which a. lopnl, and, correct decision
could l>e made. He cited the
Pickens case, in which Chief Justice
Pitpo declined to hear the case upon
the affidavits and had appointed a
referee to take testimony. Judge
Townsond declined at this stage of
the proceedings to pass upon the
motion, but decided to hear the
arguments upon the returns then
before the court in obedience to his
rule to show cause
Mr. Wilson asked Mr. Melton for
the legal points and authorities upon
which he expected to rely. Mr.
Melton said he would urge at this
time the consideration of the Court
only one ground of unconstitutionality
that was the time of holding
the election, quoting the provisions
of the constitution and the statute
fixing the day and date of holding
elections, that the law under which
the supervisor had ordered the election
upon the question of dispensary
or no dispensary fixed no day for
holding elections. That the supervisor
under the act of the general
assembly which did fix a day, had
no right to fix any other day, that
therefore the election was null and
void, as it was held in violation of
the constitution and the general
election law. That it was a technical
violation even though the manner
of holding and declaring the
result was in conformance with the
general election law. Mr. Melton
urged and argued this point with
great vigor and earnestness, he was
however more eager to have the
whole matter referred to a referee.
Mr. Sawyer then made an argument
upon the principle facts established
and proved beyond doubt by the
defendants Betenbaugh, Sanders
and Howze. He also quoted some
law in support of his position upon
the election being legal. He made
a matchless argument in support oi
the facts of the law, and carrying
out the wishes of the people ;W ci$'
8rp,StH\l (?/ Ihepi in their vote or
io?l5th of August, 1905. lit; was
followed by Mr. Stanyarne Wilson
who began l>y saying that Mr. Saw
yer had so thorougldy covered tin
ground of their defense, had lef
him but little margin. However,
Mr. Wilson seomcd to find plenty
upon which to elaborate, lie re
viewed Jhe testimony closely, am
showed by the undisputed facta
that the petition asking for an elec
tion, the conduct and conformance
to the law in holding the electioi
had been fully carried out in ever
particular, in reply to the allega
tions of a technical or irregularity
in elections he quoted from the En
cyclopedia of law in which ease
were cited where it had l>cen re
poatcdly held that mere technieali
ties ^nvi irregularities in an clputiui
BHHHHHHHieH
ENT OF THE RESOURCES OF M
k of Union, S. C., ?
rowth for Four Years,
ust 21st, 1905. w
102 iUG,S7G.50 ^
>3 $232,402.07 ?
1902 $55,555.57 ?
04 $271,694.53 I
902 $ 124,515.03 8
5 $329,135.561
*.$132,312,061
?> I 1 ? | |? ? w 4MMlMwaki
I MMS??''PSM?SB9
fcn COMPARATIVE STATEM
j. 1 The Peoples Ban
jjBEj Showing Relative G
Ending Aug
^ August 20, IS
$? August 20, I9(
?? Increase over
If August 20, 19i
1 Increase over 1(
: | Aug. 21, 190:
1 Increase 3 Yn
I THE PEOP
B. F. ARTHI
mmwmmmw??
{IT'S LP
I TO YOL
? In buying goods to e:et all o
f* The question of where shall
cided after examining the st
learning their price. WHY
Reason 1. They are car
J both in freight and price.
J Reason 2. They do a gi
w selves and effect a saving th,
profit.
Reason 3. The volume <
that they can afford to make
1. Our last and best reason
JT willing to live and let live.
W salespeople. We'd be glad
You are welcome whether y<
?L
Yours Fot
% TURNER &
4.
I New Furni
Hsfig llfn A i
IVY C AKC I
NEW GOODS
Come and inspect our s
give you prices on Furni
interest to get our prices 1
We have a good i
Summer Goods.
Let us do your Repair W(
will try and please you ir
have a nice line of Pictun
our prices on Picture Frar
We Will App
Burris
Watch I
would not vitiate or make null and
! ?.i ?a.; -? 1 iii
vum uit eieuuon, unless u couki DC
shown that these technicalities and
| irregularities changed the result of
, he election, that although the coni,
plaint had alleged such, they had
t produced absolutely no proof on, thlu
, point. He also quoted decision
[ of the supremo >.ourt of this State,
: ip whiC'h'tho court reeogniml the
. light of flic people to hold such
t elections although in this case the
. court had not hecn called upon to
t I decide any constitutional question
. of the Brice bill. Mr. Wilson made
} a brilliant and masterly argument
^1 and was touching in his language
i about the effort being made to
| thwart the wishes of the people by
_! carrying this case into court. He
I ' was cheered by the audience, so
I much so, that the judge had to
' * command silence. A very strong
01 case was made out. Mr. Melton
j! replied, hut only to urge the apP
pointment of a mferec. .fudge
Townscnd took all of the papers in
Y the case, saying that he would
render his decision as early as posA
' Bible.
THE DECISION.
*| At 11 o'clock TuesJay Judge
>LES BANK,!
UR, President. ^
ut of your money you can. 2
I buy will be more easily de- ?
ock of Turner & May field and
load buyers, thereby saving ^
eat deal of their work them- 2
at enables them to sell on less
*
3f business they do is such
prices that can't be beat.
is that we are just simply 2
Our customers are our best 2
to have you give us a call. ^
>u buy anything or not. J#
* Business, 2
, MAYFIELD 3
lure Store! |
DECEIVING M
EVERY DAY. if
took, we will be glad to M
tuie. It will be to your H
before buying elsewhere. jjjj
iiany Bargains in H
Call and see them. H
)rk and Upholstering. We If
i every respect. We also H
5 Moulding on hand. Get pf
reciate a Call. Hj
5* Milling. 1
Us Grow. H
immMimmmmsiM
I). A. Townsend tiled his decree in
the olliee of the. clerk of the court
as follows:
State of South Carolina, > Court Cone
County of Union. ) nion Pleas,
O. Harnett, Plaintiff,
vs.
K. M. Kineher, Hl/.ie Kelly, and W.
!>. Wilkins, County Board of Control;
(}. C. May, J. (I. Howell and J. H.
Askew, County Dispensers of Union
County ; T. J. Hetenbangh, 10. C. Howze.
and Joseph Sunders, Defendants.
This notion was originally commenced
by C. Harnett against li. C.
May, J.C*. Ilowell and J. It. Askew
as County Dispensers, and also against
the County Hoard of Control, as named
in the title of case above written, for
1 the purposo of restraining the said
I Defendants from closing the Union
t County Dispensaries, and for the
| further purpose of declaring the clec,
tion held on 15th August, 1905, for
"Dispensary" or "No Dispensary" un'
constitutional, illegal and void. On
! 22nd August, 1005, I issued a rule
t againt said Defendants requiring them
to show cause before me on 4th September,
1905, why they should not be
1 perpetually enjoined from closing said
i Dispensaries as a result of said election
1 j held on 15th day of August, 1005, and
I in the meantime I restrained said Defendants
from so doing. Afterwards
T. J. Detenbaugh, E. I!, llow/.e and
Joseph Sanders presented a petition to
I me asking on certain statements thero;'
(.Continued on 7th page.)
v k.? ?.
\ 1