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VOL. XT,I. NO. 52 NEWBERRY. S. 0.. FRIDAY LVIA RCH 31t 11905. TWICE A WEKN150AVK
W WAHOUSE FELL
OF ITS OWN WEIGHT
NO ONE WAS SERIOUSLY IN
The News of Prosperity-Mr. An
drew Ham Painfully Injured
Prosperity, March 30.-We are
glad to see Mr.' A. P. Dominick on
our streets again after several weeks
Mrs. C. M. Boyd has gone on a
visit to her parents at Due West.
Messrs. R. C. Counts, J. M. Werts
and Miss Addie Werts went over to
Saluda Sunday to attend the funeral
of Miss Essie., daughter of Mr. T.
Samuel Werts. Mr. Werts has bur
.ed two children since the holidays.
The Loyal Temperapce Legion,
under the care of Mrs. Roebec Sing
ley, will give an entertainment. on
April 28. This will be an opportunity
to encourage a good cause.
Mrs. Amanda Bowers, wife of Mr.
J. Pat Bowers, quietly entered into
rest on Tuesday, March 27, aged 65
years, 5 months and 7 days. She was
married to Mr. Bowers in August,
1873. She was a consistent member
of Wightman Chapel. The funeral
services were conducted by her pas
tor, the Rev. J. K. McCain. She was
laid to rest in Prosperity cemetery
to await the resurrection of the just.
She leaves a husband and hosts of
friends to mourn her departure.
Di - W. C. Brown, wife and daugh
ter visted Mr. J. Y. Thompsosn this
The Jolly Dozen, together with
their invited gentlemen friends had a
jolly good time at an "at home,"
given by Miss Lilly Mae Russell on
Tuesday night. It was an occasion
of much enjoyment.
Dr. 0. B. Mayer was in town for a
few hours last week on lis return
from a visit to Miss Esf Moore,
who.has been quite sick, but is now
Quite a number of the college
boys spent Sunday. at home, return
ing to .their duties on Monday.
Mr. Meisenheimer, of Charlotte, N.
C., and student of Newberry college,
spent. Saturday and -Sunday in. town,
the guest of his schoolmate,. Mr.
Mr. Berley Kibler, of West Vir
ginia, has been on a visit to Mr. B.
Oiir neighbor across the alley has
a good joke on one of the clerks in
his store, and he takes pleasure in tel
ling what the. wild waves of Saluda
are saying to'G. A. P. when he gods
calling. Ask Ernest WV. He'll tell
Rev. C. M. Boyd will join Mrs.
Boyd at Due West early next week.
Mr. L. A. Stockman returned Wed
nesday from a very pleasant visit to
Col. J. B. Stockman's of Zion.
Mr. H. M. Boozer went to Chester
upon receipt of the news of the kill
ing of his nephew, Langdon Boozer,
by a party on Monday. The young
man was the son of a forme.- citizen
of No. 9, Mr. L. D. Boozer. We ex
tend our sympathy to the bereaved
parents in their hour of bereavement.
Mr. L. D. Boozer is now a resident
of Goidville. Laurens county.
I am requested by Mr. J. P. Bow
ers to extend his most heartfelt
thanks to the many friends and neigh
bors for their kindess to himself and
family during the recent sicknaess and
death of Mrs. Bowers.
Dr. Parker, the popular salesman of
the Murray Drug company, was in
town the past week. It is reported
that the doctor calls on more than
the durggists, but of this, this depo
n ent knoweth not.
Mr. J. Raymond Fellers, of New
berry, e 'oyed the "at home" of the
Jolly Dozen on Tuesday nigjht.
A new warehouse, built last No
vember tor Messrs. Wheeler and
Bowers, on the track of the C., N.
& L. rail road collapsed Wednesday
afternoon about 4 o'clock. Fortun
ately no one was seriously hurt. Mr.
L. S. Bowers was standing in the
door and was thrown backward oA
the floor. The roof did not fall in or
he and probably Rev. Z. W. Beden
baugh would have been crushed.
Charles Schumpert had his foot or
ankle hurt. That is the only damage
to life or limb. The cause was evi
dently from the poor class of brick
used in the building of the pillars.
There were about 75 tons of fertili
zers in the house at the time. The
roof is still intact. The pillars gave
way and the house parted, and the
building with contents fell to the
ground. Mr. Drayton Taylor had his
ebuggy unde: it and it is a total
wreck. The loss outside the build
ing will be small.
Mesdames Harry and Cole. L.
Blease and Miss Lillie and Mamie
Blease visited Mrs. F. E. Schumpert
Wednesday, returning to Newberry
on the early evening train.
Mrs. K. Baker has returned to
Greenwood after spending a week
with her father and sisters in town.
Mr. Geo. Swittenberg. of Jalapa,
a student of Newberry college, was
the guest of Mr. Bushnell Bowers
We lear from the daily press that
our young friend, Cecil Wyche, of the
Citadel is first alternate at the naval
academy at Annapolis. We congrat
ulate him on his success.
We noticed in one of the papers
last week that Orangeburg had laid
the corner stone of a handsome grad
ed school building. We wonder when
we can publish the same aews of
Uncle Mike Kempson was in town
We regret to learn of the serious
accident that happened to Mr. An
drew Ham, of lower No. 9, on last
Friday. He was driving a loaded
wagon down hill and the mules start
ed to trot with it, and in trying to
stop them he was thrown to the
ground. He was struck by the hub
of the -forewheel and doubled up and
turned over and was very painfully
hurt. Dr. Wheeler thinks that he will
be able to be up in a few days. For
tunately no bones were broken.
Mrs. W. A. Hartman, c Atlanta,
Ga.. is vi;iting Mr. J. W. Hartman
and family, of Mt. Pilgrim.
Miss Ethel Russell, of Newberry,
is visiting Mrs. J. S. Wheeler this
We regret to learn that one of No.
9's most substantial citizens is going
to leave us. Mr. Jno. A. Fellers in
forms me that he has bought the Alf.
Reeder plantation of about 350 acres
near Gary's and will move up there
this fall. While we regret to lose
Mr. Fellers it will 'be No. 4's gain. We
wish him much success in his new
home and hope to see him down our
way occasionally, at least.
The alarm of fire was sounded
Sunday night, and it was found that
an out house on Lawson Moore's
place, just beyond the incorporate
limits, was burning. It was too far
gone when discovered to sa~ve it. It
was used as a place of storage, and
there was quite a lot o'f tools, old
clothi.ag, furniture, etc., burned. The
loss is thought to be about $io0, ex
clusive of building. The origin of the
fire is unknown, but supposed to have
been caused by rats and matches.
There has been more cotton on the
market here the past few days than
for some time.
Miss Lula May Buzhardt, of New
berry, and Miss Alma Fellers, of St.
Pauls, visited. Mrs. J. P. Wicker the
Miss Lizzie DeWalt has been visit
ing relatives in the St. Philips com
munity the gast week.
Messrs. AMf. Hawkins and A. G.
Wise went to the City on the Canal
yeterAy on bnsinessL
REPORT OF REFEREE
IN PROSPERITY CASE
FACTS AS TO THE TOWN
Report Has Been Submitted to Su
preme Court by Referee H. C.
Referee Henry C. Holloway has
submitted :o the state supreme court
his findings of fact in the case from
Prosperity, wherein it is sought by
plaintiffs to permanently enjoin the
town from paying a certain note giv
en as security for debt incurred in
the erection of the town hall, market
and guard house. The c.'se is now in
the supreme court, a temporary in
junction restraining the town from
paying the note having been issued.
Following is the full text of Referee
STATE OF SOUTH CAROLINA,
IN THE SUPREME COURT.
R. L. Luther, J. B. Simpson, W. A.
Moseley. J. P. Bowers, T. A. Domi
nick and J. D. Quattlebaum, Plain
tiffs, against J. S. Wheler, as Inten
dant, and S. S. Birge, A. H. Hawkins,
R. C. Counts, and D. W. Boland, as
Wardens, constituting the Town
Council of the Town of Prosperity;
and the Bank of Prosperity, De
fendants-Report of Referee.
To the Honorable Chief Justice and
Associate Justices of said Court: All
issues of fact in the above entitled
cause having been referred to me by
an order of the honorable chief jus
tice on the 16th day of August, 1904,
to take the testimony and report the
same, together with my conclusions
thereon, I beg to report the testi
mony so taken before me and to
submit my conclusions.
I find that the plaintiffs are resi
dent tax payers of the town of Pros
perity, in *said state; that the defaf
dants, Wheeler is intendant, Haw
kins, Counts, Birge and Boland are
wardens, as such, constitute the town
council of said town of Prosperity.
I find from the cash book of the
town council that its receipts and
expenditures for the fiscal year com
mencing April 22d, 1902, and ending
April 21, 1903, as follows:
Cash on hand beginning fis
cal year............$ 217 O4
income from taxes (2 1-2
mills levy) .. ......-.-.313 06
Income from rents, fines,
etc. .. .........--.-.1302 og
July 11. borrowed P. B. &
Trust Co. . . .. .. ...--960 0a
Aug 23, borrowed Prosperity
Stock Co. .. ....... -.. - 45 00
Sept. 8, borrowed Prosperity
Stock Co. .... ..-..--.--.10 00
Sept 8, borrowed Bank of
Prosperity .. .. ......--..587 47
Jan'y 10, 1903, borrowed
BanBk of P. .. .. .-.-.-..-0oo 00
Sept. 8, paid Prosperity
Stock Cos (notes) .. ....$ 55 00
Dec. 8. paid Bank of P.
(discount on note) ........48 40
Jan'y 10, 1903, paid P. B. &
Trust Co. (note) .. ......woo0 o
Jan'y 14, 1903, paid Bank of
P. (discount note) .. .. ....8 77
Cash paid on town hall build
ing .... .... .... .....214r 0o
Paid on ordinary current ex
penses of town .. .. .. ...I44 35
- $4470 53
I find from the cash book of the
town council that its receipts and ex
penditures for the fiscal year comn
Imencing April 22, 1903, and ending
April. 27, 1904, as follows:
Cash on hand beginning fis
cal year .. .... .......$ 21! 74
Income from taxes (2 1-2.
milsmevy).., ......3! 90 o
Income trom rents, tines,
etc. .... .... .... .... 833
.. .. 28331
I Junc 23. paid B. of P. note
(Pr. Stock Co.) ........$162 00
Jan'y 7. 1904, paid B. of P.
note .. .. .. .. .. ... .. 600.oo
Jan'y 27, 1904, paid interest
note overdue............4 40
March 9. 1904, paid B. of
P. note ............. So oo
Paid ordinary current ex
penses of town ........ 897 56
I find that on the 19th day of
March. 1902. upon due notice first
given by the town council, some 65
to 75 out of Qone go to ,5 of thC reg
istered --ters of the citi. -ns of the
town of Pro::perity. as it was the.
custni tc. do in early spri.-i -issem
bed, atid a: which meeting t- lea-t
one ol plaintiffs w s preser . :n the
high - -)ol :.e i4ing for tr, ; ri :.
of nominating an intendant and war
dens to serve for the ensuing fiscil
year. The testimony is, that after the
nomination a resolution was intro
duced to the effect "that it be the
sense of this meet: ig" that the coun
cil to be elected be requested to pro
cure a suitable lot and to build there
on a town hall, market house and
guardhouse. This resolution was car
ried without a dissenting vote. The
nominees were elected, and on April
22, 1902, at a special meeting of the
newly installed council, a committee
was appointed "to obtain site to build
town'hall. etc." On the i8th day of
May, 1902, the committee reported
that it had procured a lot "for build
ing guard house, etc." the
purchase price of which would
be $r5o.oo. Council accepted
the offer, received a d,eed for
the lot 30th June, 1902, executing its
note of that date for $150.00, and in
terest, in payment thereof, payable in
one year. I am asked to find that it
does not appear from the minutes of
the citizens' meeting on the 19th
March to nominate officers that the
question of the erection of a town
hall, or other building, or any other
I subject than the nonination of inten
dant and wardens and the election of
health officer was considered. But to
the contrary, the first record of any
reference is found in minute book of
April 22d. at a special ineeting of
council. It does not appear from the
minute 'book, or other testimony, that
there has ever been a meeting of citi
zens to consider the building, its cost,
etc., o'f town hall, market house and
guardhouse. I so find, except as
herein above stated.
At a special meeting, held July 5th,
1902, council passed an ordinance to
borrow $iooo.oo from the Palmetto
Bank & Trust Co., of Columbia, S. C.,
"for the purpose of building city
hail." Resolution dated the 9th .day
of July, 1902, regularly and properly
signed by the intendant and war
dens of the town, attested, under
seal, by the clerk and treasurer of
council,- and certified to by said
clerk on said last date, authorizes the
borrowing of $100o.0o from the Pal
metto Bank & Trust Co.. with which
to "carry on the affairs of the town,"
payable xoth January, 1903; and the
intendant, clerk and treasurer, are
authorized to sign the obligation of
the town for said sum, and .to pledge
as security therefor the taxes of the
town arising from the levy for that
year, or the profits derived by the
town from the dispensary or both
if necessary. That on the tIth of
July, the town council, by its con
stituted authorities, executed its note
to the Palmetto Bank & Trust Co.
for $Iooo.oo and received thereon
$96o.oo, the discount b,eing $40.00. I
am asked to find "that an ordinance
to borrow this money was offered in
evidence and marked 'Exhibit C.,'
dated July 9th, 1902, but no entry of
(Continued on Fourth Page.)
SO SAYS ATTORNEY GENERAL
Reverses Verbal Opinion Expressed
By Assistant Attorney General
In Graded School Matter.
1 That the county board of educa
tion is without jurisdiction in t1re
matter of ordering the election of
trustees for the Newberry graded
schools, provided for in the amending
scho,,l Act passed by the general as
sembly at its last session, is the op
inion of Attorney General Gunter,
forwarded to County Superintendent
of Education J. S. Wheeler, the at
torney general thus reversing the
verbal opinion expressed by his assis
tant, Mr. W. H. Townsend.
The legal tangle which has come
.about since the amending school Act
was passed by the last general assem
bly has been freely discussed by all
those interested and has ibeen the sub
ject of general interest in Newberry.
The Act abolishes the present board
of trustees of the city schools, con
sisting of seven life members and
four elective members, providing that
on the first of June the present board
shall be succeeded by a board of five
members, one from each ward, to be
elected by the respective wards in
April. Through an oversight the
Act did not provide the manner of
election of the new board of trustees,
and the question has been whose duty
it is to order the election. The pres
ent board, through its attorney, Mr.
F. L. Bynum, secured an opinion
from the assistant attorney general
stating that the board of trustees
was not charged with the duty of or
dering the election and that, under
the law. the present board remained
in office until its successors were
elected and qualified.
After this opinion was rendered
Senator Cole. L. Blease requested the
coun:y superintendent of education
to order the election, stating that As
sistant Attorney General Townsend
had told him that he had advised Mr.
Bynum that it was the duty of the
county board of education to order
the election "and that Mr. Bynum
asked him (the assistant attorney
general) not to put that in his opinion
as he only wanted answers to the
questions which he had asked, and
the assistant attorney general then
struck out that part of his opinion."
Thereupon Chairman Johns-tone, of
the board of tr'ustees, was interview
ed, and stated that Mr. Bynum had
acted under instructions. "I approv
ed his action in taking no statement
as to any one else's duties except the
trustees," said Mr. Johnstone, "be
cause I had instructed him to take
The opinions above referred to, the
request of Senator Blease and the
statement of Chairman Johnstone
have all appeared in full in The Her
ald and News, and they are referred
to here simply to put the whole rec
Immediately after Senator Blease's
request was made to County Super
intendent of Education Wheeler, As
sistant Attorney. General Townsend
was called over the long distance
'phone, at the request of Connty Su
perintendent Wheeler, and the assis
tant attorney general stated positive
ly that it had been his opinion that it
was the duty of the county board to
order the election, that this part of
his opinion had been left out of the
written opinion at the request of Mr.
Bynum, and that he would forward
as soon as possible a written opinionl
to the effect that it was the duty of
the county board of education to or
der the election.
County Superintendent Wheeler
went to Columbia and called at the
attorney general's office and was as
sured tat ag opinion would be for