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warded him before the county board
met on Thursday. County Superin
tendent Wheeler stated upon his re
turn from Columbia that his board
would be bound in its action solely
by this opinion.
On Wednesday the written opinion
was received, signed by Attorney
General Gunter. After review[ng
the law, the attorney general reaches
the opinion that under the status of
affairs the county board of education
is without jurisdiction, thus reversing
the verbal opinion expressed by As
sistant Attorney General Townsend.
There the matter stands. It seems
probable n.ow that the election will
not be ordered. One opinion of the
attorney general's office has stated
that the board of trustees is not re
quired to order the election and an
other opinion has stated that the
county board of education is not re
quired to order the election.
Attorney General Gunter's opinion,
in which it is held that the county
board of education is without Juris
dicaion. is as follows:
Attorney General's Opinion.
Columbia. March 28. i9o5.
Mr. j. S. Wheeler, County Super
intendent of Education, Newberry,
S. C.-Dear Sir: You request to be
advised whether the county board of
education of Newberry county should
order an election for trustees for
Newberry school district. You state
that the matter has been called to
your notice officially owing to the
action of the last general assembly in
passing an Act (approved Feb. 18,
1905) purporting to amend the Act
establishing the Newberry school dis
trict, among other things by striking
out section 3 and inserting a section
in lieu thereof. Said section provided
a board of trustees, the amending
section providing for a different num
'ber and a different manner of selec
The only question that I can con
sider is as to the duty of the county
board in the premises. There is noth
ing in the Act establishing the dis
trict or in the amendatory Act devolv
ing any duty in reference to the se
lection of trustees upon the county
board. Section 1210 of the Civil
Code as amended by an Act approv
ed Feb. 2, 1903, (Acts 1903, p. 63). is
the only authority for the coun;y
board to appoint trustees or under
certain conditions to appoint three
persons to conduct an election for
trustees. This section provides that
the county board shall appoint three
trustees for each school district with
a proviso that this provision shall not
apply to special and graded school dis
tricts created by special Acts; but
that the trustees in such districts
shall remain the same in number, be
selected, etc., as directed in the spec
ial Act. Hence, so far as the duty
of the county board is confined to the
appointment of trustees in the regu
lar districts, of which Newberry dis
* trict is not one, and to such duties as
may be imposed by the terms of the
* special Acts, and as already stated,
* no such duty is imposed by the spec
ial Acts establishing the Newberry
district. There are two exceptions
as to the above in the appointment
or election of trustees iin special dis
tricts. First, In those districts where
the trustees were appointed by the
state superintendent of education un
'der the provisions of the special Acts
were to hold office until the
first Tuesday in July, 1896,
on which day and every two
years thereafter trustees wer to be
elected. There is no suggestion that
Newberry district comes under this
provision. Second, In districts hav
ing a population of not less than
3,ooo inhabitants and in wvhich the
boards are not fixed by special or
specific legislation, may elect a board
etc. Whether the board for New'ber
ry district is fixed by special legisla
tion need not now be considered, for
I am advised that the district has in
sufficient population to invoke this
provision. The directon that "the
election of all trustees for all such
school districts" shall be by ballot
conducted under the supervision of
three qualified electors to be appoint
ed by the county board of education
applies, to the two excetpions above
noted (which does not include the
Newberry district), and not to the
special districts unless they fall with
in the purview of the exceptions. This
is manifest for the reason that the
section (as well as the. scope of the
school law), carefully reserves to the
specia ditt a atonomy in~ the
selection o trustees. as well as al'
other particulars. If the term "al
such school districts" in the clause
directing an election for trustees ap
plies to the special 1istriets, then the
specific reservation that the trustee
shall be elected or appointed in tn<
same manner as is provided for ir
the special Act is rendered a com
plete luillity and the purpose of th(
Act defeated. The term "such schoo
district" refers to the districts state<
in the exceptions, for under th<
change of the manner of selectinE
trustees an election must be provide(
for, whereas an election was alread3
provided for in the other special Acts
a function which was reserved, ha(
the general assembly intended at
election 'by the agency of the count3
board the general term "all schoo
districts." instead of the limite<
term "all such school districts."
I am, therefore, of the opinion tha
under the status of affairs your boar<
is without jurisdiction.
U. X. Gunter, Jr.,
BATTLE FLAGS RETURNED.
Banners Captured in Civil War Fron
South Carolina Confederate
1 Gov. Heyward is in receipt of th,
-flags which were captured from Con
federate regiments from this stat,
and have been in Washington since
the close of hostilities between th,
sections. The captured banners whicl
have been returned are the Eighth
Eleventh, Sixteenth and Twenty-sev
enth regiments infantry, Sumter Fly
ing artillery, Sumter Heavy artillery
garrison flag, Castle Pickney; garri
son flag, Fort Moultrie; garrison flag
Citadel; garrison flag, James Island
garrison flag, Fort Ripley; Thin
South Carolina regiment.
Hon. Wm. H. Taft. sezretary o
war, in forwarding the flags said ir
letter to Gov. Heyward:
"Sir: I have the honor to advis,
you that, under the authority confer
red upon the secretary of war by th
joint resolution of icongress, approv
ed February 28, 1905,'entitled a 'join
resolution to returr: to the prope
athorities certain Union and Con
f-derate battle flags.' I have causei
to be frwarded to you today by ex
press all the Confederate battle flag;
that were in the custody of the wa
department at the time of the appro
val of said joint resolution and tha
could be identified as belonging t<
your state or as having been born<
by military organizations thereof.
"Herewith are enclosed a list o
the flags transmitted to .you today
and a copy of executive documen
No. 163, house of representatives
Fiftieth congress, which sets forth al
the information th;..t the war depart
menit is able to furnish on Februar:
6th, 1888, with regard to' the Unioi
and Confederate flags then in its cus
today. A few of the flags that ar
described in that document canno
be identified at the present time, thei
numbers Or distinguishing marks hav
ing been lost, and as few of the flag
that could be identified in 1888 hav1
since been identified and are now re
turned to the states to which the or
ganizations that bore them belong
Gov. Heyward is still undecide<
what disposition to make of the cap
Writes MRs. JANE PETTY, of I
" My little boy could not walk a
all other remedies had failed to d
cured him and made him sound az
give the same testimony.
eleanses the blood .f all the poise
ther blood diseases, and absolut
powrful and effective blood purifi
digestion and builds up the entire
"TIE ONE THAT CURE
WViII DOBBITT CHEMICAL COMI
Sold by Gilder, Weeks J
tured Confederate flags returned tc
this state. As no place has been fix
ed for the next state reunion, it i:
impossible to make plans for thei
official presentation at that time.
The following acknowledgmen
was made by Gov. Heyward in a let
ter of acknowledgment to the sec
retary of war, Hon. Wm. H. Taft:
"Your letter of the 25th instant offi
cially advising me. in accordance witt
the joint resolution of congress,of th
return of our state battle flags wa
duly received. The case containin
these flags arrived safely also.
"I behalf of the people of the stat
I have the honor to acknowledge
with sincerest appreciation, the re
ceipt of your valued communicatio:
and also the more valued shipmen
I containing the flags.
I "These banners will ever comman
our loyal, loving. tenderest care an
thev will now be kept among th
most cherished archives of the stat
of Souti Carolina."
National Magazine For April.
Four of the principal articles in th
National magazine for April dea
with the railway problem now to th
front in American politics. The title
of the articles and their authors arc:
"Congress and the Railroads." b
Representative John J. Esch. authc
of the rate bill now pending in cor
.The Republic vs. the Bankin
Syndicates," by Frank Putnam.
"The Masters of Our Railways," b
Edward D. Tittmann, railroad exper
of the New York Times.
1 "What Causes Railway Wrecks,
by C. H. Allison, of the Illinois Cer
1,Mr. Esch urgently advises railwa
managers to accept federal control c
rates, lest federal ownership prove t
be the only alternative-and M
Esch does not desire federal owne1
Mr. Putn:m argues that the rai
ways are public highways that shoul
be open to all comers on precisel
equal terms. and declares his belie
that unjust and illegal discriminatiot
- will continue as long as these publi
highways remain in private hands.
- Mr. Tittmann marshals data t
support Mr. Esch's assertion that fiv
or six banking syndicates own mos
- of the railways in this country, an
I control the remainder. Mr. Tittman
presents portraits of eight of th
railway kings of the United States.
SMr. Allison makes an artful specia
plea in extenuation of the wholesal
slaughter of passengers, employ<
and trespassers on American rai
ways, charging most of the blanm
against railway labor unions. Thi
contention .is vigor6usly combatte
ty Mr. Putnam.
SThe literary and pictorial feature
of the numiber are up to its usual hig
standard. Among the contributol
ar hrles Warren Stoddard, Jo
rMitchell Chapple, Katherine Le
Bates, Governor Charles Aycock <
North Carolina, Yone Noguchi, Mi1
iam Sheffey, James Ball Naylor, Ar
na McClure Sholl, J. F. Conard (th
new Iowa humorist), and MabI
For Sale by
IC. H. CAN NON.
~oaring River, N. C., Aug. 12, 1904.
step from RHEUMATISM, and
h . any good. Rheumacide has
dw '' Hundreds of other letters
that cause Rheumatism and at
ly cures to stay cured. The most
r in the world vet it improves the
S HE THERS FAIL"
AN, BALTIMORE, for Fme Ssmpb
roOft@T MtE OT" Sek.
-Hunter, Newberry Agents
The Mutual Inves,
is issued of follo
Ellustration of a 2o-Payment Life
Age 35. Amount $10,000
INCREASE OF SU
Originally the insurance is $10,000. It i;
from year to year and become not less th
If corresponding surplus shall accrue and i
added after the payment of third premium
. sum of $10,140 will be payable. It will be
the tenth premium has been paid the insu
1 fifteenth premium has been paid, to $11,9C
t year, to $13,060.
7 ikewise its value in paid-up insurance is endor
thiS aMouUtS to $2,54: atter the tenth remium has
has been paid, to $9,320, and at the end of the twent
The amount which can be borrowed on the polic
premium has becn paid. a loan cah be made up to '
:2,200, after the fifteenth premium has been paid $3.
These values are quoted at periods of five years fo
tract. the endorsements are yearly and consecutive.
I Observe that the premiums paid in twenty years a
e 1surance in force gradually iucreases from $io,ooo0
throughout the twenty years, at the premium paid
amount of iusurance for twenty years, the cash va
more than paid to the Company.
SBeside the cash loans available any year, there is1
the tenth year is $2,530- at the end of t e fifteenth y
y 7ffice over Postoffice, Newberry, S. C. R01
We wish to call your a
1 Spring and Summer Go,
r A dollar expended with us will do
We offer the trade our best efforts i
best. The prices the lowest for the b
We offer some dainty Mercerized V
d in|price from ioc. to 5oc. yd.
We have nice line Knickerbock Su
s Dimities, Ducks, DeLaines and other
c are dreams for waists or dresses. Sp:
Riverside Plaids, Southern Silks, Che
o Our Shoes are built to wear. Our
sell Groceries. Get prices and see st:
S. S. Bit
SOF CHOICE TEN!
~This car goes for:
Best Patent Co
Best 2nd Paten
Best Straight C
.Choice Fresh M~
Choice Grits, se
I Whenever you start out on a sh
* This plan will save you many
*time. If we haven't just what 3
SWe shall not urge you to buy, b
* goods as soon asyou can. I
every way to make selections be
+ MAYES' DRl
1 0-Payment Life.
Hutual investment Contract.
Annual premium, $366,.
provided that this shall be increased
,n shown in the table in the policy.
s not withdrawn nor used, $140 will be
so that if death then occurs, the
Dbserved from the policy, that after
rance amounts to $11,180; after the
0; and at the end of the twentieth
ed. After the fifth premium has been paid.
een paid, to $5,920 after the fifteenth premium
eth year, to $13,o6o.
is shown in plain figures: After the fifth
720, after the tenth premium has been paid.
770: and at the end of the twentieth $5d780.
r the sake of brevity, but as shown in the con
nount to $7.320; that duri g this term the in.
D 1'13.06o. or an average Si0,946 of insurance
for $ioooo, and that after carrying this large
Lue endorsed upon the policy is $7,390. or $70
-ovision for cash value, which at the end of
ar. $4,480-, and at the end of the twentieth vear.
ERT NORRIS, Gen. Agt.
ttention to our line of
louble duty. Try it.
selections. The styles are the
Tastings, Skirtings, &c.,.ranging
tings, Brousse Stripes, Callalettes,.
dress goods. Our Tussoh Silk&
ring and Summer Prints 5c. yd.
viots, Cottonades, &c.
men's Shirts are beauties. We
des. Yours anxious to please,
tton - $6.15
t Cotton 5.60
otton- - 5.50
eal - . ,.75
N AND SEEj
opping tour come here first.
unnecessary steps and much
TU want then look elsewhere. $
ut wedo wish yo' to see our.
ill be to your advantage in
fore the final rush begins.
[G STOR E.