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The herald and news. [volume] (Newberry S.C.) 1903-1937, July 14, 1905, Image 1

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-VOL. XLII. NO. gc; NEWBERRIY. S. C.. FRI DAY .TL'LY 14, 1905,y TWICE AWEK$15YA
DISPENSARY COMMITTEE
WILL MEET ON TUESDAY
MEETING TO BE HELD IN CO
LUMBIA.
The Call Has Been Issued By Sena-!
tor J. T. Hay, Chairman, of the
Committee.
It was learned vesterday that the
next meeting of the dispensary in
vestigating committee would be held
in Columbia on next Tuesday. The
-call has been issued by Senator J. T.
Hay. chairman of the committee. for
a meeting at Wright's hotel, in Co
lumbia, at i o'clock p. m.. on Tues
day. July 18. or as soon thereafter as
the members of the committee can
be gotten together.
The meeting of the dispensary in
vestigating committee at this time is
especially interesting, in view of the
fact that the appeal has been made to
the people of Newberry county to
await the report of this committee be
fore taking any decisi*e action in the
matter of voting out the dispensary.
This suggestion has been made by
Senator B. R. Tillman. among others,
and State Senator Cole. L. Blease
stated in his speech at Pomaria Tast
Saturday that if the report of the
committee was not an honest report
he would willing to resign his seat in
.the senate.
T?e committee was appointed at
the last session of the legislature. hav
ing been created by a resolution in
troduced by Senator Blease provid
ing for a thorough investigations of 1
the management of the dispensary.
The committee has been at work 1
since and has already held several
meetings. So far the committee has
,held only secret meetings, and, as a
matter of fact. very little has been i
givcn out to the newspapers either as
to the meetings or as to the time I
when they would be held.
Conservative Action Necessary.
The south is to be congratulated on
the prospects for general prosperity
during the next eighteen months. The
loyalty of southern farmers in stand
ing together during the first three
months of the year and holding their
staple off a depressed cotton market
and following this. by curtailing pro
duction for 1905 by materially reduc
ing the cotton acreage and use of gua
no under the cotton is more largely
responsible for the present condition
of good prices than all other causes
combined.1
*The loyalty of southern ba.nkers,
cotton men, fertilizer companies and
business men generally who have so
generously contributed funds to the.
assQciationl. and the southern press
which, during the hard struggle of the
farmers for the past six months to
whip the fight they had undertaken.
has done such valiant and effective
public service without price, are other
highly important factors in making
possible existing conditions.
All of these things. coupled with bad
seasons, following the wake of a heav-1
ily reduced acreage and an enormous
demand for spot cotton by the spin
ners of 'he world, gives to cotton the
strongest statistical position it has oc-.
cupiedl in many years. If crop condi
tions (1o not rapidly improve the sup
pby of raw cotton for consumption in
19o6 will fali far short of the demand
and prices will go very much higher.
But abnormally high prices will be as1
dangerous for the future to the pro
ducer and spinner as abnormally low
prices, and we must endeavor to be
conservative and consistent.
It will be the part of wisdom for all
cotton producers to discourage spec
Llative interests that wvoud tend to
drive the price of spot cotton above 12
c.ents per pound just as it is imperativei
that no farmer should ever again sell
xa pond of middling-cotton under 10o
cents per pound. Let us not encourage
inflated prices that will hamper the
mills and curtail consumption of cot
ton and encourage the growth of the
staple in foreign ields. We hold a
complete monopoly of the cotton in
dustrv of the world up to 12 cents per
pound. and at that price god profits
to the producer can be realized.
Selling For Future Delivery.
The recent advance in cotton is
inducing many farmers already to sell
t-heir crop for delivery in October.
This is a bad policy and if generally
indulged in will deluge such an enor
mous amount of the staple on the
market during that month as to break
prices and prove injurious to those
who must sell. Learn to market the
crop slowly and do not go into spec
ulative propositions.
By co-operative action refuse to sell
any cotton under to cents and so mar
ket the staple as to keep the legiti
mate demand active and healthy at
good prices.
The Southern Cotton association in
ts meeting at Memphis, June 29, 1905,
endorsed the plans for immediate con
struction of ware houses under the
plans and specifications of the insur
ince companies and to be owned and
aperated by the local communities in
which they are built. The rapid de
velopment of a cotton ware house
system is absolutely essential to the
>est system of marketing cotton for
ugh prices and this matter should be
?ushed at every cotton point of the
;outh.
Increasing The Membership.
It is now imperative that the farm
!rs rally in each county and build up
he membership of the association.
rhose counties which would have to
ye organized should get into line at
)nce. Those that are organized
;hould be pushed by the local officers
md the membership of each rapidly
ncreased after the crops are -laid by.
We want to be in a strong position
)y September to handle the situation
1ext fall and winter. The outlook is
nost encouraging. The state and
:ounty officers of the association are
:o be congratulated on the splendid
work they have done and now that
;uccess is assured they should re
louble their efforts.
We have everything to be proud of
mnd must not let the golden oppor
:unity now in reach to still better
ortify our position for the future,
lip by or fail to measure up to the
iighest standard of our dutty to one
nother. Very truly.
Harvie Jordan,
President Southern Cotton associa
ion.
TROUBLE IN MISSISSIPPI.
Roosevelt Appoints Negro as Post
master at Greenwood-Citizens
Indignant.
After one negro had been selected
eor the position of clerk in the post
iffice at Greenw od. Miss., and had
resigned after a mysterious court.
ueld by citizens oi the town, pending
:roubles have been heightened by- the
mnouncement that another negro. J.
A. Harmon, is the next man on the
eligible list, and he will be offered the
>lace. WV. A. Carter. the first negro
bho accepted the .job only to give it
ip after one day. and after a warn
ng that he had better leave the coun
rv.
The citizens are very much stirred
ip over the latest developments, and
tis feared that they will attempt
rore violent means of getting rid of
his negro. Greenwood, which is
jovernor Vardaman's home town, has
mwhite woman as postmistress.
3reenville News.
Many a girl has been sorely disap
pointed because a young man asked
er to marry him instead of asking
uer to accomnanv him to the theatre.
LOYED MOST BY THOSE
WHO KNEW HIM BEST
MR. CULBREATH'S MEMORY
HONORED.
Resolutions Adopted and Tributes
Paid By His Fellow Members
of the Newberry Bar.
Fi:ting tribute was paid by his fel- t
low members of the Newberry bar
on Wednesday morning to the memo
ry of Mr. James Y. Culbreath, who t
died during last December. Imne
diately after the business of the com
mon pleas court, Judge James C.
Klugh presiding, was concluded. the
following resolutions were presented
by Col. O. L. Schumpert. who moved I
that they be spread upon the minutes i
of the court. Tie resolutions were
eloquently seconded by members of
the bar, and in appropriate words the f
motion was granted by Judge Klugh,
who ordered, as a further mark of r
respect to the memory of the deceas
ed, that the court stand adjourned r
sine die. .
The resolutions presented by Col.
Schumpert, the senior member of the t
bar, and president of the bar asso- f
ciation. were as follows: C
James Yarborough Culbreath. t
James Y. Culbreath was born in -t
Edgefield county on the -day of
,18 , on his father's plan
tation. and where he lived until 18-,
when he left there to attend the Cit
adel in Charleston. He was at school
at this latter place during the war be
tween the states, and as a member of
the battalion of the state cadets par
ticipated in the last throes of that 1
great and historic struggle. After i
the war he studied law at Newberry f
in the office of Col. Simeon Fair, and
after his admission to the bar located
here in 1875 for the practice of his e
profession, in which he was actively
engaged up to the time of his death
on December 2, 1904. He soon gave
evidence of those sterling qualities
of head and heart that endeared him
to all who were thrown in contact
with him, either socially or profes
sioially. We are taught by that an
cient maxim to say nothing of the
dead but what is good. and, in this in
stance, we can obey the injunction
without violating the most scrupu
lus dictates of sincerity. He was a
true friend, a magnanimous opponent,
guileless as a child., a Christian gen
tc.-man. He was no sophist to him
sdi and, therefore, he was true and
sincere to all the world.
Therefore, be it resolved by the
bar of Newberry. in meeting assem
bled, that in the death of our asso
ciate and brother, fames Y. Cu?
breath, we have lost a true, honest I
and upright member of our profes
sion: the state bar has lost one of
its bright ornaments, and South Caro
lina has lost a devoted and loyal
friend.
Resolved That this preamble and
resolution, by permission of the court,I
be spread upon the minutes of our
court, and that a copy of the same be
forwarded to the family of the de-1
ceased. -
Respectfully submitted.
0. L. Schumpert.
For the Committee.
After he had readl the resolutions,
Col. Schumpert said:
"Withou-t further word. because the.
p)reamlble and resolutions express so I
entirely my feelings in the matter, I
offer these resolutions for adoption."
Mr. Mower's Remarks.
H-on. George S. Mower said that he s
desired to say just a few words .in la
seconding the resolutions. "I firste
knew Mlr. Culbreath," he said, "at
the time of his removal to Newberryt
in 1875. about thirty years ago, short
ly after my own admission to practice
in this court. Mr. Culbreath was
characterized in his capacity as a law
ver by a careful and painstaking in
estigation of any matter which came
nto his hands for consideration. It
xas his practice to carefully consider
ill ,f the principles of law applicable
the facts ~f a given case, he
ilways made a very patient and care
'ul investigation of the law, and he
xas always very clear and precise in
is application of the law to the facts
>t a case. He was also characterized
)y what is commonly called a judicial
one, or temperament. He always pre
;ented his cases with great clearness,
mnd always commanded undivided at
ention in any forum in which he ap
>eared." -
Mr. Mower, continuing. said that
Ulr. Culbreath, during the long period
)f his practice here. was always char
Lcterized by uniform courtesy towards
tis brethern at the bar and to the
>ench. His work as a lawyer was
lwavs characterized by ability and
>y fairness. \lr. Mower spoke of
im in the relation of friend and as
ociate. stating that in this relation
e was always characterized by geni
lity. His firm adherence to the
ight, he said, was marked. He
vas always firm in his convictions.
All of these qualities endeared him
o us. and we sincerely mourn his de
>arture from our midst. I, therefore,
:oncur in the resolutions, and second
he motion that they be spread upon
he minutes of this court."
Hcn. Cole. L. Blease.
Mr. Blease spoke as follows:
"If Your Honor please. Mr. Cul
)reat.h and myself were thrown al
nost entirely apart in the practice of
aw, because the most of his work
vas on the equity, or civil side of the
ourt, while the larger part of mine
as been on the other side. But I
:new him all my life, and he was a
riend of my father, he and my father
oming from the same county. That
riendship continued during my fath
r's entire lifetime.
"I have yet to hear any man, either
awyer or other citizen, say other than
hat James Y. Culbreath was an ihon
rable, high-toned gentleman. I have
ever heard anybody even utter one
ord that would give rise to the sus
icion that he was the least unfair in
usiness or at the bar. That I consid
r to be honor enough for any man.
e presided here for us at one term
f court fairly and impartially. I am
atisfied that if he had gone into the
olitical arena-he would have been a
ower in this country, and that if he
ad been placed upon the bench his
Lecisions would have been followed
n many cases, and that the supreme
ourt of this state would have sustain
d him.
"I desire to say this much. I know
hat we feel keenly our loss in his
eath. I know positively it will be a
ong time before his place is filled
ompletely at this bar or in this coun
Dr. Cromer's Address.
Dr. George B. Cromer seconded the
esolutions. saying:
"May it please the court, in common
vith the other members of the bar I
eas fond of Mr. Culbreath, and I wish
had the power now fittingly to char
cterize him as a man, as a citizen, as
lawyer. It is impossible for us just
y to measure t:he character of any
nan. because we can not adequately
Wegh the circumstances that hindered
ir promoted what we call his success
at life. And yet. there are some things
a the character oIf Mr. Culbreath :hat
vere obvious to all of us. some things
hat won the admiration, the esteem
nd the confidence of all of us. and
ome things therefore that we can
peak of: no things that we would
esitate about speaking of if we could
xpress them adequately.
"I think the first thing, the first
rait in Mr. Culbreath that impressed
>eOple, was the child-like simpliciry
>f the man. He illustrated the power
>f plain things and simple things. He
as a guileless as a child; he was as
Sap)pro ach abie as a child: he was as
easily accessible to the plainest farm
er in the c. 'unty as to the judge on
.e bench. There was none of that
finesse al)out him that is supposed to
with su ccessful diplomacy. He
a :pl n-iarte!: :e was candid. I
think in his addresses to the court,
in his ariumcnts to the jury. in his
counsel t, his client, the dominant
note always was his simple, open
hearted, straight-forward candor.
And it was not superficial candor. It
was candor speaking out of the abund
ance of an honest heart. that was
without guile, and would not inten
tionally mislead any man to his hurt.
Along with that simplicity he had
great power. Mr. Culbreath was sel
dom seen un the criminal side of the
court; he was always seen on the civil
side. He 'did not pose as an advocate,
and yet I have seen him before a jury
display the very highest qualities of
an advocat&. When thoroughly arous
ed, when deeply interested in his
case, when greatly concerned about
the interests and the rights of his
client, he was a power before a jury.
"One of the most striking things
in th- character of the man was a re
markable union of that simplicity of
which I have spoken with great vigor
and virility and power of manhood.
He was a strong lawyer, particularly
strong in that branch of law that most
of us regard as the difficult branch
of law. On limitations of estate, con
struction of wills. conveyancing and
all matters pertaining to real estate
Mr. Culbreath's opinion was sought
after by membei-s of the bar, and not
in vain, because he was always wil
ling and always ready graciously to
accord to any member of t.he bar
whatever of information he had on
any branch of law that would be of
assistance to the seeker.
"So. with the guilelessness of a child
that simplicity that commanded him to -
people wherever he met them. he uni
ted great strength and vigor of intel
lect and remarkable acquaintance
with the most difficult branches of
law: and, therefore, I say he was an
unusual man, unusual in the qualities
of childhood and manhood that seem
ed to be united in him even up to the
time of his death.
"Mr. Culbreath was a patriot and
never a self-seeking patriot. He lov
ed his state. He loved its institu
tions, he loved its traditions, he loved
its history. He was a child of the
soil, and even to the very last his
fondness for old Edgefield, now em
braced within the district of Saluda,
was almost pat-hetic. He loved Salu
da and 'the people of Saluda, his na
tive county. He loved Newberry, and
he loved the people of Newberry, his
adopted county. He was not a poli
tician, but his opinion could always
be had on matters of moment that
cnecrned the county and the state,
and he was always faithful, always
sincere, alvays honest. in seeking
what was right in political matters,
in giving wise counsel in behalf of
the right, and he was never a self
seeker, and never moved by personal
consideration in matters that were
political.
--So. Your Honor, as a man, as a
lawyer. as a patriiot and a citizen, it
gives me great pleasure to be able to
say now. leavi- g out no word that I
would say if Mr. Culbreath were pres
ent. leaving out no word that I would -
care to add if he were present, that
Mlr. Culbreath was an honor to his
county and an honor to his state. He
was an honor to the profession of law.
He did nothing to its discredit, but
much to bring it honor and credit;
and, therefore, it is with peculiar
pleasure that I bring this simple trib
ute to his memory this morning."
Col. W. H. Hunt.
At the conclusion of Dr. Cromer's
remarks Col. Walter H. Hunt ad
dressed the court as follows:
"May it please Your Honor, I can
scrcely trust myself to speak of Mr.

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