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PART ONE. Pages 1 to 8 VOL XLIII. NO. 39 NEWBERRY. S. 0. FRI DAY. M AY 11. 19(. TWICE A WEEK, $1 50 A YEAR THE NEWS OF PROSPERITY. Mr. Bedenbaugh's Barn Burned Old Folks' Day to be Observed -Roller Mill Sold. Prosperity, May 10.-Old folks' day will be celebrated by Grace S.u. (lay school on Sunday, May 27. An interesting program has been ar ranged, and everybody is invitved. Come and enjoy the day. There will be two short addresses, one looking backward; the other looking forward into tile future. The pastor will eom bine hoth ;der,s in his addre.s or talk to the congregation. Voluntary by the choir. Hymn No. 33S. Scripture Rieading and Prayer. Hymn.,' "Greenfleld.' Address, Looking Backward: Jacob Sheely, Esq., of Mt. Tabor. Hymn, No. :347. Address: Looking Forward. Hymn, No. 139. The Past vs. The Future: Pastor Kreps. Hymn, No. 346. Collection for Aged Ministers' fund. Hynmn, No. 11. Announcements. Doxology. Benediction. All li,- lynis, but one, are from the I. , : f WoIrship, and 111 are rI quested to brin.g their Books of Wor ship with thei. Mr. T. B. Bedenbaugh had the mis fortune to lose his barn by fire last week. In the barn was nine bales of cotton, nine sacks of cotton seed meal, 2,000 pounds of hulls and a lot of fodder. He will probably have three bales of cotton to repack. Making a loss of six bales. The loss, with barn. cot-ton, feed, el e.. is about $500.00, and as far as we al learn there was 110 iusurance.* The Cm t(enlle( SimilaN sdi)l emi vention i\-ll meet this year aboit tile .1011h of jully. Mr. J. C. Sclumpelt. if Vidalia. Geor-ia. made a1 Ilying visit homlle oil WXedntesday, returing to Georiugia Onl "Il turSday1. Our1 fol)ks ciome back onceo ii a whil. The Sorosis will I meet with I iss Lillie Mae Russell (ill Friday the 11t. Reciprocity dily: Motto: ''Nole of us li veth ut ourseAves. ' Ilistriiumentall solo: Mrs. J. F. Browne. Address: Mrs. W. K. Sligh. Vocal S1o14): Miss Lillie Mae Russell. ir. W. it. Wise hlas. been spending a week inl lo(wn but has resumed his g1ip and is oIly aail. Prayer meting lit (I-aee chu111rell has been elanged froil S p. iml. to 6:15 1. m. This mailks it i daylight service 1111 is to he preferred. Mr. J. 1), Quattlebaum guessed the greatest 111number of ''ods' ill the guessing contest at the social meeting at the parsonneae on Friday evening. Miss .Jane Cook, of Zion section, is',isit ing Mrs. B. L. Dominick and Mr'. TP. A. Dominiek. The Prosperity Roller mill has been sold( to palrties inl Sumter and has been 't taken dowmn anid shipped to thlat town. WeT regret to lose it lbut therie wmas not whea'it etnoughl raised in tis section Miss Nannie WVest, of Saluda coun1 ty, 11haseen (4n a visit to Mis. HI. P. Wicker. M'iss Alma Fellers, of St. Paul's haOs beent oni a visit to Miss Maiy Willis. Mr's. I). W. 114land14 is spendinlg a few (lays ill Colunmbia. Miss Ednia Liv'ingst on, of Column blia. spent last Sunday111 withl her br'othI er', M~r. Hf. K. Livingston. Our' old friend and former school mate of the long ago, and now thle popuilar' canidy salesman of Atlanta, GIa., was in townm and we chatted over' old times wmhen wme had spelling .hees at the little old log school house5 just act'oss the line in Lexington county, flOnear where Little Mountain hlas sinlce beetn built. In comparing notes we found t hat, many of 0our playmates of that othler day hlave already passed ov'er the river' and joined the gr'eat and1( silent major'ity. Mir. W. L. Andrewvs, of Columbia, spenlt Suinday withi his fiind, Mr. H1. K. Livingstonl. M,. w P. B. H-armon mseta co... ple of days at his faim in (I reenwood County. He was recalled by the se rious illness of his little granddaugh ter,- liebecea whom we are glad to state is much bettert at this writing. Our towi has sure enough become i dry town since tle advent of tle constable. so m1iuch so that in ole ease in the hurry to be sure to get a isnip'' unbeknow lnst to him got hold of the wrong bottle and instead of an eye opener they got a mouth opener. They had got hold of the wrong bottle and such spluttering you never- heard. They had a bottle of Paul's best black ink. Cotton has been coming in (Iite freely the past two days; on Tuesday there wis 125 bales sold, and Wed nesday 110. Tt made the streets look a little like fall. I am requiested to say that all the ladies of the town of Prosperiity and Vicinity who are eligible to ll.ember shil ;.I t.e United Daughters of lie Confederacy are asked to, mlee in tie City Hall on Tuesday, May 15th, at 4.30 o'clock P. Mf., for the pmnpose (of organizing a chapter of the same. Those who catnot attend this meetig are requested to send their names. Let all b: !I this in m ind and attend * e mwe, i. '\'\lyot teganuize the So.; oI el - -:0. n'.-rapter- al.o. ()r bi they no 111:1Le ! h pters ouit - i folks. I guess tihe ladies im apters and tihe mil are books. ARRANGING PRESS MEETING. The State Press Association to Meet At Isle of Pailms June 27-29. President 1". H. Aull, of the South Carolina Press Association, arrived in the citv last night and was inl eonfer enee witi local newspaperI mIe and1 otiers at the Commercial Club about ille cominl..g meetinig of file Associa tion at t Ie Isle of Palms. The invi tation of Messis. 11iddock and Byrnes to the Association to meet at their hotel was necepted some tiie ag(;. and the lbhject of tlie con ference was to arrame dates and other details. .June 27. 28 and 29 were designated bv Priesident Aull, and Mr. W. W. liall, tle local memiber of the Asso viation'*s Elxectlive Committee, afIter discussing the matter wili Mr. fid dock. A local committee was also pro vided to arrange for the entertain ment of the body, tle membership of which will be aniouneed later. Messers Rfiddolck and Byrnes have tendered tle Association an extreme ly liberal rate for entertainment and the Consolidated Company has alse agreed to extend transportation cour tesies. It is understood that othe hospitalities will be extended. Mir. Loulis Appelt, editor of the Manning Times. was in time city and was present at the conference by in. vitation. It will be of interest to the news paper men that on two of thec days of the meeting the South Atlantic base teams of Charleston and Macon will plhay in Charleston. There is every prospect that this meeting of the Association will be one of thie miost delight fulh ever held. News and Courier. Th'le program and furt her informa tion as to the meeting will lie furnish ed by the Secretary. The people o~ Chiarlest on arc veryv much interested in making the meet mu a great sue cess. The memibers always enjmoy a visit to C'ha rleston anad on thie Isle of P almns will be del ighmt ful at thIiis sea sonl of the y'ear. It is hoi ped that we shall have every' editor in thle State hpresent. An Automobile Log Book. An auttomiiobile' log book is a inew lhiiig ini the line of' auto accessories. It may be a ve'ry plain aind practical affair, without illustration or' ilunii nation, and bound in calf or vellum. or it may lie bound in alligator skcin, Some of thIese log books would alsc le priized1 by members of the Itrafik piage is divided ump. Tlhere are dlivis. ionsi for thle dlate of run, time foi start, objective point, time of arrival sp)eed, distance cover'ed each day nunmber of stops,. weather, guests and gneral remarks. THE LAURENS DISPENSARY. Still Open-Attorneys Differ As to Power of Writ Recently Obtain ed from Judge Hydrick. Whether tihe dispensar-ies should or should not iemain open in Lauren.4 couity after the election there is a matter of dispute between counsel r-epresenting boti sides, and the set 1lement ol tihe question will be of gen eral interest in all of the counties I where a propositioni has been advanc ed to vote out tle dispen-saiy. it will be recalled that at an Clee tion held last year' the figures showed 1 tlia the dispensary hand been voted out in Lauiens county. An appeal was imade to tlie State board of canvassers but aifter hiearing the testimony the election was deelared illegal. Messrs. Bellinger & Welch, ais attorneys for those opposed to prohibition, argued that the election had been illegal in that the returns hlad not been piop erly signed and that the voters were not required to show their tax ie Ceipts and registration certificates. This was held by the State board of canvassers not to be of su1cient sliowing to warrant declaring the elec tion illegal. After this decision by tle board the attorneys for tihe afspenstry people seeiu'ed from JIIdge Hydlrick ait Edge field a writ of cetiorari, which meant that 11le evidence inl tile ease was to be gine over 1,41or an v error t hat tihe State ua Ini-it have made (t the (lecisioi. A lecision has not yet been made on1 1his by Judge Hydrick and Mr. C. C. Featherstone, wiho has lead the tight for tle alt i-(ispenlsary peo ple, elaiis that tIis does not act as a stay ol' proceedings and that the dis pelsary should lbe closed. Oil the oth er hiandtl the attorieys for tle dispen snry 1wople elaim tliat the writ ob (ained acts as a stay and that ui a lecisionl is reidered the dispensa ries shoulI reiainl open. Mr. Featilerstone, Awho lwaS in the city vesterilay on le-al busiless, said flhat he hid (1 writen tle attorniey gen eral about tlie matter and had not yet given up1 thte ighM. Thie attornIey gren erad has not yet given a written opin- I ion con the it. qestionl and i( isej prohble tilat the pwolilitiolists will take otiler steps to hanve the dispen- I stlr*ies closel. pendling this decision bY Judge Ilydrick. News From The "Old Town." 1M1r. Editor, as you have not leard from this "0(ld Town'' ill solme time. I thought I woull drop you a line or so to let you know that we are still in existelce. The K. of P's. here are getting lalon ' i, 1nberinlg twenty-six str-oll..: witih the prospects of m11or.e. Mr.. Jas. If. Johnlsonl, ourt PastChn celimr will represent us at tle (Gran(l Lodge in Suter this mouth. 'h'llere is a lot, of sickness alroulnd now mostly measles. Mr. J. W. San decr's son1, Richard, has been very sick with fever, but at this writing is some b)etter. Mr. XV. R. Biouknight's family has had tough luck, but is somewhat bim provedI at this (late. Re.White, who. preaches at CrossI5 Road chuch,stopped over Saturday at Mr. W. HI. Sanders, Sunday lie pieached ai fineC sermon01, taking his text fr1m1 .Joshua , 7th Iihampteri, thliird and1( (eihth verses. Th'le farmers of t his sect ion arec rus i thirough phlant 'ig and1 aire getin r(leady to (cut the hiar f romi thei r cot ton tliehs. ir. W. 1. Sanders, eii( of ourii most promlilinenit buisiiess muen iin this pla1ce, received a fine safe t his week 1111d will pla:ce it in his store ini ada Mtis' hniunie W\orkman111, thle cha~irm ing' and1 accompiIl ishued daiugh ter oif .\i. Workmian, who only last year moved friom 14 Oh Tiwn, is liere visit i n' lher sister, M's. J1. W. Ropp, t he wife of ourii magistria te ini I his numberl('i seven1 Mir. iMfathlias spenlt Suinday hEd M[on1day' withi his sister, Mirs. J. S. 1Wes had quite a little rain Sunday niight and Monday morning, wihi chi plin ly tells thle farmers to r'epa ir the14 old( hoes and( buyi~ nlew ones. Hurrah for that morning tr'aini to Columbia and( evening train from there (when it conmes along). R. F. D. CARIERS. Jalled to Meet at Newberry on D 30--Urged To Organize. To11h R. P. 1). Carlrier", New%bv 'in 'itv: You are cordially invi '111vind a mneetingl 40f thle counllty OCiation1 of the It. F. 1). 0arriers ewberry, S. C., on the 30th day Ia, it I 'c4ck a. i. Therc niueli vork for lie c'riers in aill nanized body. Por instance, bri lii I lie combined intelligence and werience together in the interest ir'ecting tihe service, viz.-How mild 1i1p I-urll r oites and mllake the :ive self-supporting. (1(md roads i low to live tihem. Mir. Coirtelvoi mr frivild and let its sho()%w him I le Imstoffice department 1111hat we ilerested inl our. work a14 are do ill we canl to build up the serv N 'bro'th Carrierhs of Newboe 'unty, i hopt each 0ne Of oiu o we presenit and dithatiall will jtoin lss(cilation. Come prepITtar tO I ordues. NXewberry. County hals been hlonlo my hanving the( vice presidlent (if 41.ate associaition anld a Newbem 1a1rier. has represented tile Stlate ;ociation inl tile National aissciat it the 1 A two annu1111al leeting"S. N '44M 111oig, boys, and lets have a g neetSt W. (L. Pek-ersmn, Two Mischievous Dogs. Th'le othler day at man wvals sell ;me toy baloons inl the street, I we had tihem on a Imig stri'g. S lenly ia gust (f wiind blew them mdt 44f his hand. il] all thiley bol Tw4) do)gs were playing liboit 11 1Y. 11141 whelihey s.w itle pretty I (mlns, they 0though11t to i hiemsel 'Ierels S"Ime I'ln' '11 1 a ('lIf T AVi I fte' 1illl. T),vy e 11l ".4t the strin... ill Il io tlis l11111 ti ' alnd }lilled so) It a1111 pire-sellI i 1 s la ll. thile I rlIn , ver mn tIop (1f thlebah Ind crc-hn!they burlst, mine er the ither. I tlink thuse 1 wo d44s ld thn I rest f'ri.lt o1f Ihi i livvs then. , lhY w\onlildvieed wvhat hial 111ppei ;lys 1linme h. But iter. mn their master 1'(11ou4n lbouit it, and paid the( manl whose I oons had beien spoiledl enl1gh mllo o buy a freshi stock, so nit, very 'i min vas (one(- after all. A Straw. lmid Roads Magazine A 'nod 1roads Ieeting was re teld il Buck cilty, Pennsylva i which lithe towInsliips' records m >rodneed (4 sh1w t0hat1 thlie pre imount. of 11miney raied by x(a11I ind avilable for. Im-al impro;nvemlio vere more tihan one-Iiiird larger t I few years ago, Ilihough1 the 'ate is the same. It was held that ner'ease in thle v'alue of prioper'ty Joeni brought about solely bly the< tiuct ion of good roadways. It ~tated that the towns'IhIips ini the (Ce .y wh1ich had1( b)orrowedC( mfoney to< 'y onl the road work found thiemsel tibe to reduce mat eriailly their ' 'acear b'l 'Iy r'eason of thle inlcreai ralue of real estate. Seek Good Roads. lood Roads Magazine. Schools? liy all meansii. C'hrieh 3yes. But (irst seek ye good( roe m1d4 all thlese t hiniis sh1all be adl An Aid To Crop Marketing. nar'ket thir erops4) at 'onietiii' they would ha~ve ('tnded'l1(4 time vihi ch to mor14Vle hir siurphi1 s, and4 tvould re(liv 1C4he ii peidie1I stria Iins ie 1)0lev 11a1rh'et, wvhiei nat uW iave a depre(ssinlig effect (41 thle bi less of I ile whlole couniwr, a111d re 'Sve to1141l1 io u a jona Il'enSury,V l'oiad (Iliest loll, w(' see', is al nat if is well as locail (Iltion4, and1( as s it should have Ithe qick'l atItentiot10 'Onitress. i gh way impro4) vement'i Iat ional obl)1igaion141. D on't thiink thait bI((anlse a wears a large hat lie is the head of bane. FIREMEN'S ACT [ay BECOMES A LAW irv GOV. HEYWARD SIGNED THE tedl MEASURE. as at So Advised By Mr. Youmans--Tho or Attorney Geeeral-D'eclares That the Unconstitutionality of Law Is Not Apparent. ng ex Of The State, May 10. to Thle act providing for at pelNsionl for er- disabled tiremeii hIs )eenl signed by kid (Iov. Ireyward. Thle act wa-Is held up1 is unt il thie very tilst becaulse of tile pro mid test ma11de by (lhe inlsuranilce companlies are and tihe oily matter on wlichi (ov. ilg Ireyward was liesitatnlhg Was tihe al ice. le".ed unlonistiltutionality of' (Ihe aict, ry Ile wIs advised yesteiayI by At Vill torIney' (ineral Yomans that tihe un the constittionilmiity is not. evident. and is >ay a matter which had best b)e decided by the courts. iheref,ore, the act was reil signed by Oov. Heywa-11 and becomes the at law. However, unlider. its terms, the rry i nsu Ill nce comlipallieZ, will hive ioth as- ing to pay tiis yealr as ithe law is not ion retroictive. 1)W. Tile opinlion (it IN1. Yoluililans Is at m at (vr tilt wil'h lie] hais spent more llml-lilt t1anl almilost, any otiher which has cilmle upl durlling his lerm of, Idlic(b. lie says. inl his letter ti (Iv. l1v% wvan: Sir: A svieatet h1. (titl4d ". An act ing, re<puirinig the( paymnii 4Pf certain und promiumils to ile. fire department o(f uid- ineor-porated vities and (mvwns by fire ill insurl-anice vompillanlies doilg htsielss inl id- the state orm tile puirpose of 'relitiig a itd ii hi. bel l of themn mimbers ear )I' the thiretdpartmewnts ilf snehi vities >l- 111141 41wis, 11141 *i 1in r the c - e , h-cltitn 'u l 14 4i trilnIitIII 1* silt. rt'llei l ti t (e s('1 1a1h 11 11sv In tlie 1111 <hy (it Febriat, 19i0t was dei lir ered to llur excellecy The itneral ird. assembly ail.journl-m-ed sini dliv ln Fb MS, ISIC1n is npplicable, (4o wit :"I 1' a bill af- "r jinlt res"Ilutimn shialilinlt he rv ut rlie<h Nb ille ..verl r witili thiro l - ys et1,er it shall have bell1e i reset un sd to hint. S1ita14ys excepitet. it shall 1ed, ha.1ve ihe satmn 1 t4rce' .11t effivt as it' Ie hw i-t it. m0ess the seneral 41u1t bY adjoimil-liur it,ti prevvnt mal- its retur,in whib vase it shalll havt It,v scllh(. forve and elfet Illiess rettiledl -ealt withinl twoday after thle n1ext mleet in..' ' (A rtiele 4, sve. 23, ist seneiii conist ituit ion,. II95.) Q life Irt an lrrY tf tose inlI'llvm a 41 ill( act pilprIVd. l owsv inl 11vor lIlyoilld act bvinl velm-4d by y Vl X 114,a, cevlley. 4-onsistinlu ofr e aor,cu Vire sel fl( buisiness Im.n, presmineed thevir ent views, pro et viln inl exlenso, fin a SeO ionl dlay alt a hlearinm. be-fore yClur excel lits lenicy, aM whlich. b)y ymu-. invitation )an and(1 retIluest, I was prest. Subse tax (ielnt to this elabolrate written ar the ue t s, pro t ('oin, were sui_l___ tt e1 riad to mec in favor of1 the acts being api 'on1- pr'oved, by Mr. Von Koliiitz' ot the uvas Ciarle'ston bar, senator from1 ('hariles nnl- toll county , and4 Mi'. Marshall of thec ar- (ohimbia bar, senator from Hilihbandt v'es counlty, andh ini favor ofC at vPti of' the ob)t act by Mr'. A ugustine T. Smyt he of se,1 t he Char ileston)1 har, 1)4 tilst arigiimet bleling filed on1 April 11 by Mr. Mar s haIl, whto 1had initrtodnittd th bi lll in t hesn t. Th'Ie (plet'tioni of lawi slumitted1 tou a11te shiwiing.. n1ie4 in suppotrt 'if t he o ar lby any it her means he lt niioonist ilu innlto y of)4 the lot ifs nui ll v aarn' 114 i of) Il' Ltron!ild fI' its iilleonst it lt lin aliit v ? IITere is hiigihuat Iihirit v for 1h lie tat inl'i steapoal o laws 04 aeh ,'l even by aI i 4'i't uniot,i5 it ut iaul. a rt S111j~ lilt'e' exel Georgei( \'. .\ ike'. 12 S. is tead '~i w ih l' roba;t ion thein''- , l'' wit. morsi'. vs. StewrtlI. 's Admnors, 3 Det's: nan 476, says: ' ' I am not d1isposed to) 'x tIle a 1111110 wi'i el S 'i'ijills eXact 1ess thle vainty o f a lam. nt wu.ld t .. Validiy of a law ought not to be fitlestioIed Iiless it is SO obviolisly reIpugnaim to tie cons tit ut ion that wienl poinlted out by tle judges, all Imenl of sense antlud rellection in the cou01111n1u111litY may perceive the repug nance. lIy sutch i catitous exorcise of this judicial check no jealously of it will be excited, tle public conlfl delice inl it may he promoted, and its just and salutary effects be justly and fully appreciated." Mr. Justice Me Gowan in ex parte Lynch, 16 S. C. 34, says: ''It is a delicate thing to declare an act of the legislature unconstitu tional. This section of the eonstitu tion must he construed, if possible, as allowing full force and OfTeet to See. 1, Art. 2 of the coistitutioion of 1868, which is See. 1, Art. 3, of the consti lition of 1895, to wit : 'The legisla-. live pmwer of this state shall be vest ed inl two distinct. branches, the one to be sIyied the senate, and tihe other the house of representatives, and14 both togetlher the general assembly of the State of' South Carolina.' '' Shaw, C. J., in speakinig 'for the court in ex par t e Wellington, .1 P liek. 95, says: 'Whlen courts are called 11upon to pro nollnlee the invialidity of at fa, of legislahi.ue. passed with ill tle foIns aid eremonlies riluisile to givi. it force of law, they will approach tll (jIleslionl with I .r-vat aill|ion, exainine it inl every.N pmssible aIIsp'cl nlid pollndtr ItIli'll it ats hm--, as th-libelaMilm andi a 1patielnt atiliteillion vlii t lromw ally iew lit-ht fin thet subject .1111 nlever. de clare i slatute void unilless the Imili IY alf invality are placed in their ,id-ilment beyond; realsonalble doulbt.'' It is thlis seell fihat (he saimle degred of' moral 4erinitlh (tt dlemonlstiae th volstilluti4olnalitv of all ael of the gen iral asseilyl is req'tuisite a1s IS nec essaryn ti svecurv t he con11vielion of* a dl'11n.lait inl thlt . it- ill' svssimns. To SaY 1that thi. varimi.us Obljtis ir e by v l I Sitl l l I" till- n.stitlitilin ality of, th1E1 ail i1 ulih- 4insilenl-ition are vnl mer-elY Ih i ElI hI IllsePIT(, S1hl4 be dtililoI iijustv ie. lo 11nl1y ito li intrinl siE slrein t till he' fv positions a n tilwE 4 b1jectioin thillI sielv1 bit lt) 1 livir i nulhill pl 'esellilion, a1 a EE14 w ril tIle1. rmll he I*4 f(-1lI ar iltiills bh. wh N lvl O i iiiile t slippm-t ed. but li 4 n o i t E ain It he 1uler sl.ain4 lityll- i tt jw p ili ll yo sIt of arn11tivi itat iln, " , with wh i atton in' d iii AlItEEra1Y stfuief it to Say that afte iIc n""St , i' ""il oliievaiuon Illte easonls pro t vonl, 1 enkliaot Ih-iset vil that the gednconisitititioal i o ill til Elf 1 acts ]el. nsle to ap pear wvillI 111ai 1i1mr11l (.4.rtaillty ofIll,t at mauexi a I l 11i'real eritility niee hsa o Iniy sint visin you. I is woth)t remlark 11ha1 the( relltrls to bet 11n11le to thev comlpiroller -veneraf, mentione-ti inl See. I of the Act, re n.4 equired it, b)v nllade Indhtil w\-ithdin h0 Elays IlIer Dei bmcm 31st. Thui, ml e tinw wEt ill b 1111 ed I'f such riaiy t) ofld ioil the act s n fito mak ixe. IVE' isureIl thaiici tbot ie gving yoiiiur act i h unEit,E evenslin thhte actIli' shuli beideclare unonsitution('1 ali iby ithe il juiia li deartmnt oif the ihovernment,h would haiiiliisuc Eaf decis litv nlileniia uthl willnnoesaisat thnitw wo(uIl rear t he acliit in allnW, w ieb .li'' conhi he sousitted lititil abilty wt leveatn simarI la i'els. ilr W lEfve'llie Iv t