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SOUTH AND WESTERN.
New Railroad Heading from the
West to the Coast -Why Not
Come by Newbrry?
The State, 21.
Mr. George L. Carter, president of
the South and Western railroad stat
ed yesterday that this great road may
come through Columbia on its way to
the sea. It is the purpose of the cor
porators to build a line from the
Great Lakes to Charleston.
Mr. Carter and his party came in
to Columbia unexpectedly yesterday
on a special train from Charleston
and after a brief stop went on to
Norfolk via the Seaboard.
This will be a great trunk line, and
if it comes to Columbia, as it will
if it is completed to the sea, this city
will be greatly benefited by an addi
tional outlet. Mr. Carter and his
party, after a drive around the city,
expressed themselves as very much
astonished to find such a large and
bustling city here and they were
gratified at the general appearance
of the city.
The visitors were met by Mr. W. G.
lCilds and Mr. W. H. Lyles of the
Columbia, Newberry and Laurens
road, and after a brief stay President
Carter left for Clinton in company
with President John B. Cleveland of
the Charleston and Western Carolina
It has been rumored here for some
time that Mr. Wm. G. Childs would,
on the 1st of January, retire from the
presidency of the C., N. & L. and tie
visit of President Carter yesterday
and his trip from Columbia to Clin
ton in order to catch the Seaboard
there gave rise to additional talk
along this line.
Mr. Porter of New York, chairman
of the finance committee- of the
SQh and Western, is a close busi
nas associate of Thos. F. Ryan,. and
it i4 believed that the-road has strong
financial backing in the East.
The road is being built from
Johnston City, Tenn. That statement
is a-. little bit vague. but is none the
less correct. The headquarters are
at Josnston City, once an objective
point for the ill starred 3C's which
has now been swallowed by the
Southern. It is said that 175
draughtsmen and auditors are em
ployed in the offices at Johnston
Mr. Geo. L. Carter, president of
the South and Western, is an East
Tennesseean, and it is said that an
''East Tennessee Yankee'' is the
greatest financier in the world. At
any rate Mr. Carter has been very
successful. He is the,. controlling
spirit in the Chirchfield Coal corpor
ation, in the Black mountain and
Crane's Nest coal fields, and in other
The great Black mountain coal dis
trict is as yet undeveloped and the
South r.a~d Western will open it to
the markets. .This section will be
the equal of Connellsville, Pa.. when
the South and Western traverses east
ern Kentucky and south west Vir
This would be the shortest route
from the coal fields to the sea if the
company should build from Johnston
City to Rutherfordton and from the
latter place to Spartanburg and
thence to Columbia and C'harleston.
The line now is operated from John
ston -City southward to Spruce Pine,
ad from Johnston City to Maryville
on the north.
The grade is projected so that it
will not exceed one per cent through
out the Blue Ridge. The seeret in
operating coal trains is how to oper-.
ate the empty trains at the minimum
uost. The objective point in the
north is Elkhorn, W. Va.
Mr. Carter is a man of great ex
eeutive ability and it is believed that
he will put his road through. Column
bia will hardly be given the "go by,''
but the Chamber of Comineree has
an opportunity to work to get the
FRANCHISE TAX ACT UPHELD.
Petition Against Comptroller Gener
al Dismissed-Chief Justice Pope
Writes the Opinion.
News and Courier.
tL@lnbia, September 21.-The su
premne court has dismissed .3e peti
tion in the case of the War-e Shoals
Manufacturing Company against
Comptroller General Jones, which is
the case brought to test the constitu
tionality of the Franchise License
Tax Act of 1904.
When the decision of the Supreme
Court was first announced in the case
brought by the British and Ameri
can Mortgage Company resisting the
payment of the tax under thi-s Act of
1904 it appeared that the whole law
would be nullifed. The decsion in
pany. but by implication it applied to
all foreign corporations doing busi
ness in this state. The case now un
der consideration was then brought by
the Ware Shoals Company, a domes
tic corporation, to secure the judg
ment of the court as to domestic cor
poratins, and if the supreme court had
followed its first decision in the
British and American case it would
have nullified the law of 1904 com
pletely. But Attorney General Lyon,
representing the Comprtoller Gener
al. filed a petition for rehearing in
the British and American case, and
not only secured the rehearing but
secured a decision reversing the for
mer decision of the court. Now the
court follows this up with another de
cision sustaining the Act of 1904. The
opinion in the Ware Shoals case was
filed today. It is written by Chief
This was an application to the su
preme court in its original jurisdic
tion for an injunction against the
Comptroller General restraining him
from proceeding under the Act of
1904, amended in 1905, to assess and
charge against the petitioner a tax of
one-half of one mill upon each dollar
of its capital stock paid in and out
standing, amounting to $500, and up
on refusal of the petitioner to pay
said tax within the time stated in the
Act to proceed to collect same as di
rected in the Act. A rule to show
cause why the injunction should not
be granted was issued on March 29,
1907, and a temporary injunction is
sued. The petition alleged in brief
that the Act in question is unconsti
tutional, null and void and that the
respondent is proceeding entirely
without authority of law.
"In considering the cause," says
Chief Justice Pope, "we are met at
the ouset with preliminary ques
tions of grave importance. The first
of these is whether or not this court
has jurisdiction to hear the matter,
and in case it find the Act unconsti
tutional, as alleged, it can then go
forward and grant the injunction
prayed for. Section 412 of the Civil
Code of 1902 provides: 'The collec
tion of. taxes shall not be stayed or
prevented by an injunction, writ or
order issued by a court or a judge
thereof.' The. Chief Justice points out
that the Constitution gives the su
preme court the right to issue writs,
orders of mandamus, injunction, etc.,
and the question arises whether the
legislature in view of this constitu
tional grant of power can prevent the
court from issuing a writ restraining
the collection of taxes. The question
has been exhaustively considered in
several cases cited, t.he court holding
that such action on the part of the*
legislature was valid. In all these
eases, however, the petitioner had an
adequate remedy at law, paying un
der protest and suing for recovery.
In all cases this remedy might not be
adequate,'' says the Chief Justice.
For instance, suit cannot be
brought against the state without the
state's consent, and this principle
may be applied to this ease, since the
tax in question is not collected like
ther taxes, but is collected by the
Domptrolled General and paid into
the state treasury direct.
'The Chief Justice then reviews the
law existing prior to the Constitution
of 1869 in regard to the recovery of
taxes illegally paid, an( the effect
of the constitutional provisions and
of Section 412, of the Civil Code. He
holds that the right to enjoin the col
lection of illegal taxes is not taken
away by the statute cited.
Considering, then, the constitution
dity of the License Tax Act of 1904,
-he Chief Justice notes the points on
which its validity is questioned and
decides, as in the British and Amer
iean Mortgage Company's case that
the Act is constitutional, and the pe
ition is therefore dismissed.
A Scottish Courtier.
Recently there was attached to the
Prince of Wales's household a Scotch
man whose capacity for bluntness
searcely fits him for the delicate du
ties of court. The Princess of Wales,
who has a burning desire that her
husband should be as popular with
the people as is the king, is always
endeavoring to find out the exact
feeling with which people regard him,
and -queries every newcomer in the
establishmn&t for information.. Call
ing the latest.addition to hersi de one
day she said:
"Now, tell me the honest truth
what do the public say about the
"Why, how should I know,
ma'am?'' he replied.
"Don't say such a thing as that.
You do know, and I do want - to
After some consideration, and feel
ing that there was no way out of it,
mia'ami, to tell you the truth, they
say he drinks like a fish.'"
"How disgraceful and unkind, and
unjust too, of them to say such a
thing," returned the princess with
tears in her eyes. "What an un
truth, too! I really don't think you
should have told me such a thing.''
People in the.royal entourage now
say that the Scot has come to the
end of his tether and that he won't
get a royal post again in a hurry.
Lor:don -Gor. of Cricago Tribune.
The doctor business seems to be
extra good at health resorts.
I have opened a first class
Meat Market on Friend street,
next c4or to the Observer office,
and am prepared to furnish
choice meats of all kinds.
All orders entrusted to me
will receive my personal at
Come to see my market.
It is the cleanest and most up
to-date market in Newberry.
J. A. WRIGHT,
We have decide(
We believe this t
pay an extra pro
pay. We quote
'ercales, nice goods.........
alaid Dress Goods.....
roadclQth, all colors................
Motions at lowest figures..
The best line ever brought to
A good Watch for 99c. 0th<
See our line of Jewelry and a
We are prepar
same money if t
have to pay an e.
fellow when you
Notice is hereby given that the
books of registration for the Town of
Newberry, S. C., are now open, and
the undersigned as Supervisor of
Registration for the said town will
keep said books open every day from
9 a. m., until 5 p. m., (Sunday ex
cepted) including the 1st day of De
Eug. S. Werts,
Supervisor of Registration.
Notice is hereby given that we will
make a settlement on the personal
property of J. W. Humbert, deceased,
in the office of the Probate .Judge fQr
Newberry county on Thursday, the
10th of October, 1907, at 11 o'clock,
M. M. Humbert,
Jno. M. Kinard,
Sept. 9th, 1907.
CALL AT The Herald and News office
for school supplies.
How to Remain Young.
To continue young in health and
strength, do as Mrs. N. F. Rowan, Mc
Donough, Ga., did. She says: "Three
bottles of Electric Bitters cured me of
chronic liver and stomach trouble, com
plicated with such an unhealthy condi
tion of the blood that my skin turned red
as flannel. I am now practically 20years
younger than before I took Electric Bit
ters. I can now do all my work with
ease and assist in my husband's store."
Guaranteed at W. E. Pelham & Son's
Drug Store. Price Soc.
[-ERE, WAS .
FIO PAID HIS
I to make -this A
obe to our adva
fit to make good
a few prices to s
Sup, our prices a
....... .... .-. 5c. yd.
_____8 1-3c. yd.
.. 10 and 12 1-2c. yd.
....12 1.2, 15, 20 and 25c. yd.
, 10c. yd.
......$ 1.00 yd. cheap at $1.25
..........c. and up.
...-0 to 25c. each.
....... . c a spool.
the town of Prosperity.
r grades in proportion.
upply your wants in all lines.
3d to give the bu
ey will give us ti
tra profit to me
buy of us.
ors with bargail
Ladies' & Gents'
Ice Cream Parlors
We make and deliver on
FINEST ICE CREAM
on earth. Every variety.
Vanilla, Chocolate, Straw
berry, Peach, Pineapple.
Rich, Pure, Refreshing.
Finest Quality Flavorings,Rich
est Pure Cream, Freshest
Fruits, skillfully put together
in spotless surroundings. Phy
sicians recommend Ice Cream
for the young, the weak and
the old. So that Ice Cream
like ours should win us medals
big and bright daily. Try our
superlative ICE CREAM to
Phone and have some de
livered to your home.
Worked Like a Charm.
Mr. D. N. Walker, editor of that spicy
tournal, the Enterprise, .Louisa, Va.,
jays: "I ran a nail in my foot last week
and at once applied Bucklen's Arnica
salve. No inflamation followed; the
salve simply healed the wound." Heals
sores, burns and skin diseases. Guaran
Seed at W. E Pelham & Son, Druggists.
A BURDEN 1
ntage, and we ki
Ken you buy fror
the loss on the f
how how, on a c
.re coming down.
We are prepared to give you
in Clothing than any poncern of
Boys' Pants from 25c. a suit an
Men's Pants $1.25 a pair and u
Men's Suits $5.00, $7.50, $10.1
We've got the goods and pri,
Give us a look.
Here we can do you much gc
Children's Sh e _..............
Women's Shoes . ..--.....
Men's Shoes ............-....................
All goods from the farm wear
If you don't look us over you
ying public mor
ieir trade. Reme
ke good the los
ity. S. C.
EARHARDT & WELLS,
Lessees and Managers.
Thursday, Sept. 26th.
Bigger and Better than
They always please.
Seat sale on
Newberry Hardware Co.,
Saved Her Son's Life.
fThe happiest mother in the little town
fAva, Mo,is Mrs. S. Ruppee. She
wfites: "One year ago nLy son was dowu
with such seious lung trouble that our
physician was unable to help him; when,
by our druggist's advice I began givig
him Dr. King's New Discovery, and I
soon noticed improvement. I ketthis
reatment up for a few weeks when
was perfectly well. He has worked
steadily since at carpenter work. Dr.
King's New Discovery saved his life."
Guaranteed best cough and cold remedy
0 THE MAN
from this datea
aow it is to the
n us you don't
ellow that don't
:ash basis, with9
bigger values for your money
fering goods here this season.
3oys' Suits 75c a suit and up.
Corduroy Pants $1.25 a piir.
0, $12.50'and $15.00 a suit.
ces and thsy must be sold.
od and save you lots of money
S....25c. to $1.00 a pair.
.........l ..........99c. to $3.50 a pai-.
...........$ .0to $5.00 a paIr,
to the nicest Patent Leather.
will lose money.
e goods for the
~mber, you don't
s on the other