Newspaper Page Text
VOL XLV N0 2 NEWBERRY, S. 0., TUESDAY. JANUARY 7. 1908, WC EK.$.0AYA
NO CHANGES IN FORCE.
Employes of All Lines Controlled by
Seaboard to be Retained-Gar
rett Remains in Charge.
Norfolk. Va., Jan. 3.-W. A. Gar
rett. president of the Seaboard Air
Line railway, which was yesterday
placed in the hands . of S. Davies
Warfield and R. Lancaster Williams,
as receivers, has been appointed
"chief executive officer for the r.
ceivers" and the first general notice
by the receivers was made piblic in
this city today.
The following is the text of the no
tice by the receivers:
"Richmond. Va.. Jan. 2. 190S.
"Notice is hereby given to the
public, to all former officers and em
ployes of the Seaboard Air Line
railway and its underlying, constitu
ent and controlled companies and all
persons having, or who may have,
dealings with said companies or any
of them that the decree entered in
the circuit court of the United States
for the eastern district of Virginia
on thisAate, in the case of Seaboarl
Air Line railway vs. the Continental
Trust company, trustee, under the
firts mortgage of the Seaboard Air
Line railway, the undersigned were
appointed receivers of said court for
each and all of said companies and
the properties and assets thereof:
"And by like orders entered on
this date in the circuit courts of the
United States for the -proper districts
in the states of New York, Maryland,
North Carolina, South Carolina,
Georgia, Florida and Alabama, in
ancillary proceedings pending in said
courts under the above style, the un
dersigned were also appointed ancil
lary receivers for each and all of the
said companies 'and the prt>ertiec
and assets thereof in each of the said
"And notice is also given that un
der authority of and in pursuance of
said decrees the undersigned receiv
ers, appointed as aforesaid, have
taken possession of all the proper
ties, rights and franchises owned,
eontrolled or operated by the Sea
board Air Line railawy, its underly
ing, constituent or controlled com
panies, and ea_h of them, and that
.by said orders all persons were and
are enjoined from in any way inter
'fering with either the persons or
the discharge of their duties by the
undersigned as receivers of said
courts, as set forth in the said decree,
respectively, and were and are en
joined from interfering in any way
iwhatsoever with said receivers, as
will more fully .ppear by reference
to said decrees.
Mr. Garrett Appointed.
"Until further notice Mr. W. A.
Garrett of Norfolk,. Va., is appointed
chief! executive officer for the re
eivers. and subject to his control
and -direction all* the other officers
and employes of the Seaboard Air
Line railway, its underlying, constitu
ent and controlled companies are
hereby appointed officeers and em
ployes of the receivers for the said
companies, respectively, with the
same titles, eompensations and du
ties as on the date of the appoint
ment of said receivers.
"Until further notice all tickets.
passes and other forms of transporta
tion issued by the above named com
anies or either of them will be re
coanized and accepted by the con
dutors. employes and officers of the
undersigned receivers, to the same
extent as the same were heretofore
accepted by the said companies.
"All forms and records now in use
by the several companies will be con
tined in use by the receivers until
"All moneys coming into the hands
of the treasurer and otiver employes
-of the receivers will be deposited to
the credit of the receivers in the
same manner and in the same banks
or 'nsttfntions in which said moneys
have been heretofore deposited to
'the credit of said company. and will
be disbursed upon vouchers sizned hy
the proper officers of the receivers
in the same manner as such moneys
ae heretofore been di.sbursed by the
officers of the companies, subject to
pointing said receivers.
"S. Davies Warfield,
"R. Lancaster Williams.
A copy of the notice has been mail
ed to agents and employes of the
ASKS FOR MONEY
FOR MERGER SUIT.
Lyon Says He Must Have $5,000 Foi
a Real Trial.
Attorney General Lyon, in his re
port to the general acsembly, mak
the following comment and recom
mendations concerning the celebrateJ
"In pursuane of the authoritt
given by the legislature at its last
session. I employed Messrs. Bellin
ger & Welch as associate counsel.
"The case was called for trial be
fore Judge J. C. Klugh on the 9tn
day of December, 1907. An ordei
was passed allowing the state tc
withdraw its complaint upon paymen4
of costs. This action was taken foi
several reasons, among which are the
"From what the attorneys for the
state' can gather, from the probable
evidence in the case as it at present
appears, the pleadings will be more
satisfactory if re-formed. It is be
lieved that with sufficient funds. evi
dence will be obtained to establish
the facts that the leased lines are
co;peting and parallel within thi
I meaning of the constitution, and the
state would be at great disadvantage
if the case should be tried on it:
merits without further opportunity
to establish the true facts.
"It is believed that in many in
stances positive financi2l damage is
being done the people along the lines
of the roads held under the lease.
"'The state finds itself confronted
with a number of the most promin
ent railroad attorneys of America,
and a thorough organization on -the
part of the railroad for.. a collection
of its evidence. As a matter of fact,
the railroad is privy to all of the
facts in the case. while the state
must ferret them out as best it can.
The state. under present conditions,
has not the money necessai-y to de
fray the experises of collecting the
evidence on its part.
"If this case is to be litigated seri
ously, an appropriation of not less
than .95,000- should be made for thai
purpose and for payment of associate
counsel fees. If the legislature is not
willing to appropriate sufficient funds
to give this &ase a full and thorough
rial, it 'would be best t, discontinue
*"It is my opinion that the lease~
held by the Southern raihvway should
not be confirmed as the result of a
trial which would ..necessarily be lit
tle better than a sham with the means
at my disposal at present for the
preparation of the case."
Communiion services w~ill be held in
tihe Newberry Evangelical Lutherar
~pastorate as follows: At Mayer Mem
orial the 2nd Sund.ay at 11 o'clock
a. in.: St. James. Jalapa, 3rd Sun
day at 11 o'clock a. in., and Beth
Eden the 4th Sunday at 11 o'cloci
Every body invit'ed to all th-e ser
vices held in the pastbrate.
J. D. Shealy, Pastor.
The elements of genuine human in
terest are so nicly blended with the
softest and sweetest heart tones. the~
lines of the spontaneous wit and hu
mor of the bluff. rugged western min
ers are so cleverly and skillfully in.
termind]ed with the dleepcst pathios
that paeraal love can inspire. thai
the Kirke La Shelle production of
Paul Armstrong ' excellent comedy,
"The Heir of the Hoorah." which
will be presented here at the opera
on WednesdThy, January 29. was
prononneed by all critics the grreat
'st and most pleasingt of the decade.
"'The Heir to the Hloorah"' is a
true American comedy, by an Amer
ican author, produced by an Amer
ian manager, aeted by American
players and thoroughly enjoyed by
LORD YARMOUTH TO RESIST.
Will Centest Action Brought by Hi:
Wife, the Countess.
London. January 4.--The solicitor:
of the Earl of Yarmouth, whose wife
formerly Miss Alice Thaw, of Pitts
burg, 1,as begun suit for the' nulli
fication of her marriage, have givel
notice that they propose to defen<
the action. The case probably wil
not be heard for several weeks.
While this action is quite distine
' -n a divorce, it will be heard it
the Divorce court, the sittings o;
which begin January 11. The cour
has only two Judges, and thgre arE
on the calendar 156 undefended cas
ej, which take precedence over the
defended suits. . The Yarmouth sui
stands 61 on the list of defende<
Lewis & Lewis, the famous firm o
solicitors of which Sir George Lewis
the best known lawyer in England
is the head will represent the Coun
Insanity previous to marriage
non-consummation of the marriag
relation or an existing marriage ar;
the only grounds upon which, undei
the English law, a marrage may bE
Countess Controls Her Fortune.
Pittsburg. Pa., January 4.-T.h
many stories concerning the financia
settlements growing out of the mar
riage of tire Earl of Yarmouth an<
Miss Alice 8ha.w were set at res
today by a statement, issued b:
Frank Semple. Jr.. agent and attor
nev for the Thaw -etate.
Attorney Semple's state is as f,l
"There appears to be some misap
prehension in regard to the fortuni
of the Countess. It is all in her owl
etrol. The Earl of Yarmouth ha,
n' squandered her wealth. A largi
p, ; :t of her finances were placed it
. :: ds of trustees by her fathe:
under his will and previous to the
marriage of the Countess she plac
ed the remaining portion in the pri
vate trust for her own use and it ic
I being held in this country and unde:
her control. Money is sent to he:
fr'om America as she wants it. Thin
Countess set aside an allowance fo
the Earl under the marriage se ttle
ment, which he receives monthly.''
It is 'believed here that should th~
'Countess secure a nullification of he'
marriage, as applied for in thi
English Courts, the Earl's- monthl:
allowance will stop.
The nature of the charges brough
by the Countess have resulted il
many expressions of sympathy fo:
he.Attorney Semple admitted to
day that Mrs. William Thaw, mot'1
er of the Courntess, is at her home ii
this city, confined with a slight at
tack of rheumatism, and that she ha
telegraphed to New, York that sh<
would be unable to attend .the open
ing of the trial of her son, Harry K
"'Naturally,'' said Mr. Semipl
"'Mrs. Thaw knew of her daughter'
marital infelicity,.some time ago ani
of her intention to apply for a di
vorce. The public announcemen
that the Countess had taken this ae
tion has not therefore been so sever,
a shock to Mrs. Thaw as it woul4
had she been unprepared for it. Thi:
has nothing to do with her not going
to New York.
MISS VANDERBILT TO WED.
Will Wed Count Szechenyi Januar)
*23' at Mother's Fifth Avenue
New York, Jan. 4.-According t<
a statement published today the mar
riage of Miss Gladys Vanderbilt
daughter of Mrs. 'Cornelius Vander
ilt, to Count Laszio Szeehenyi wil
take plac'e Jan. 2:3 at the home 01
Mrs. Cornelius Vandei4bilt at Fifty
eighth steet and Fifth avenue.
The reason why the postponemen:
of the wvedding had 'been set for th<
middle of December was bea use th:
relatives of Count Szeehenyi desirei
to spend the Christmas holidays ir
their own countr'y. They are now o:
McCULLOUGH OR SENATE.
Distinguished Greenville Lawyer May 1
Make Interesting Announce
James H. Price in Columbia Record.
Greenville, Jan. 4.-It is probable
that in a few days Hon. Jos. A. Me- 1
Cullough, of this city, will announce t
his candidacy for the United States I
senate, to succeed Senator Latimer,
the present junior representative of
South 'arolina in the upper house 1
of congress. This much is known,
that from all over the state hundre-ls
.f prominent men have written Mr. I
McCullough, urging him to enter the I
race, and pledging their support te,
him above all other .present or pros
pective candidates. 1
Here ,in Greenville county, where 1
Mr. MoCullough is known, and where<
he has established a reputation as a
lawyer and orator which has spread
throughout the state and into other<
states, no announcement in the world
of polities would be hailed with great
er delight than Mr. MoCullough's 1
statement that he will be a candidate
for the United States senate. There
is not a man in this country who is i
better known to the voters of, the <
Piedmont section than Mr. McCul-1 I
lough. He served for many years in
the state legislature, and always re- I
ceived a vote far ahead of the nee-,
essary majority to elect.
.As to qualifications, Mr. McCul
lough's friends do not believe there
is a man in the state btter fitted to
represent South Carolina_ with hon
or and dignity in the senate. To be
-in with he is a man of rare educa
tion. As a graduate of South Car
- olina college and a profound and en
thusiastic student, he is qualified in
.every respect to measure up with the,1
intellectual lights of the senate.
His alma mater at its centennial
celebration in 1905, put the seal of
it> approval upon his scholarship by I E
conferring upon him the hjonorary
degree of LL.D.
As a lawyer of great ability, his
reputation extend throughout the
stat.. Frequently he has been ap
pointed by the governor to preside at
special terms of courts in different
counties, and his work has brought
forth the highest praise from the ,
members of the South Carolina bar
who have practiced before him.
Mr. McCullough .is an arotor of
rare ability. He has been heard.I
with delight by audiences in Atlanta,
New York, Oolum>bia and elsewhere.
Sebblarly, digni.fied and elequent,
he impresses his audiences with thei
fact hat he is a master of the Eng
lish language and the subject upon
which he is speaking.t
-While Mr. McCullough would noti
be able to cope with -Senator Lati- (
mer, Mr. Martin and Col. Johinstohe di
in sarcasm and wit, (that is, he
would niot try to), but if he eatersi
the race the voters will be treated
to clean-cut orations of topics of vi-.
tal importance to the nation and thei
The entrance of Mr. McCullough i
in the race would create a great deal
of lively interest heret4fore laeking I
in the campaign. He would be ablei
more than any other candidate to 1
Sinvd Y Aro county, tihe homne of
Iin that large county. Mr. MeCul- <
lough has hosts of friends in the
Electric city and adjacent county,
and would undoubtedly poll a heavy
vote there. In Spartanhurg county,
Mr. McCullouzh is almost as popu
lar as John Gary Evans. who. if is
understood, is contemplating making
another effort to wear the toga. In
fact, ini the home county of every1
andidate who has so far entered the<
race, Mr. McCGullough is well known
and has many friends. Ia the lower
counties of the state. this Greenville
statesman is unusually strong.
While it is not absolutely certain Ii
that Mr. McCullough will run, it is
~known t>at hc is seriously consider
ing ti'm matter. His friends are
prewino him for an immediate decis
ion,l andl no doubt he wvill make pub
li his intentions in a few days.
Haste not, rest not.-Goethe.
ELEC,TION ADJUJDGED VOID.
Jounty Board Decides Against Cal
houn County-An Appeal is
Orangeburg, Jan. 2.-The county
>oard of canvassers after spending
wo days hearing testimony and evi
lence. today declared the Calhoun
ounty election illegal, null and void.
The board is composed of John S.
3wman, Jr., chairman; W. B. Foglh
Lnd T. J. Hart.
The decision of the board, whieb
vas unanimous, is as follows:
"We find -s<me irregularities in
everal books, such as voting outsidE
>f right precinct, not demanding pro
er proof of payment of tares, etc.
ut we find there are not "enougl
f these irregularities to change thz
-esult of this election.
"We further find that about 6I
)r more qualified electors, residing
vithin the area of the proposed new
>ounty of Calhoun, including por
ions of Orange, Goobys and Populai
ownships, were deprived of the con
titutional right to vote in this alee
ion as the said electors are resident:
f the proposed new county, whih
heir voting places are without, anc
he act of the legislature relating t<
he formation of new counties doe
iot provide the means or the oppor
unity to vote in such ease.
"We therefore find that in depriv
ng these qualified electors of the
-ight to vote the constitutional pro
ision has been violated, and on thi:
tround we de hereby declare thi,
leetion null and void.''
It is presumed that the Calhout
'ounty advocates will appeal to th
;tate board, and should that body not
everse the county board they wil
ake the matter to the supreme court
However, the matter would be tak
!n to the supreme court by the op
>onents of the new county in the ev
nt of an adverse decision by th
Should the new county not win 11
vill mean that the whole matter will
Lave to be gone over again-,petitiozi
urveys. election and all-should thsy
new their fight for the new coun
Messrs. Wm. C. Wolf? and Col
V" 0. Herbert of the local bar made
he fight for the opposition and Mr.
. H. Welsh of Columbia and W. F.
uvek of St. Matthews opposed i:
ehaf of -the new county.
Friends of the new county arriv
n here last night from Orangeburg
ave out the following statement
oneernng the decision of the coun
v ord of canvassers.
'The board of eanvassers for
)rang'bu:g county .have been busy
or the past few days 'hearing th
!vidence in regard to the contest of
he Calhoun county election. Tues
lay and Wednesday were taken uT
vrith testimony and arguments and
oday the board rendered its decision
"The part,ies who ha.ve conteste(
he election were the same partie:
ho recently institu'td a case befori
he supreme court. In that case the2
nade the point that a certain num
>er of qualified electors would not be
rle to vote beenxse their votigl
>laces were on the outside; that 13
)n the outside; that is, not includet
vithin the line of the new county
['he supreme court in passing upol
:his point said very plainly tha
rhile this was a serious question stil
tt miht turn out- to be purely ai
ibstract one because the result o1
:he vote might be such that thosi
vo could not vote, provided tha1
hey had -voted, would not hay
ha.zed the result.
"t the election, held for the for
nation of this county, 556 voted ye:
n the Orangeburg territory and 91
oted no. This vote was ta'bulated b:
he board of canvassers and found t<
"Taking these figures, the net
runty advocates~ can spare to thei
;.nnts 170) votes, that is to say
heopposition to the formation 01
he nev county would have to ge
[79 additional votes to that wh1er
:hy now have on the face of t.h<
"At th ones it was shown ta
64 voters were unable to vote be
cause their voting place was on ths
outside. !The bard . of canvasser9
find that 65 could not vote because
of this fact. Granting that there
were 65, and taking this from 179, it
leaves 114, which the opponents of
the new county would have to have
in order to have one-third of the vote
polled by those who voted in favor
of the county. In other words, the
opponents of the formation of the
new county would have to show 115
more than the 65 voters who could
not 'vote on account of their boxes
being on the outside of the propos
"The decision has not discourag
ed the citizens of Calhoun county, as
they know that the state board of
canvassers will be appealed to. Very
few expected the county board to
decide in Calhoun county's favor,
but they know that their action- was
not 'final. The following was the
Orangeburg county vo.+e: 556 "yes"
votes, 99 "no"; total 655.
"The new county won. Conceding
the 65 opposition votes claimed by
them debarred from voting on ac
count of no voting .precinct being
opened in the toavnship, the advo
cates of the new county would still
win with 114 votes to spare."
-Cassin; Quinby,. who plays Lon
Perry in -'The Heir to the Hoorah,"
is an old Shakespearean actor with
a repertoire longer than the memory
'of an injured Airab. Mr. Quinby
declared receatly during a supper
sparty at the Boston Club, that the
first time he came to Boston, in the
palmy days of Museum, the grave
stones in the ancient Granary Ce,me
tery were so conspicuously new and
white that they hurt his eyes in tha
glare of the morning sunlight. .nt
he deelines-to state his real age more -
definitely than that. -
THE NEWS OF POMARIA.
Business Not Good and Collectons
Poor-Farmers Holding Cotton
Pomaria. Jan. 6.--Mr. and Mrs. D.
A. Livingston spent yesterday in Po
maria. w"ih tf'.e. fan-ily of Mr. W. W..
Miss Nelle Knigh t returnad on
Saturday from her home at -Hoaea
Path, wihere see spent the Christmas
Ecidays. She resumed th-e exercis
es of her schocil, -Bethel Academy, this
Mr. E. -B. Feagle visi'ted his par
ents at th,eir home near Neiwberry
The merchants here report collec
tions as very peer for -tie last six or.
eir.zht weeks. A good many of their
d<'btors are holding cottion for high
er prices regardless of obligations to
the mereciants tha~t have been due for
several monUhs. It is an excelent
thing to hold the cotton off thre mar
ket in order to raise the price, but it
is hardly fair to make the merchant -..
suffer for it, -
There was another homicide in th~e
county a couple miles north of Po~
maria on last Friday afternoon. Sam
Setzler shot Clarence Baites, in the
head with a pistol, kiIlin'g him in
stantly. Both parties are cloed.
Coroner Lindsay, accompanied by
Sheriff Buford, came down and ;held
Ithe inquest on Saturday morning.
Setzler elaims that the shooting was
accidental, but hre will have to estab
lish that fact in court, as the coro
ner 's jury did not exonerate him,
Te sheriff earried him to jaisl.
Miss Jennie Martin, who teaches
'at Zion Academy, returned yester
day from her home a-t Sim'psonville,
in order to 'begin the exercises of
her school 'today.
Mr. A. D. Shealy came down from
Nwbenry yesterday to visit Mrs.
Shealy, who has been spending some
tme 'with 'her mdither, Mrs. Henry
Mfr. and Mrs. E. 0. -Hentz return
ed on last Thuirsday from a visit to
Mrs. Hent-z's mother. Mrs Dr. F.
M. Setzler, of near Whitmire. Mr.
Hentz reports having had some fine
mort hunting, he in company with
.~everal otihers, having -killed a hun
dred and twenty-five or thirty birds
durin. hi visit.