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The herald and news. [volume] (Newberry S.C.) 1903-1937, November 27, 1908, Image 3

Image and text provided by University of South Carolina; Columbia, SC

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn86063758/1908-11-27/ed-1/seq-3/

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THE MERGER SUIT
HAS BEEN DECIDED
CASE AGAINST SOUTHERN GOES BACK
FOR HEARING.
Attorney General Lyon Will Have to Push
Original Complaint?History
of the Case.
The State.
The State supreme court has rendered
a decision in the famous merger
suit brought by the State of
South Carolina against the Southern
railway. The decision reverses
the order of the lower court, which
allowed the attorney general to
withdraw the present suit and bring)
other proceedings but allow the at-J
torney general to try the suit at
any time and does not affect the
issues. The decision is of vital importance,
although it is probable
that with the appeals and demurrers
entered it will be some time
before it is finally settled.
The history of the merger suit is
familiar to those who have followed
it. Some years ago the Southern
railway acquired the old South
Carolina road and several branch
lines in Iliis State, a special act
being passed by the general assembly
authorizing the lease. After
the leases were completed several
suits were brought bv private parties
against the Southern railway
on the ground that the constitution
had been violated in that competing
lilies had been bought up. The
object of these suits was to obtain
penalties from the railroad as provided
by law. Finally at the request
of the late Attorney General
Ciunter, the general assembly authorized
that department to bring
suit to test the validity of these
leases, the railroads being anxious
to settle the case. The papers
were accordingly made out and
tiled. After much litigation the
case was ordered to a master for
testimony. These matters were in
the hands of Attorney General
Gunter and Younians, both deceased.
Judge Klugh's Order.
When the case was called, shortly
after Attorney General Lyon took
office, a motion was made by that
official to withdraw the present
' case. This motion was resisted by
attorneys for the Southern railway,
but the attorney general was sustained,
and the following order was
issued by Judge Klugh:
"This case comes before the
court on motion of the attorney
general to withdraw his complaint
herein and discontinue these proceedings.
"After hearing argument 011
both sides, it being the opinion of
the court that the attorney general
has the right and authority to discontinue
such proceedings and that
an order to that effect shojild be
granted upon payment of costs; it is
"Order.ed and adjudged, That
the clerk of this court do within
15 days lax the proper costs and
disbursements in these proceedings
and upon the payment by the plaintiff
of the costs and disbursements
so taxed the plaintiff have leave to
withdraw this complaint and summons
and discontinue this action
\ without prejudice.
| "J. C. Klugh,
Presiding Judge."
1
The Exceptions.
From Jhe order of Judge Klugh
the following exceptions were taken:
"Excepts because the circuit,
court erred in allowing the plaintiff
to discontinue this action for the
reason and on the ground that the
attorney general as plaintiff's attorney
had the right and authority so
to do; whereas, it is submitted that
if the case could be discontinued
at all against the objection of the
defendants, it was only in the exere-'se
of the judicial discretion of
the court and not as a matter of
1 right on the part of the plaintiff.
Kxcepts because the circuit
court erred in holding that it had
110 discretion in the matter and could
jiot refuse the 1110 ion of discontinuance
made by the plaintiff, but
I
must grant it as a matter of right, |
whereas it should have held that it
had such discretion and refused to
grant the motion.
"Kxcepts because the circuit
court failed and refused to exercise
its judicial discretion as t'o
granting a discontinuance in this
case and did not in such exercise
refuse the plaintiff's motion.
"Kxcepts because the circuit
court erred in not holding and deciding
that in the exercise of its judicial
discretion it would refuse
| plaintiff's motion, instead of holding
as it did that the attorney general
as plaintiff's attorney had the
absolute right and authority to discontinue.
"Kxcepts because the circuit
court erred in not holding that a
discontinuance of the case would
deprive the defendants of a substantial
right, and therefore a discontinuance
should be not granted.
"Kxcepts because the circuit
court erred in not holding that under
the law and practice of the
courts ol this State this was not a
case that could be discontinued
without the consent of the defenI
dants or without the leave of the |
: court in the exercise ol its judicial
j discretion if I he defendant objects;
to such discontit.uanee.
"Kxcepts because the circuit i
court erred in not holding that the I
; plaintiil was estopped or concluded
j from moving to discontinue the
case by reason and on account of
I the matters and things set out in '
the affidavits submitted b\ defen-1
I dants to the court.
!
Kxcepts because the circuit'
court erred in not holding that the
defendants by their answer set up
and claimed affirmative and ]>ositive
relief to which thev were entitled
by the statute under and by
virtue of which the case was instituted,
and that by the provisions of
the act of 1904 they were entitled
in this proceeding to have their
rights and obligations declared and
protected in the decree to be rendered.
and hence this case could
not be discontinued without their
consent.
"Kxcepts because the circuit
court erred in not holding that
under the terms and provisions ot
the acts authorizing the institution
and maintenance of this action the
attorney general could not without
further direction of the general
assembly discontinue the same, the
general assembly having expressly
directed and provided for its prosecution
and not for its discontinuance.
"Excepts because this being a
case in equity, his honor, Judge
Purely, as circuit judge, had by order
made ip i?jo-| framed five issues
of fact and directed the same to be
tried by a jury on the law side of
the court. These issues were placed
on calendar 1 for trial before the
court and a jury. The mattcrcainc
before the circuit court 011 the call
of the calendar 1, for the trial of
these issues, under this order of
Judge Purdy. The c rcuit court
therefore having only before it the
issues so ordered to be tried, by another
circuit judge could not refuse
to try the same and .try the whole
cause 011 the motion of the attorney
general."
The decision of the supreme
court sends the case back to the
circuitjcourt for trial 011 the old complaints.
The future action of the
attorney general in the case has not
yet been outlined, but it is possible
that the complaint may now be
amended so that the original order
will be eairied out under a new
form.
NEWBERRY UNION STATION.
Arrival and Dcparturo of Passenger
Trains?Effectivo 12.01 A. M.
Sunday, June 7th, 1908.
Southern Railway:
No. 15 for Greenville .. . .8.57a.m.
No. 18 for Columbia .. ..1.40 p.m.
No. 11 for Greenville .. ..3.20 p.m.
No. 1(> for Columbia 8.47 p.m. '
C., N. & L. Ity.
No. 22 for Columbia .. ..3.47 a.m. j
No. 52 for Greenville .. 12.56 p.m.
No. 53 for Columbia .. ..3.20 p.m.
No. 21 for Laurens .. ..7.25 p.m.
* Does not run on Sunday
This time table shows the times at b
which trains may bo expected to d'e- '
part from this station, but their de
parture is not guaranteed and the | I
timo shown i3 subject to change with- j
out notice. 1
G. L. Robinson, 1
Station Master. | |]
CHARIjESTON & WESTERN CAR- ' L
OLINA RY. 5
it
Schedule in effect May 31, 1908. ra
ti
Lv. Newberry(C N & L) 12:56 p.m. For
Ar. Laurens 2:02 p.m. -I.01"''
Lv. Laurens (C & W C) 2:35 p.m. ?ou"
Ar. Greenville 4:00 p.m. Aches
Lv. Laurens 2:32 p.m. on?vl
Ar. Spartanburg 4:05 p.m. ers'n
t r~i , , ,? ' 1 NOAM f
Lv. Spartanburg (So. Ry.) ,):00 p.m. ? .,
Ar. Hendersonvillo 7:45 p.m. ?
Ar. Ashevillo 8:50 p.m.
Lv. Laurens (C & W C) 2:32 p.m.
Ar. Greenwood 3:32 p.m. ]
Ar. MeCormick 4:33 p.m.
Ar. Augusta 6:15 p.m. i
Tri-Weekly Parlar Car line between
Augusta and Ashevillo. Trains ^
Nos. 1 and 2, leave Augusta Tuesdays, |
Thursdays and Saturdays, leave oj(|
Ashevillo Mondavs, Wednesdays and < ,
I'l""
1' ridavs. ..
Note: The above arrivals and dopartures,
as well as connections with I
oilier companies, are iriven as infor-|s ,
mat ion, and are not guaranteed.
Ernest Williams,
Gen. Pass. Agt.. ?
Augusta, Ga. !$
Geo. T. Bryan.
Greenville, S. C..
Gen. Agt.
BLUE RIDGE SCHEDULES. ,
Eastbound.
No. IS, leaves Anderson at 6.30 a.
m., for connection at Bclton with
Soul hern for Greenville.
No. 12, from Walhalla, leaves Anderson
at 10.15 a. in., for connection &
at Belton with Southern Railway for
Columbia and Greenville.
No. 20, leaves Anderson at: 2.20
p. in., for connections at Belton with .
Southern Railway for Greenville.
No. 8, daily except Sunday, from
Walhalla arrives Anderson 6.24 p.
in., with connections at Seneca with "
Southern Railway from points south.
No. 10, from Walhalla, leaves An- f |
derson at 4.57 p. n^. for connections I
at Belton with Southern Railway for i
Greenville and Columbia.
Westbound. 1J|
No. 17, arrives at Anderson at 7.50 lf|
. in., from Belton with connections
from Greenville.
No. 0, arrive?- at Anderson at 12.24
p. m., from Belton with connections
from Greenville and Columbia. Goes
to Walhalla.
No. 19, arrives at Anderson at 3.10
p. m., from Belton with connections
from Greenville.
No. 11, arrives at Anderson at
.29 p. m., from Bclton with connections
from Greenville and Columbia.
Goes to Walhalla.
No. 7, daily except Sunday, leaves
Anderson at 9.20 a. in., for Walhalla,
with connections at Seneca for local
points s.iulli.
Nos. 17, 18, 19, and 20 are mixed j!
trains between Anderson and Beltor,.
Nos. i and 8 are local freight
trains, carrying passengers, between
, Anderson and Walhalla and between
j \ValhallM nnt1 Anderson j
JNO. P. LONG.I
have a nice up-to-date
line of Shoes, Hats,
Dress Goods, Notions,
Underwear, and everything
that goes to make
a complete stock of jj
general merchandise. j;
SEE ME BEFORE BUYING. I
JNO. P, LONG,
SILVER STREET, S. C. |
ODIIIUCOCAINEahd I
rlUlfl WHISKEY. I
Habit* cured at my Sanatorium In m k?
f#w woeka. You can return to your M
homo In 30 days well, frooan<l happy. | W
I have made thoao hahltR a unoclnlty for S
2ft yoarH and oil rod thoiiHanda. pnpr J
Hook on Homo Treatment aont rtlCC U
A<l(lrort? Oil. II. M. IVOOM.KV, vntn
'oa N. Vrjor iJtr?et, Atlnnto, W*. ?
awe Doctors' <
BS
\
y having at hind when the emergency 1
rises bottle of ?
rmrra
ifaffliSii
? Puro, 5?-onjc and Penetrating, that L
stops nw it Immediately all Inflam- "
lation, congestion, aches and pains ol
i? Nerves, bones, Cords and Muscles.
Rheumatism, Sciatica, I.ame Back, Still \
s, and Muscles, Sore Throat, Colds, Strains,
us, Cuts, liruiscs, Colic, Cramps, liulifcsroothache,
and a\l Nerve, Hone and Muscle
! and Pains. The genuine has Noah's Aik
iry package, asc., 50c. and f. 1.00 by all dealmedicine
every where. Sample by mail free. /
tEMEOr CO.,RICHMOND,VA..A UO?TOM, MA8I., U *
and Guaranteed by Gilder & Week*
FOR SALE. 1.)
lurse power International (Jas- n
online almost, new.
1 - hor.-e power Steam engine, the ..
r make on seidils.
l-'lourinj* Mill with all fixtures.
iro.nl hrood family mare, 10 years \v
in fold from fanirlnnan Bros. p
Kentucky horse.
ill -'ell any or all of (he above
M-rty ilown at unheard of prices. A
ill and see me at Little Mountain.
A. X. II.il.iiiil,
SSI
William E. Pelham & S
E# PEOPLE Pi
l\TH CASH T|
Our customer
A check accoi
Bank will elii
difficulties of
funds as you \
Your business
conned. . . .
HE EXCHANGE
of Newber
D. DAVENPORT,
President.
SOME OF OUF
To be conservative.
To pay four per cent.
To calculate interest semi-a
To bond every employee.
To be progressive and accoi
To lend our money to our c
To treat our patrons courte
To be liberal and prompt.
To secuie business 110111 all
TO IiK TIIK VICRY HKS'l
TO DO BUSINESS \\
Our institution is under the sti
examined by the State Bank Kxai
The Bank of
Pi osperit,
DR. GKO. Y. IIUNTKR,
President.
J. F. BROW NIC,
Cashier.
aammuBaua
(
>PERA HOUSE 11
EARHARDT & BAXTER, |
Lessees and Managers. |
Saturday, Nov. 28.
JED CARLTON
prusknts
Beatrice Gordon :
Was She to Blame'
l dramatization of BKRTlIA M.
CLAY'S beautiful story
"A BITTER ATONEMENT"
l complete Stage Product ion.
Special Scenery.
Competent Cast.
If there is any humor in your
lake-up you will laugh 'till you cry.
If your heart has a tender spot
lis play will reach it.
Seats on Sale at Newberry llardare
Co.
rices 25. 35 .v* and 75 Cents.
. W. JONES. THE PLUMBER, lias
simp ii:st l>;u\ ??C pos-t ofl'u.-e.
i t imates furnished ??11 npplicalii>n. j
aop.ur '?\uii? J !? /??i5<
WWWSc!
CINE C0.,ST105J!S"-A
on, Newberry. S. C.
AY BILLS
[IESE DAYS
s know this,
mt with this
minate any
using your
vish. . . .
> will be wel
BANK
ry, S. C.
M. L. SPEARMAN,
Cashier.
l POLICIES: |
initially. r]
inmodating. [
nistoiners. U
['HANK FOR YOU U
thi. I 1
pervision of and regularly 1
inner.
Prosperity, .
y, s. c. i
DR. J. S. WIIKKLKR, fj
V. President. H
J. A. COUNTS, fj
Assistant Cashier. j| ^
Newberry
Hardware
Company
VJi
Q)
% 21
B nwi^ffr-; it mi
IIIIMHiiM
bshh KB!
iiBMi
Cl>
a
IEWBERRY
1ARDWARE
50MPAHY.

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