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VOL XLVI, NO r.")7 NEWBEIMYP S. 0., TU tL--%DAY. JTULY 20. 1909 TIEAWE.$.0AYA
SIXTEEN DROWN IN A DAY.
Half-score of Merry-makers Die When
Craft Sinks.-Five Swimming
New York. July 18.-Sixteen per
sons, five of them women, met death
by drowning in the waters either
surrounding or in tha vicinty of New
York to-day. Ten of the victims per
ished after the capsizing. of the ex
cursion sloop Roxana, carrying 22
passengers, whioh was struck by a
sudden squall in lower New York bay,
midway between Coney Island roint
and Hoffman Island. late tihis after
noon. Of the survivors one woman,
Mrs. C. Knudson of Brooklyn, is in
such serious conditior that she will
probably die. Her two daughters
The other drownings, with but one
exception, were swimming accidents.
HAYNE BUFORD WOUNDED.
Has Altercation With Negro Hotel
Porter at the. Depot in Lau
Lairens. July 18.-In an alterca
tion at the passenger station early
this mo.rning with Rich Curry, -a negro
hotel porter, Hayne Buford, a son of
Sheriff Buford. Of Newberry, and mail
clerk on the -ixed train between Lau
rens and Columbia, received a pain
ful wound. Curry assaulted Mr. Bu
ford with a large rock, striking him
in thejhead,' near the ear, cutting an
ugly wound. He was knocked to the
ground by ~ the terrific blow, but, as
sisted by a 'companion, Buford arose
and tired several shots at the negro
as he was beating a hasty retrea
from the scene. Curry was arrestea
and locked up, while Mr. Buford was
removed to .his boarding house and
given immediate medical aid.
It appears that Mr. Buford had had
a previous elash with the negro,
Curry, an<d when he met with the por
ter at the station this morning, be
undertook to punish him with a cane
for his alleged offensive conduct a
few weeks ago. The negro, somewhat
noted as a fighter, jerked up a handy
stone and hurled it at Buford with
the result above indicated.
Sunday School Convention.
The following delegates have been
elected from the First Baptist chuareh
to the Sunday Sehool Convention to
be held at Smyrna -on Wednesday and
Thursday of. this week: Mrs. W. H.
Hunt, Miss Lulie Hunt, Messrs. R. M.
Werts, F. 'M. Grady, W. H. Ander
son, and W. IE. Holt.
From Avele'igh Presbyterian church:
Mrs R. D. Smith, Messrs. W. A. Me
Swain and Allan Jlh-nstone, Jr.
From Central Metheidist Church:
Miss Ida Langford. Mrs. W. W.
Hornsby and Mrs. George Epps.
From the A. R. P. (.mureh: Miss
Janie Chalmers, Miss Mary Law Mc
Clintock and Mr. Renwick Carlisle.
From the. Lutheran Church of the
Redeemer: Misses Nora Long and
Mamie aCrooks, Messrs. J. B. 0O'Neall
Holloway and J. B. Hunter.
Barbecue and Clay Pigeon Shoot.
I will give a first class barbecue at1
my residence July 30th, 1909, to bej
cooked by Messrs. Haynon Kibler and
The lovers of shooting clay pigeons
may come prepared to shoot some.
The clubs of Newberry, Whitmire,
Rutherford. St. Phill,ips, and Silver
Street have been invited and a repre
sentative from eadh club will be here.
A prize to be given to the best lady
marksman with a parlor rifle.
No entra.nce fee charged to the la
dies. Open to the world. Come, and
have a good time.
B. B. Leitzsey.
Woman (at agenecy, to prospective
cook)--Wouldnl't you like to come
to may house and look aroundG? Then
you would get an idea of the place.
'Gook-Has your last cook gone,
"Yes: she left me this morning."I
"And did she come from this
'*nhn Oi'll wait and talk to her."
BARBECUE AT PROSPERITY.
To Be Given by the Ladies Aid So
ciety of Grace Church on
Prosperity. July 19.-The Ladies'
Aid Society of Grace Lutheran clhurch
will give a barbecue at Young's
Grove on Friday, July 23. Besides
the regulation dinner, other refresh
ments will be served. Everybody is
eordially invited to be present. Con
veyances will be provided from Pros
perity for all desiring to attend.
It is hoped that all who can will
come. Besides the feast of meats,
cream. cake and lemonade there will
be a. speedh by Mr. Wilbur K. Sligh.
He will speak on a live subject,
"Good Roads." All the plans for a
suecessful 'cue have been formulated,
so vou need not be afraid the game
wili not be worth the candle.
Invitations reading as follows have
been issaed to a large number of peo
ple in this city as well as in other
cities and communities th.rough this I
State and other States:
Mr. and Mrs. Joseph Mann
invite you to be present at the mar
riage of their da-aghter,
Mr. Harry Price
Wednesday morning, July 28th
nineteen hundred and nine
at ten o'clock
at their residence, 907 College Street
Newberry, South Carolina.
after August twentieth,
Spartanburg, S. C.
Miss Mann is one of the prettiest
of Newberry's cha.rming daughters,
and she has many frien'ds here who.
regret that she is to make her home
in another city. Mr. Price is one of
Spartanburg's leading merchants,
having a first class clothing establish
ment in that progressive city. He has
the hearty congratulations of this
ommunity in having won sudh. a fair
maiden. and much interest is mani
feted in their approaching marriage.
The following invitations have been
received in this ei.ty:
Mr. and Mrs. E. L. Sease
invite you to be present at
the marriage of their daughter
Mr. Perry Frederick Halfaere
Wednesday afternoon, August fourth
nineteen hundred and nine
at four o'clock
at their residence
Newberry County, South Carolina
Miss Hattie is the oldest daughter
of Mr. and Mrs. E. L. Sease, and al
thouh only in her teens as yet, she
is a young lady of dazzling beauty,
and is a favorite in her large circle
of friends. A shower of happy con
gratulations will follow this young
couple to the marriage altar. Mr.
Halfare is a young man of sterling
worth, being the son of one of the
eonty 's leading farmers, and is him
self a progressive farmer.I
Miss Sease is a neice of Judge Thos.t
"We Write His Name Ver~y High."
High in honor-high in love-high
in pleasing and grateful remembrance
-the name of Elbert H. Aull, Presi
dent of the South Carolina Press As
sociation for sixteen years-sixteen
years of hard, arduous service, faith
fully, nobly, wisely, unselfishly per
formd-above all, unselfishly. Pres
ident Aull an.d his noble and refined,
little wife made these sixteen years a
bright. happy and useful period for
newspaper people in SoutPb Carolina.
They sacrificed themselves without
stint, and without any count of cost.
We lam?nt that our beloved friend
thouht he had served us long enough.
He had served us long, but not,
long enough. We bid adieu to Mr.
and M.rs. Aull with intensely affee
tionate feeline~s of gratitude. And
when we shall write a history of the
South Carolina Press Association, we
sh:'ll introduce the administration of
Elbert H. Aull with a blue and aold
frontispiece of Abou Ben Adhemn
among the strugglers of the Fourth
FUNERAL WAS TOO LONG.
Abbeville Newspaper Says Speakers
Eulogized Themselves Instead of
In its account of the funeral of the
Rev. J. L)wrie Wilson, ithe Abbeville
Press and Banner has the following to
say: Every seat was occupied. Stand
ing room was all taken, and many
who came a little la.t.e lingered about
the door without. coining in. The day
was warm, but, it is presumed that
those who had seats were comfortable
enough. Those who had standing
s! a,ts were tired out long before the
expiration of tihe hour and a. half to
which time the services were pro
The Rev. Mr. Law read tha Scrip
tures and deliveped a talk which had
not been carefully digested or rea
sonably well prepared.
After singing and prayer, the Rev.
Mr. Gr-gg tallked for a long time in
Our own judgment is, that the fu
neral services were not up to what
might have been expected of so good
a man as Dr. Wilson, while they were
Even in the prayers there was a
dearth of thankfulness for the life of
the good man who had so long labor
ed amongst us, and who had so lately
entered upon that great s:leep which
men call dea th.
We are inclined to think that on
occasions of this kind it may reason
ably be assumed that the Lord knows
a little of us and for this reason the
speaker need not bore a waiting audi
ence with a commonplace recital of
facts that are known to us all.
It is simply next to unpardonable
to keep an audience waiting for au
hour and a half that the speakers
may talk of themselves instead of eu
logiziig or portraying the cha.racter
of the dead.
T.ri-State Odd Fellow, July.
An incident in the career of one of
our Grand Masters has recently come
to our knowledge, and we think so
well of it that we pass it on, merely
commending the brother's manly
stand anid expressing the hope that
should any of his successors be
placed in a similar position they may
exhibit like courage and appreciation
of the dignity of their station.
Visiting a city officially, he was met
by a member of the Order and invited
to accompan.y him to call at a certain
place of business. Of course he went.
in utter ignorance of the character of
the house to which he was being ta
ken. But he was pretty soon en
lightened, for on entering he was ask
ed t' ".nominate his pizen' '-.>r, in
plain United States talk, to name the
quor he would drink. Realizing Lhat
he was in the lair of a tiger of the
tribe tha.t is gknow niohStunetaoi ET
tribe that is known in South CaoErna
as "blind,'' he replied:
"I am visiting this city as Grand
Master of the Odd Fellows of South
Carolina and am not here to aid in
violating any law of the State. I
bid you good evening.''
We honor .the man for his course,
a.nd feel t:hat all thinking men will
do likewise, and that they may know
which particular Past Grand Master
it was we give his name, at the risk
of being "licked'' by him on sight
Cole L. Blease.
Central Methodist Church.
Rev. J. W. Wolling, D. D., Pastor.
The Sunday services in Central
hurh were of more than usual in
t.erest. The morning was beautiful
and pleasant and the congregation
very good. The morning serv'ices were
interesting. the choir led in singing
some familiar hymns and the pastor
spoke on the subject, "Thou art not
far from the Kingdom of heaven,''
using some st-riking illustrations.
The Sunday school under the effi
ient direction of Mr. Jas. F. Epting
and the seeretary, Mr. P. C. Gaillard,
is a striking feature of church work
The attendance on Sunda,y was
forty more than on the same Sunday
of last year.
At night the union services were
held in Central with a congregation
which till2d every available space and
then overflowed. The sermon was
rena heb Rev. A rthur S. Rogers
of tshe Associate Reformed- church,
who spoke very impressively on the
theme: "Heavenly Recognition."
Led by the choir t.he congregation
joined hea-rtily in singing some fa
miliar hymns. Miss Gleason presided
at the piano and played a. beautiful
selection while the offering was being
This notice would be incomplete if
it did not mention with praise and
approval the two selections sung by
Miss Genevieve Evans with tine ex
pression. Miss Mazie Dominick an
accomplis'hed pianist pla.yed for her.
WORLD'S LONGEST RAILWAY.
Capetown-Ca,iro Line Will be Fin
ished in Three Years.
F. von Gheel Gildemeester, chief
engineer of the Cape Town-Cairo
Railway syndicate, now in charge of
the operations which, within a few
years, will form the connecting link
between North and South Africa, is
stopping at the Waldorf Astoria. He
is in the United States to make a
study of the railway systems of this
country, says the New York Times.
"In the Cape Town-Cairo rail
way," said Mr. Gildermeester, "there
is at present a stretch of about 2,500
miles to be completed. It lies be
tween Khartoum, in the Bristish
Egyptian Soudan, to Broken Hill, a
point in Rhodesia. It is estimatad
that this remaining mileage will be
aompleted witslfin three years, and
then the longest railroad in the world,
covering in the neighborhood of 6,400
miles, will be finished."
"What do I estimate the ftotal cost
to be ? Very close to $1,000,000,000,
I should say, but a comparatively
small amount when it is considered
what a glorious thing it will be for
Africa, one of the greatest and rich
est countries of the world. It will
be possible for the traveller to jour
ney from Berlin or Paris to Cape
Town in ten or eleven days-just think
of that! And then it will open up a
country that is rich in almost every
thing in the mineral world-gold, sil
ver, copper and diamonds. What else
they will find there remains to be
"It's a great work. is this build
ing of the longest railway, and what
it all means to Africa and the world
is not fully appreciated, I am afraid.
To the business man. to be found ev
erwhere, and especially those having
affairs in Africa, it will be a wonder
ful thing. Where now, in travelling
from Paris for example, he is com
pelled to take a long sea trip, he
will be able, after the completion of
the road, to take train to Brindisi,
Italy, thence by boat to Alexandria,
Egypt, and a short journey to Cairo,
where he will take the train that will
land him in Cape Town, at the south
ern extreme of Africa, all in eleven
days. Just at the present time w.e
are working in a rather disagreeable
country-that is to say, a country
which has a fair climate, but fever
is quite prevalent. The engineers on
the work are German, American and
English, with, of course, the Kaffir as
the laboring factor."
One of Father's Ways.
Mr. Jefferson thad not been alto
gether an exemplary husband and
father, but he possessed certain ~en
gaging qualities which secured him
many friends and made his death the
cause of sincere mourning to his wid
ow. "Mis' Jeff'son, she's done broke
up over Eb 'nezer 's being took off
fr'm de pneumony,'' said one of the
''She sutt'nly is,'' said another.
"Mournin' round de house all de
time, she goes. Why, day befo' yis
t'day. I was thar helpin' her, an' she
only stop cryin' once, an' dat was to
spank little Eben for takin' m'lasses
out'n de jug right into his mouf,
when her back was turned.
"When she'd spanked him good
an' set him down, she say to me, 'He
makes me t 'ink ob his pa so much I
eyant hear it,' and bus, right out cry
He (just 'rejected)-I shall never
She-Foolish man! Why not?
He--If you won 't have me who
COUNTY OFFICES CASE;
WERTS, AS AUDITOR, VS. FZA
GLE, AS SUPERVISOR.
Supreme Court Says County Board
Have Complete Control of Offices
For County Officers.
The supreme court has dismissed
the petition in the case of Eugene S.
Wert3, as county auditor, v. L. I.
Feagle. as county supervisor, in which
was involved the matter of the dispo
sition of the offices of county auditor
and judge of probate in the new court
house. The decision of the supreme
court is to the effect that the court
refuses to pass upon the merits of the
contention, holding that the supervi
sor and commissiouers-the county
board-have exclusive jurisdiction.
It will be recalled that some time
ago the board of commissioners decid
ed to put Judge. of Probate Sehumpert
in the office in the new court house
now occupied by County Auditor
Werts. The county board sought to
put their decision into execution -and
Messrs. Blease & Dominick, attorneys
for Mr. Werts, appeared before Chief
Justice Pope and obtained a tempo
)rary restraining order. It was al
leged by Mr. Werts, as auditor, that
the office in which it was sought to
place him-which is the little office
immediately in rear of the office
which he now occupies-was entirely
too small for the purposes of his of
flee. Under the temporary restrain
ing order of Chief Justice Pope, the
matter came on for shearing before the
whole supreme court, the supervisor
being represented by Messrs. Schum
prt and Holloway. In the meantime,
Chief Justice Pope had retired. The
opinion of the court is written by As
sociate. Justice Eugene B. Gary, and
is concurred in by Chief Justice Ira B.
Jones, and Associate Justices C. A.
Woods and D. E. Hydrick.
The remittitur in the case has not
yet come down and been filed with
the clerk of court, but The Herald
and News secured from the clerk of
the supreme court a certified copy of
the decision. It will be seen from the
decision that the supreme court does
not say that the supervisor is right or'
wrong on the merits of the case; it
says .that the disposition of the offices
in a court hoiuse is entirely in the
hands of the supervisor and this board,
and that the court has nothing to do'
with it. In fact, 'the court 'quo-tes in
approval an authority which says that
it will "not interfere on the sole
ground the-t their actions (those of the
supervisor and 'his board) are charac
terized, Iy lack of wisdom or sound
Judge of Probates Sehumpert has
continued to occupy his office in the
old court house, ihaving refused to
The decision again leaves it up to
the county supervisor and his ,board.
Under it, they couald tomorrow .morn
ing move every officer in the court
house, and could do so es .often as it
seems best to them. In other words,
ethe supreme court holds that it is a
matter entirely for them. They- may~
leave Auditor W'erts in his office, or
may move him. They may place
Judge of Probate Sehumpert in any
office in the coart house they see fit
to put him in. It is up to -them.
Whatever action the supervisor and
his board now take will be the law of
the case. If they adhere to their for
mer decision, County Auditor Werts
will be forced to move into 'the little
room in the rear .and J-udge of Pro
bate Schumpert will move from the
old court house up into the office in
the new court house now occupied by
The full text of the decision fol
The State of South Carolina.
In the Supreme Court.
Eugene S. Werts, as County Auditor
of Newberry County, Plaintiff,
L. T. Feagle, as County Supervisor,
and Frank M. Schumpert, as Judge
of Probate, of Newberry County,
Opinion by Eugene B. Gary. A. J.
This is an application to the court,
inth exercise of its origtinal jurisdic
tion, for an injunction.
The petition contains the follow
I1st. That on the 16th day of Jan
uary, 1909, the said Eugene S. Werts
was duly appointed and commission
ed to the office of county auditor of
Newberry county, and that he enter
ed upon the duties of the said office
on the 18th day of January, 1909,
succeeding therein William W. Crom
er, formerly county auditor of New
berry county, and that the said plain
tiff has continuously since the said
18th day of January, 1909, been dis
charging and is now discharging the
duties of the said office.
''2nd. That L. I. Feagle is the
duly commissioned and qualified coun
ty supervisor of Newberry county,
and that Frank M. Schumpert, is the
duly commissioned and qualified judge
of probate of Newberry county.
''3rd. That as the plaintiff is in
formed, believes and alleges, during
the year 1908, the present court house
for Newberry county was completed,
and that the commission charged with
the erection thereof, assigned and set
apart for the use of the county audi
tor of Newberry county, one of the
offices therein, situate on the south
ern side of the said building, and op
posite, on one side thereof, to the of
flee assigned and set apart for the
use of the clerk of court of said coun
ty, and on another side thereof, to
the office assigned and set apart f4r
the use of the county treasurer of
said county, and that the predecessor
of this plaintiff, in the office of coun
ty auditor of Newberry county, in the
discharge of his duties as such county
auditor, took possession of the office
or room hereinbefore descrlbed, and
continued to use and occupy tUe same,
untif the expiration of his term of
office, and that the said W. W. (;rom
er, as county auditor aforesaid, had
the consent, approval. and authority
of the county board of commissioiers
of Newberry county, to use and occu
py the said office or room.
''4th. That when this plaintiff en
tered upon the duties of county audi
tor, of Newberry county, the use, oc
cupancy and possession of the afore
said room or offiee, was turned over
to him by his said predecessor in the
said office, together with tihe books,
records, papers, furnishings and
equipment thereof, and that this
plaintiff is now, and continuously
since the said 18th day of January,
1909, has been in possession of the
said room or office, discharging the
duties of his office 'therein.*
''5th. That on the 5th day of Feb..
ruary, 1909, the said L. I. eFagle,
as county supervisor of Newherry
county, demanded that this plaintiff
vacate the office or room, now occu
pied by him as auditor of Newbeiry
county, and further demanded that
the plaintiff remove or permit said L.
L. Feagle as county supervisor afore
said, to remove therefrom the books,
records, furnishings and equipment of
the said office, to another room or of
fee in the said conrt house. His
reason therefor, is, this plaintiff is
informed, believes and alleges, being
to permit his co-defendant Frank M.
Seumpert as judge of probate of
Newberry county, to use and occupy
the said room and office, and as this
plaintiff is informed, believes and al
leges, t'he said Framnk M. Sch.umpert,
as judge of probate of Newberry
county, was and is assisting the said
L. IL Feag leas county supervisor, to
cause this plaintiff to vacate said of
fce or room, and was and is advising,
urging, aiding and acting with him in
the effort and attempt, to cause this
plaintiff to remove from the said room
''6th. That the room or office to
which the said defendants are trying
to have this plaintiff, t.ogether with
the books, records, equipment and
furnishings of his office, removed, is
so small and ill arranged that it is
not a proper and suitable place or of
flee room, for a proper performance
and discharge of the duties of the
office of county auditor of Newberry
county, and that the same does not
ecttan. and is too ar,::.I and j11 ar
r *. - te made pr,!e-le t - -
tan ?e e necessary furnm'-tr and sta
tionry for a proper performance and
dischare-e of his duti?. of :hw said of
fee, and Q.tt to eaue' this plaintitT to
remove theheto will seriously hamper,
interfere with, and prevent the plain
ti:f frm a faithful saditaetory an.l