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proper disehargea ol the duties of the
Then follow allegations that the de
fendants, by their acts and threats,
are seriously interfering with the
discharge of his duties as county
On the 6th February, 1909, Mr.
Chief Justice Pope granted an order,
requiring the respondents to show
cause, before the supreme court, why
they should not be enjoined.
The respondent L. I. Feagle made
return as follows:
"That he is the duly elected, qual
ified, and commiissioned county super
visor of the county of Newberry,
State aforesaid, and that as such of
fEcial, in connection with the county
commissioners of said county, it is
his duty under the mandate of the
law, to furnish the probate judge and
county auditor of said county, and
other county officials, office room, to
gether with necessary furniture and
stationery for the same, and that soon
after this defendant entered upon his
duties as county supervisor, as afore
said, to wit, on the thirtieth day of
January, 1909, the same being the first
regular monthly meeting of the coun
ty board of comniassioners recently
commissioned, and of which board h'e
is chairman, the matter of furnishing
-offieas for the said probate judge and
eourty auditor, came up for consider
aden and determination, and that at
said meeting it was decided and ad
judged by the said board, that the
room or office then, and now, in the
possession of and occupied by said
county auditor, in the new court
house, should be the office for the pro
bate judge, and that the room or office
in the southeastern corner of said
court house, should be the room or of
flee for the e>unty aua:tor f;. iid
county. Of this action tn the .art of
the said county board <-f commesio.:
er. the said count- :Lrtoi, the n1ain
tiff herein, was duly notified, and a
day was appointed with him by this
defendant, for the removal of the
books, records, furniture, and other
things pertaining and belonging to the
office occupied by him, to the office
in the rear end of the building, as
aforesaid: that at the time appoint
ed, and agreed upon by the plaintiff
and this defendant, for said removal,
-this defendant. as county supervisor,
as aforesaid, was present and ready
to carry, and demanded of the plain
tiff to be allowed to carry, into ere
eution said decision and judgment of
the county board of commissioners,
but he was prevented from so &ing
by the said county auditor, the plain
tiff herein, obstrueting said erention,
by locking the doors of the office oe
cupied by him, and by refusing to al
low this defendant to remove the
books, records, furniture and other
things pertaining and belonging to
said office -ther!efrom, and by tbhe fur
the further obstruction on the part of
the plaintiff, by carrying the matter
into court and obtaining a tempo
rary order of injunction.''
The other respondent relied upon
the facts, set out in said return.
The petitioner introduced in evi
dence the following affidavit of Geo.
S. Mower, Esq.:
"That pursuant to the terms and
provisions of an act of the general
assembl'y, of the State of South Car
olinafi entitled, "An act to provide
for the erection of a new court house
in Newberry county,'' approved the
17th day of February, 1906, depo
rient was appointed and constituted
one of the commissioners of the
commission, to prcure plan for and
erect a new court house for Newberry
c-ounty, and that upon the organiza
tion of the said commission, he was
elected chairman thereof, and Otto
Klettner was elected secretary; that
pursuant to the provisions of the said
act, the commission procured *plans
for the said building and in' said
plans, as originally adopted, the office
of the probate judge, was to be the
office now occupied by the county aud
itor, and the county auditor was to
occupy the room, afterwards assigned
to 'the probate judge; that thereafter,
and before the completion . of said
building, and just prior to letting the
contract for the furnishings and
eouipment of the offices in said build
ing, the commission was made aware
of the fact, that the original plan
could not be carried oult, onl account
of the fact, thart the office originally
intended for the use of the county
auditor, was not sufficient or suitable
office room, for the accommodation
of the~ new county auditor, nor could
t.he necessa ry furniture and ineiden
t.als as are necessary to the proper
transaction of the legitimate business
of the County Auditor be furnished
in said office as or:iginally planned;
that the commission found that 4the
office originailly planned for the
County Auditor was sufficient and
suitable office room, for the accommo
datio,n of the P;robate .Judge, and
wvas a mp le fo r thle necessa ry fur
tu ,.mmis.ion ethanged its original
plans. so hat the count y auditor,
vas assigned to the office originall;
lanned for the probate judge. and
:he probate judge was assigned to the
>fice originally planned for the coun
:y auditor; that thereafter, and on
:he da yof July. 1908. the con
nission received a coninni-ation
Erom Frank M. Schumpert, Esq., pro
aAte judge. asking. in effect. dhat the
contemplated ehange be not made.
ind that he be allowed to occupy the
>f)ice originally intended for him; this
communication was received as in
formation, and the request was not
,ranted by the commission; that prior
to said communication, the said two
>ffice rooAas so assigned by said com
mission, had been equipped by the
ommission with furniture specially
adapted to the needs of these respec
dive officehs, both in the office rooms
ind vaults or record rooms connect
ad therewith, the latter beingequipped
6vith steel furniture designed and
idapted, for the use and needs of
:hese respective officers."
Also the following affidavit of J.
Monroe Wicker: "That he was a
nember of -he court house - commis
ion for the erection of a new court
iouse for the county of Newberry,
ind at the time, was also county su
>ervisor for Newberry county, and as
such was chairman of the board of
sounty commissioners for Newberry
ounty; that he has read the affidavit
>f George S. Mower, the chairman of
he said court house commission, and
hat the matters and facts stated
herein are true of his own know
"Deponent further swears that the
)ffices, as assigned .to the respective
3ounty officers by the court house
-ommission, have all been occupied by
;he respective officers as assigned,
xith the exception of the office as
igned by the commission, which de
zigned and constructed the said build
ng, with the tacit consent and appro
7al of the then board of county com
nissioners, the said board entering
>r offering no suggestions or objec
:ions whatsoever in the matter, as
,hey believed that the. court house
!ommission knew more about the mat
er than they did."
Also the follo.wing extract from the
nal. presentment of the grand jury
ated 18 March, 1909:
"After a thorough examination of
he rooms in the new court house, we
re convinced that the-office originally
.tended for the audtor, is unsuitable
or occupancy by said officer, and ree
)mmend that he be allowed to retain
he room, in which he ,is at present
lcated, and furthermre, that the
probate judge be required to occupy
bhe vacant room, on the same floor
sontiguous, to and least-of room oe
pied, at present, by said auditor, and,
that the room in the old court house
vacated by said officer, be put in such
condition by the supervisor, to to
wrrant its rental.''
Section 3, of the act of 1906, en
titled, "An act to provide for the
aretion of a new court house, for
Newberry county,'' is as follows:
"Th-at said commission shall have
the power and authority, to provde
ror fire-proof rooms and vaults, with
m~odern metallie furniture, for the
safekeeping of all public books and
records of the county, in said new
The "power and authority to pro
vde for fire proof rooms and vaults,"
id not aut:horize t.he commission to
designate the room to be occupied,
by any particular officer.
That duty was impos ed upon the
:ounty board of commissioners by
ection 812 of the code of laws,
"It shall be the duty of th'e eom
mssoners, to furnish the probate
judge, auditor, school commissioner,
elerk of court, sheriff, treasurer and
master in equity of their respective
counties, office room, together with
the necessary fui-niture and station
ery for.,the same, which shall be kept
at the court house of their respective
ounties: and they shall also supply
the offices of the said officials with
fuel, lights, postage and oth'er inci
dentals as are necessary t.o the prop
er~ transaction of the legitimate busi
ness, of the said officeers."
"A board oft county comnmissioners,
)r county supervisors. ordi na rilv ex
erise the corr>rae powers of the
'ounty. It is for all financial and min
isterial purposes the county, and it is
slothed with authority to do. what
or the coirporate or political entity
ratinany.mih do. if capable of'
einlaction, except in respect to
matters, the cognizance of which is
exclusively vested in some other offi
er or person. It is in an enlarged
sense, the representative and guardian
f the county, having the management
nd contro! of its property and finan
~ial interest. and having original and
?xclusive jurisdiction over all matters
)ertain!in: to county affairs. anid
-ourt will not interefere with such
w ord. in the lawvful exCecse- of the
ori'sl( !4i mmi?tte~d to t.:em by
&As a. _ciivral rule. H ie eart, '11-d
utal liag zel '1 ()I all tle propertv of a.
eultY, is intrusted by statute, to the
board exervises a discretion whieh
in all cases involving the location,
eic ion, repair. removal, or furnish
igL of (unty building. such as court
houses, jails, and public offices. the
bu) rd exerclses a disireitno w1iich
cannot. bc controlled by any judicial
tribunal. in the absence of fraud. cor
ruption. or unfair dealing." 77 Ene.
of Law 996.
"It. is the duty of the county, to
ere-t an dfurnish a court house. and
to provide necessary offices for the
several county officers. In perform
ing this duty the county acts through
its supervisors precisely as a private
corporation acts through or by its di
rectors, and the action of such board
in providing 'suitable room for coun
ty purposes,' and in designating tihe
particular rooms, which shall be oc
cupied by the different o eers, is the
act of the county, and this power is
not exhausted when once exercised,
but is a continuing one. and the as
signment of offices may be changed
whenever, in the judgment. of the
board. public convenience will be pro
moted by a change. The authority to
provide 'suitable. rooms for county
purposes,' which necessariv carries
with it the power to designate the
room which is suitable, for the trans
action of any particular part of the
public business, and as below stated,
is intrusted by law to the judgment
and discretion of the board of super
visors, and the judge of the superior
court, has no more right to select the
particular room in the court house,
which he will occupy as his chambers, 1
than has the clerk or the sheriff, to
choose the room which he will occupy
as his office. The law certainly con
fers no authority upon him. to take
possession of any room in the court
house for his chambers. when such
room has been assign-ed by the board
of supervisors, to any other county
officer. The power of the 'board is
See Jonquin v. Budd 96 Cal. 47.
The presentment of the grand jury
was without binding effect upon the
county board of commissioners. ,
State v. Cof. of Public Buildings
12 Rich. 300.
These authorities show conclusively,
that the petitioner is not entitled to
frelief. It is therefore the judgement
of .this court that the petition be dis
missed with costs.
After Benjamin Harrison had re
tired as president and resumed the
practice of law, he found himself as
sociated with Mr. Knox, then, as
now, of Pittsburg, but carrying no
"And as to the fee,'' inquired Mr.
Knox, " shall we divide it?''
"Really, Mr. Knox, I never divide
fees,'' said the former president. "I
will make my own terms; you ar
T.he case was won. The two again
"You will understand, Mr. Knox,''
said the former president rather loft
ily, "why I did not wish to divide
the fees wihen I tell you that my fee
in that case was $25,000.''
"Ah, -indeed, most interesting,''
replied the Pittsburger. "Well,
Gen. Ha*rrison, my fee was .$100,
This being our twenty-fifth year
of uninterrupted success, w e wish it
Eto be our "Banner Year"
Our thousands of satisfied cus- )
tomers, and fair dealing, is bringing
us new customers daily.
If you are contemplating the pur
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at once for catalogs, and for our (
Malone's Music House,
cOLUMBIA. 5. C.
A styp to-dyn.
Has cured itch magically for others
in Newberry and will cure for you.
For sale at
Mayes' Drug Store.
Schedules Effective June 20th, 1909.
Northbound Departures from New
berry, S. C.
8:37 a. in., No. 15, daily, for Ander
son, Greenville and intermediate
points connecting at Greenville for
Atlanta and points Nortlh. Arrive at
Anderson 12 :24 noon, Greenville 1:135
2 :4S p. in., No. 11. daily, to Ander
son. Greenville and intermediate
po]n:ts. e-onneening at Greenville. for
At lan ta and uniS north. Ariv An
:41reIn (j:14 n. mi.. (reenville 6 :25 i) m.
1:-40 pn. No.T 18, daily, for Ch
Special in China
Gold Band Cups and Saucers, set of six 50c.
60c. Decorated Plates . . . 40c.
White China Cups and Saucers, set of six 50c.
Plates to match, set of six . . 50c.
8-inch White Plates, set of six . 25c.
16 x 20 Pictures, under glass 4 inch
Moulding, each . . . . 59c.
Religious Pictures in the sheet, each . 10c.
These prices are for 10 days only.
Stop and Read!
You will find at Carlson & Pedersen's up-to-date tailor shop
:he most up-to-date, newest, and latest line of fall samples,
rom which we respectfully solicit your patronage for the ap
)roaching fall and winter.
We are better prepared than ever to fulfill your orders
>romptly. Come in now and make your selection from two of
:he foremost woolen houses in America. Just stop and notice
>ur styles direct from New York.
We are prepared to do business on a larger scale than ever,
nd feel that we would like to have you patronize home indus
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Fit add workmanship guaranteed.
PROTEOTION: the First Law of Nature'
INSURE the lives of your horses, mules and cattle, rates
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OUR FIRE INSURANCE POLICIES are the best in the
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Windstorms damage property every day. We can protect
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Our DISABILITY policies pay you for the time lost on
account of sickness and accident. Double benefits if in
jured while traveling. No medical examination.
We have a proposition for insuring your life that is'~sec
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Why ask ycur friends to sign your bond for any purpose
when you may buy this accommodation at very small cost.
Our office is open every week day, call, write or 'phone
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SECURITY, LOAN & INVESTMENT GO,,
J. N. McCaughrin, W. A. McSwain,
Treasurer. .- Manager,
umbia, Chad1eston, Augusta and in-. otenRiwa o revle
~ermediate points. Arrive Columbia, N.8 al xetSna,fo
:25 p. mn. Charleston 8:45 p. mn. Au-WaalariesAdso6.4p
usta, 3:35 p. mn. i.ihcnetosa eeawt
8:47 p. n., No. 16 daily, for C outenRiw-fompit ot.
umbia, Charleston and intermediate No10frmWhaa,lveAn
Oints. Pullman sleeper from Coum d-sna .7p n o oncin
ia, arrive Columbia 10:35 p. m. evlean ouba
~harleston 8:15 a. ma.
Summer Excursion tickets now on Wsbud
For "further information, apply to a n,fo etnwt oncin
iket agents, or, . Ifo revle
C. H. Ackert, 1N.9,aresaAnes t1241
V. P. & G. M.. Washington, D. C. r n~fo etnwt oncin
W. H. Tayloe, fo revleadClmi.Ge
G. P. A., Washington, D.. toC.hla
J. L. Meek, No19arieatndroat34
A. G. P. A., Atlanta, Ga. p n,fo etnwt oncin
W.S.outeher'rn Rilwa rGenvle
T. P. A., AuWasta,a. 1a rrives atAnderson 6.2lp
62m. win rometiontSne withn
3LU RDGE SHEDUL S outhen fRomwa Grvil aonts Couth.
Noa. Goes from Walhalla, eve n
Aderson at .20 . m., for Wonnection
No. ~, leves Adersn at .30 . 17. conecions at Sndecaonortlocal
m, for a. m., from:Beettnnwwtth connections
~o;~tL'rru ~ %E.envIl.from 17,18eenville.ae mxe
No. 1, fro Waialla.]envcNoA. 9.n bietwen Anderson aBto2.
]eron t fl.5 . tn. m':~Oc~Th fr os Grendill are olba freh
No.20,kavs Ade~n a 2.e Neo.n9 andrbive andewe nat34
~. i., or onnctins t Blt6 29t p.hal m., fdrBlonwihcn
BLU RIGESCHDUES. netios fomGrenvllean Coum
The NEW SUN No.2
This Writing Machine
is Good Enough for
G. L ROBINSON, Agent.
The patrons and trustees of the
Vaughnsville school will meet at the
Vaughnsville schoolhouse on the 21st
lay of July to elect a teacher for the
3oming term. Salary $45.00 per
nonth. School term 7 months. Appli
sations to be sent to either of the
elow trustees. A teacher that can
;each music preferred.
C. A. Brooks,
L. H. Green,
A GRAND OPPORTUNITY
r'o See The Pacific Coast And The
The best and most inexpensive way
;o see the Pacific coast and the great
Western country this summeT, and
;ake in the Alaska-Yuon Exposition
)pened June 1st, is to "Go as you
lease, pay as you goh stay as long as
Dctober 31st, if you desire." Why
iot spend your own money? Why not
?lan your own trip and go in comfort,
md when it suits you? This may be
lone by planning your trip over the
.n connection with an individual par
~y leaving the Carolinas July 3rd, on
the individual expense plan, which
will cost you about half as much as
a fixed expensive excursion tour.
July 3rd, Route.
Southiern Railway, Goldsboro to
Queen and Crescent, Harriman
Junction to Danville, Ky.
Southern Railway, Danville, Ky., to
St. Louis, Mo.
Wabash R. R., St. Louis to Kan-.
3a.s City, Mo.
Union Pacific, Kansas City to Den
Denver & Rio Grande, Denver to.
Salt Lake City. - .
S. P. L. A. & S. L., Salt Lake City
to Los Angeles.
Round Trip Railroad Rates.
Going via any ticketing route se
[ected and returning via any ticketing
route as desired.
Via Portland, Seattle and San
burning one way via Port]and and
Goldsboro .. ......$99.2'5
Greensboro .. .. ...7
Columbia ....... ...98.20
O'rangeburg .. ... ...98.20
Greenwood .. ......96.65
Rock Hill ....... .. 98.35
Anderson ......... 96.10
Raleigh .. ......... 99.75
Salisbury ......... 99.75'
Charlotte ......... 99.75
Greenville ....... ...96.63
Charleston .. ....... 99.75
Newberry .... .....97.4t
Chester.. .. .......98.35
Sumter .... .. ......9).75
Rates quoted f.,m other ponis on
Tickets limited to October 31st,
[909, and permit stop-overs at all
points west of Chicago or St. Louis.
r'ickets on sale daily to September
29th, 1909. Lower Round Trip Rates
to and fromOalifornia quoted on appli.
eation. Before completing arrange
nents for your trip give us an oppor
tunity to talk with you about the de-.
hails of it. quote you best :ates and
:ell you of the most interesting points,
mnd the best and cheapest way to see
them. Write to representatives as
W. E. McGee, T. P. A..
S. H. McLean, P. & T. A..
Columbia, S. C.
J. C. Lusk, D. P. A.,
Charleston. S. C.
H. M. Pratt. T. A..
Spartanburg. S. C.
R. H. DeButts. T. P. A.
Raleigh. N. C.
R. L. Vernon. D. P. A..