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VOL XLVIII NO 1- NsEWBERRY, S. 0.. FRIDAY. FEBRUARY 11. 1910 TWICE A WEEK. $1.50 A YEAR
TE DEED OF THE POPE
PROPERTY TO SCHOOL'
CONDITIONS NDER WHI
STREETS ARE OPENED.
Oounci RefusW to Accept Street
and Matter Has Caused Con
As the result of the refusal o:
city council some time ago to accep
the streets contemplated to be open
ed by the deed of Mrs. Y. J. Pope t
the Newberry school district, con
veying the portion of the Pope hom<
place purchased by the board of trus
tees for school purposes, there ha
been a great deal of discussion as t<
the effeet which this refusal od
council would have, under the pro
visions of the deed. The Herali
and News publishes below a copy ol
the deed as recorded in the office od
(lerk of Court John C. Goggans. Th(
deed provides that the streets are tc
be opened as soon after the 15th da3
of December, 1909, as practicable
and by said opening are to stand
dedicated by Mrs. Pope to the us(
of the public as streets, so long as
they are used as public streets, and
It would appear that under this
provision the streets may be opened
within a reasonable time and that
they are dedicated to .the use of the
public so long as they are not aban
doned for use as publie streets.
The deed itself goes into detail ac
to the streets to be opened. Two o
the streets, one bounding the school
property on the north ,and the othei
bonding the school pr6perty on the
west, are only thirty-five feet it
width. 'The others are forty feet i.U
wid1, and are definitely loc,ted,
with the *re4pilion of onethai
leading from the street proposed tc
be opened in the rear of the school
building, and running north to Chap
~aa street, which is to be exaetl~
located by Mrs& Pope. -
Under the terms of the deed, there
poems to be no doubt that the trus
Eees may open the streets and so
long as they aire used as streets by
the #r~blic. they do not revert-thai
the streets are under control of the
trastees until they are opened for use
and until after being opened for use,
thiey are abandoned as streets for
use by the public, unless accepted by
the town, in which case they would
be under control of the town until
ftbandoned for public use.
Izn iew of the discussion 'whiob
Ihe matter has caused, Mayor
Blease was sked yesterday why
oouncil had refused to. accept the
streets. Mayor Blease said that this
was a matter in which of course he
had}no more voice than any othei
meGeer of council, and tha*t he cou3l
not. speak for concil, but that he did
iiot mind giving the reasons for his
~vte. He said that, in the first place,
itwo of the streets proposed to be
~gi.nn to the town were only thirty
Jiv.e 'feet in width, whereas, undei
sh*e .,amendment to the charter of the
towxn, by the Act approved Decem
ber..21., 1894, Section 15, it is provid
ed tha.t ''no street hereafter opened
shiall.be of less width than fort3
feet.'' In addition to that, he said
the. town .now had more streets thai
.it was.possible to keep up in propea
condition, .with the money on han<
.for that .purpose, and he thought thi
,board of. trustees, having in theii
hands $40,000 fidirpholpose
dition ready for service, and ther
turn them over to the town, ''ani
.not put them, or attempt to pai
them, in the hands of the town ii
their presedt shape.'' ''It wil
cost the town, at the least calcula.
tion, .$1,000 to put these streets il
proper condition for use,'' he said
"and I do not believe the trusteel
should call upon .he town to pro
idan additional $1,000 to carr'
(out the purpose for which the $40,
000 was voted. In other words, the
putting of these -treets in condition
by the toiwn would practically amount
to an appropriation of at least $1,-!
[ 000, in additiou to the $40,000 al
ready placed in the hands of the
board of trustees, for carrying into
effect the purpose for which the $40,
000 was voted by .the people of
"In addition to this," said Mayor
I Blease, "I was absolutely bound in
my vote by the amendment to the
charter which prohibits the accept-'
ance of a street under forty!
feet in width."
On the proposed street south of
the lot of Mr. Fred E. Dominick
there is now a sewer pipe exposed,
standing several teet above the
ground, and it will take i. consider
able amount of money to cover this
pipe, and it will iequire good engi
- neering to cover it in such manner
L as not to injure adjacent property
holders. This is one matter, in con
nection with the proposed new
streets, which ought to have atten
tion at the earliest possible moment.
The deed under which the proper
ty was conveyed, with full descrip
tion of the streets and the conditions
governing them, as recorded' in the.
clerk of court's office, is as follows:
The State of South Carolina,
County of Newberry,
Know all men by these presents:
That I,.Sa lie H.,F. Pope, of the
county and State aforesaid, for and
in consideration of the sum of tewelve
thousand five hundred ($12,500.00)
dollars. to me in hand paid at and
,before the sealing of these presents,I
by ''T-he Newberry School Distriet,"
a body corporate created by an act
of the general. assembly of this State
entitled. "An act to establish the
Newberry school distriet, to author
ize the establishment of free graded
schools and to provide the means forf
the efficient management of the,
same," approved December 23, 1889,
anid acts amendatory thereof, of said. I
county and State, the receipt where
of is hereby acknowle lged, have
.granted, bargained, sold and released,
and by these presents do grant, bar
gain, sell and release unto the said
''The Newberry School District," of
the county and State aforesaid, all
that lot of land situate, lying and be
ing in the town of Newberry, in the'
conty and State aforesaid, contain
ing two adres and eighty-one one -
hu.ndredths of an acere (2 81-100),
more or less, bounided on the south- by
Speers street, on the east by a street
which separates it from the lands of
Mrs. Kate S. R. Johinstone, wife of
George Johnstone, other lands of
myself, the said Sallie H. F. Pope,
and which also separates it from the
lands of Frederick E. Dominiek,
which said street so separating -it '1
from lands of the said,Mrs. Eate S.
R. Johnstone, of other lands of my-ft
Iself, the said Sallie H. F. Pope, and of
'Frederick,EH Dominick, is forty (40)
feet wide, and on the.aorth and west
by streets thirty-five (35) feet wide,
Iwhich also separate it from other
lands of myself, the said Sallie H.
F. Pope. TJhe streets mentioned as
separating it on 'the east from lands
pof Mrs. Kate S. R. Johnstone, from
other lands of myself, the said Sal
lie H. F. Pope, and of Frederick H.E
'Dominick, and oZL the north and west
from other lands of myself, the said
Sallie H. F. Pope, are not now openi
ed but are to be openied as soon
after the fifteenth day of December,
1909, as practicable, and by said op
,ening are to stand dedicatied by me1
tto the use of the public as streets, so
Slong as they are used as. puiblic f
I streets and no longer. There is also
Sa street leading on the north side!
Sfrom said lot of land herein and
hereby conveyed, to Chapman street
- forty (40) feet wide not now opened,
ibut which is to be exactly located by
I myself, the said Sallie H. F. Pope,
and when so located is to be also
topened as soon after the fifteenth
Sday of December, 1909, as practica
- ble, and by said opening stand dedi
'cated by me to the use of the publice
,as a street, so long as it is used as a
Spublic street and no longer. And*
- also one forty (40) feet wide on the
r'ast lading- from the lot of lnnd
erein and hereby conveyed, along
the south line of the lot of Freder
ick H. Dominick, through other landi
)f myself, the said Sallie H. F. Pope
to Adams or Colllege street, now no1
Dipened, but which is to be opened a.
soon as practicable, hereafter, ahi
by said opening stand dedicated by
mne to the use of the public as i
treet, sd long as it is gsed as a pub
ic street and no longer. A plat ol
he premises herein and hereby con
veyed made by F. W. Higgins, 'sur
veyor, dated May 31, 1909, whiel
lso indicates said streets, is herett
I expressly, however, reserve th(
eight to remove from the lot hereir
and hereby conveyed, all the build
.ngs thereon except the dwelin,
ouse, and all the feneing ineludi'ng
he posts at any time before th(
:wentieth '(20th) day of. September
Together with all and singular thi
ights,* members, hereditaments and
ippurtenances to the said premise
)elonging or in anywise incident oi
To have and to hold, all and singa
ar, the said .pren4ises before men
:ioned unto the sa''d "Tie NewbeM
3ehool District,' of the County ani
tate aforesaid, its successors a4d
And I do hereby bind myself, m3
1eirs, executors and administrators
;o warrant and forever defend aIJ
ind singular the said premises unt<
,he said "The Newberry Sohool Diz.
riet' of the County and State afore.
aid, its suecessors and assigng
gainst me and my heirs and all oth!
r -persons lawfully claiming, or t
laim the same or any part thereof.
Witness Ay hand and seal this the
econd (2nd) day o(f September, i
he year of our Lord one thousand
Line hundred and nine, and in the
>ne hundred and thirty-fourth 'yea
if the sovereignty and independence
if the United States of America.
,Sallie -H. F. Pope (L. S.)
;igned, -sealed and delivered
in the presence of
Kate S. R. Johnstone.
Then follows the probate, in reg
lar form, signed by George John
one before I. H. Hu.t, notary pub
ME. WICKE'S .STATEUENT.
hown the k69626 Ab@o%, Member
of the Board of Trustees Gives
'Out 8igned Silatement.
Mr. John H. Wieker, a member of
he board of trustees, who has been~
iefore city council in connection with
he znat;ter, was shown the above re
ort of The Herald and News, and
was asked for a statement in regard
.'Mr. Wicker gave The Herald and
fews the following signed state
"Hlavfng read the above anid be.
ng asked to say something asboul
he said streets, I will say that .1
iave gone to a great deal of trouble
rying to get the council .to accepi
;he streets, but just as often as J
to before council there comes some
omplaint from Col. George Johin
stone as to what we shall do andc
~vhat we shall not do. So I hav.e
yeen bloeked each time. Mr. Joh'a
~tone claims that Mrs. Pope has the
ight to open these streets, or if shi
refers, to get council to open them
and that she has not asked conci
;o open them yet, nor has she re
Eused to open them herself. We havt
gone to our lawyer asking for his
advice as to our right to open them,
and as yet we have no advice. I d<
aot blame the council for not accept
ig them up to this time. I hay
tried to get this matter straighten
ed out and before the council, bu
iave failed so far.
". H. Wicker.''
CLOSE OF THE SESSION
IS NOW DRAWING NEAR
TrE APP90PRIATION BILL IS
WELL UNDER WAY.
A Great Deal of Work, However,
Not Yet Disposed Of.-Both
Houses Working rast.
Columbia, Feb. 10.-Both house
of the general assembly got down to
work agaiu on Tuesday, and on
Tuesday and yesterday a mass of
legislation was put through in both
houses-most of the bills bWing of
only local effect, but many of them
being of more general importance.
As an instance of how fast the leg
islative hopper sometimes grinds,
165 bills were put thrqugh secomid
reading in the house on last Satur
day, under the rule adopted the day
b.,fore that only uncontested matters
be considered on Saturday. All
these bills, of course, came up for
third reading in the house on Tues
day, and a great umber of them
received final reading. This method
of railroading bills through is very
dangerou3; bat there are so many
local measures every session that are
pressed by the various delegations,
and which do not iect any other
county than the'one from whieh they
originate, that this rapid-*e work
is necessary unless the legislature
should sit indefinitely.
The License BiL.
Columbia, Feb. 10.-The high li
cense bill is a special order in the
senate for this evening at 8:15
oPclock. It was all done so quickly
that perhaps, 'few senators realized
that the whiskey question .was up
once more in the senate, where for
the past two weeks it as slumbered
so serenely. But just , before the
senate took a recess yesterday after
noon Senator Smith, of Hampton,
the author of the measure, moved
'that it be made a special order for
to-morrow evening, and the motion
At the same time Senator Carlisle
wished to make the prohibition bill,
the house measure, a special order,
and he made a motion to thaut effect.
Senator Sinkler objected immediate
ly, anid -in the next few momens a
motion to take a recess was made
'andl carried, and the senate receded
from business with the prohibition
measure untouched. It rested on the
calendar along with other second
reading bills. .This bill is the Rich
ards prohibition measure from the
house. The senate proh'biaon bill
Iwas killed by a vote of 22 to 18,
nga.rly two- weeks as'o.
Senator Smith stated yesterday
morning that the high licen'se bill
.would be vigorously pushed, and thMt
.a candidate for governor woufd!
come out on that platform.
The Appropriation Bill.
The house has -pssed to -third
reading the appropriation bill. There
were only two changes. The appro
priation for aeholaiships at the
IUniversity was reduced from $8,600
to $4,300, and the appropriation for
th extension of school work which
was increased from $20,000. to $6.0,
000. This increases the appropria
Itions from $1,777,352 84 to $1,813,
052.84 and there may be further
The State levy has got ,been fixed.
Chairman Rucker and the members'
of the committee have worked hard!
on these items and the fact that
there wei-e only two changes is un
usual on this legislation.
When the appropriation (bill came
up Chairman Ruicker, who noas worked
hard in urging that the various di
visions of the bill be arranged in a
systemaitie way, exp'lained the va~
ri.ous items. There was an increase,
he said, of about $144,000, of which
$70,000 was for asylum 'mprove
ments, $14,000 for a new building at
the State colored college r.t Orange
burg to replace the one burned; $31,
B. Lathan, of Little Mountain, was
very ill. At this writing she ,is
Re-.. E. Q. Crenk will address the
Missionary society of Grace church
on the fourth Sunday evening in this
THE NEWS OF PROSPERITY.
Lentein Services.-Valentine Part
L Prosperity, Feb. 10.-Mr. God
. frey Harmon is ill with pneumonia
6 at his home in MeNairy street.
Miss Gertrude Simpson spent a
i few days of last week at home.
. Mrs. Lizzie DeWalt has gone to
Saluda to spend a month with hei
L sister, Mrs. Mitchell.
Miss Jane Cook, of Zion, is visit
ing 'her sister, Mrs. Dominick.
Miss Lillian Welch, of Newberry,
has returned home from a visit to the
Mr. John Pat Wise is at home
from the University for a few days.
A ceftain ill that flesh 'is heir to in
the winter time has had a big
"grippe'" on him.
Grace Missionary society will ob
serve the Lenten week of prayei
next week. The meetings will be led
by different members. The services
'will begia at 3:30 p. m.- The closing
service will be held on Sunday morn
ing ;at the regular preaching" hour.
Everyone is invited.
Don't forget the Valentine part3
at Hunter Heights on Friday even
ig of this week. No admission. Re
freshments gratis. Silver offering.
Mr. and Mrs. A. Z.' Counts, ol
Greenwood, arrived on a visit to Mr.
G. S. Merchants' family Saturday.
Mr. Counts returns to-day, but Mm.
Counts will remain for some time.
-The literary Sorosis was most de
lightfully entertained by Miss Blaneh
Kibler on the afternoon of the 4th
inst. Interesting papers and selee
tions pertaining to the years just
prior 'to the Revolution were read
and. enjoyed. After the literary and
-business features were over the club
was invited to the dining room wlere
a tempting, daintily arranged lunch
eon was served. As the fete of St Val
entine 's was so near, the hostess'
scheme was carried out with this
day in mina and things and edible
cordate greeted the eye everywhere.
The anecdotes called for on the rec
ular program were reserved for this
hour. Much merriment and feast
ing and pleasantry were mingled with
the music which Miss Lester evoked
from the piano in the adjoining
room. Mrs. Wyche will be at home
to the club on the afternoon of the
1Miss Sara Calmes, of Amnerieus,
Ga., is spending a few' days with rel
Miss .Lottie Stoudemeyer, of Cha
pin, is spending a fortnight with
Mrs. John Sease.
Mr. Bowman Boinest, of Pomaria,
visited his sister, Mrs. E. 0. Counts,
Mr. DeWitt Mitehell, of Saluda,
was the guest of Dr. Hunter's family
Miss Dominick, of Columbia, vis.
ited the Misses Harmon this week.
ffhe Washington's Birthday exer
cises .will 'be given for the purpose
of securing the wherewith to put
fixtures ins. the school library. -Thei
children are .getting ready to gree
you with happy songs' and readings
and drills and other appropriate fea
Mr. Walter Wise returned We
'nesday from Columbia.
T-he reading Monday evening given
by the U. D. C. Was well received.
The lilliputian wedding was a charm
ing~ feature of the program. The
score or more of promising little .tots
'arranged in appropriate, order was
-close akin to the spectacular. The
Ssongs were lively .and tunieful and
everyone was glad to have been pres
Dr. Twitchell of the University
lectured on "Volcanoes and Earth'
quake.'' at the auditorium Fr'ida3
evening. He handled his subject ir
a masterly way and gave his defini
tions, reasons and data in a vera
interesting, clear manner. The il
lustrations added much by impress
ing the facts upon the eyes anc
e minds of the adults as well as th<
. ehildre-n. If a crowded house is
proof of a cordial reception and an in
ritfationP to come again, we are surt
that we will have this gifted mai
with us again before always.
We' sate last week that Mrs. J
500 for eleetions, and other items.
It was decided to take up the bill
paragraph by paraglaph and pam
upon each one, then adopting the
bill as a whole.
Th4re was no diseussion until the
section on the comptroller general's
office was reached. Mr. Sawyer
wanted to increase the appropria
tion for the special investigation of
books of county offiers from $1,000
to $3,000 and made a strong argin
ment on the necessity for cheeking
up each county on account of short,
ages. The amendment was kiled,
however, and the appropriation
stood at $1,000.
Parental Authority Bil.
An unfavorable report has been
made by the house committee on Sen
ator Graydon's bill relative to the
father deeding children, brought
about by the Tillman ease. The
house committee\ reported favorably
on the Gasque house bill, which it
thin is better. The Gasque fi%
seels to amend the present law by
adding to the present law, but -
such deed shall be valid .unles
signed by both father and - mother,
if both be living. The committee
amends by adding, provided tha
nothing herein shall be constraed
to abrogate, lessen, or interfere vith
-the right and duty of a court of
eompete,t jurisdictipn at any time 71
as heretofore, to transfer and assig
School Truastees Terms BiM Pause&
Senator Earle's bill rela to ap.M'
poiOtment and term of oiee of comin
moo school trustees passed 1rd
reading in the -senate. The, hi'
which created a lengthy diseeino
this morning, is as foows;
'98edtion 1. That the term of o
fice of thetUstees of the .n- men
schools shall eease on the first d
of May, 1910. On or before sai,
date there shall beappointed aso
provided by law. three trustees f
each common school distriet, one o
whom shal hold for one yearne
for two years and one for threea
years, and on or before the first day -
of May of each year the successor
to the trustees whose term expires
on said date shall be appointed to
serve for a term of three years."
Costs for New County Kovnt
It wduld appear 'that There aren
erbryo several new county move
ments, jndging from the debate upo
the floor -of the senate yesterday
morning.- Upon Senator .Harvey'
bill to require new county advoetes,
that is to say, the new county- pro
ponents to pay the costs of the move-.
ments, there arose.a storm ofdi.
ussion, pro and on. The Dillon"
county fight came u~p agaim i the .
debate, and Senator Montgomery, in
favoring the measuie, stated that
debt of $10,000 had been piled up b$y
the Dillonites and& Marion m
stand 'hers shae of this under the~
. After general debate, an4 probs
bly under stress of the - argumn
that ''he who dances miust pay th
fiddler,'' the bill was -passed. Hw.,r
ever, Dillon coasty would not be at'
feeteid by this ket should it pas in
To Ohange Citd'san.
Ifthe bill passed .in the sente
goes through on the house' side, the
South Carolina Military AcademyA
will be known as ''The Citadel, the
Military College of South Carolin"
Contrary to expectations, and, very
unusual in a bill so strongly advo
eated by those whose interests it $ -
mostly affects, the measure met withL
orne opposition on the floor of the
Fellers and Morgan.
ILadies and girls, fellows rand fel
lows are finding that Fellers and
Morgan's is a good place to trade.
(lard of Tha"la
We wish to thank our many
friends for the kindness shown us
during the sickness and death of
our dear husband and father. May
the Lord's blessing rest upon each
and every one.
(Mrs.) Sara Rutherford and
Feb. '7, 1910.