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ON VARIOUS TRUSTEES
THOSE HOLDING TWO OFFICES
Those Named as Life Trustees of
Some State Institutions Are
4e Deciding that the trusteeship of
any of the institutions of learning of
the State is an office of trust the hold
ing of which precludes one from hold
ing another pffice of trust at the same
time, the special commission appoint
ed by the general assembly to investi
gate the holding of such offices, on
Friday night :reported to the two
The report names B. R. Tillman,
senator from South Carolina; John G.
Richards, Jr., railroad commissioner,
and Robert McFarland, judge of pro
bate of Darlington county, as trus
tees of State institutions who are
holding other offices contrary to the
The trustees of the various institu
tions serving without commissions
are also named in the report.
The commission did not attempt to
decide the question of whether the life
trustees of Clemson college are hold
ing office contrary to the constitution,
but submitted with the report a con
current resolution directing 'the at
torney general to proceed with pro
ceedings to determine this point.
The report and concurrent resolu
tion were adopted by the senate and
in the housie there was the same pro
eendure. A letter was read in the sen
ate from the governor to the commis
sion, saying that in the message to
the general assiembly relating to the
holding of offices by trustees the name
of Francis H. Weston, senator from
Richland, was given as a trustee of
the University of South Carolina. He
had since beien informed by Mr. Wes
ton -that he had resigned as trustee,
and had\ suggested the very point
The commission consists of Senator
W. L. Mauldin, chairman; Senator Le
Grand G. Walker, T. P. Brown, Geo.
S. Mowler, Frank B. Gary.
The report of the commission says:
The special commifission appoitted
by the two houses in accordance with
tbhe provisions of a concurrent resolu
tion "That a comtmission of five be
a.ppoinlted, three from the house and
two from the senate, to investigate
and report back to this general as
sembly, during this session, the trus
tees of the various educational ins ti
tutions of this State who are serving
without commissios, and also those
who are holding other positions of
pubiic trust of this State contrary to
the constitution of this State, begs
leave to report that it has duly inves
igated the matters referred to it.
"Your commission diecided that. un
der the terms of the concurrent reso
lution its investigation was limited to
Mtlose who are trustees of the various
educational institutions of the State,
and has con-fined its investigatioris to
such persons. Your committee. has
sought information from such sources
as it deemed proper.
"As we understand .the concurrent
resolution our -duty was to investigate
"(1) The trustees of the various
educational institutions of the State
who are serving without commuissions;
"(2) Those trustees who are hold
-ing other positions of public trust of
this State contrary to the constitu
tion gf the State.
"Your committee is of the opinion
that those trustees who ar;e ex-officio
members of the several boards are
*not violating any constitutiona'l inhi
bition when so serving an d we deem
it unnecessary to name those in that
"As coming within the category of
,-hose who are serving without com
mission your committee would name
"Trustees of Winthrop college who
have not been commissioned: Hon.
W. J. Roddey, Hon. J. E. Breazeale,
-Hon. Wilie Jones and Hon. B. R. Till
"Trustees of Clemson Agricultural
college who* have not been commis
sioned: Hon. John G.~ Richards, Jr.
Hon. Coke D. Mann, Hon. B. H. Rawl.
"Trustees of University of South
Carolina who have not been commis
sioned: Hon. Robt. McFarland.
"As to the inquiry as to what trus
tees are holding other positions of
public trust of this State contrary tc
*the constitution of the State youi
committee would report that after
mature deliberation it is of the opin.
ion, generally speaking, that the trus
teeship of any of the institutions o1
lear'ning of the State is an offi'ce oi
trust, t'i1e holdinz of which p)rechi1de
one from holdinig another ofiice ci
trust at the same time.
"Having reached t'iis oneTior
-,,- committe e o h ornin tha
ed trustee of Clemson agricultural
college and also railroad commission
er of this State is holding one or the
other of said offices contrary to the
constitution of the State.
"That B. R. Tillman, trustee of Win
throp college and also United States
senator from South Carolina, is hold
ing one or the other of said offices
contrary to the constitution of the
"That Robt. McFarland, who is trus
tee of the South Carolina university,
is also probate judge of Darlington
county, is holding one of the other of
said offices contrary to the cnostitu
tion of the State.
"Your committee has given much
thought to the question of whether or
not the life trustees of Clemson col
lege are in the same category as trus
tees elected by the general assembly.
Are they officers? Some of your com
mittee have grave doubts upon this
point. It is a question that ought to
be definitely and finally settled. It
can only be determined by a tribunal
whose province it is under the law to
determine legal questions. Your com
mittee therefore recommends the
adoption of the accompanying concur
rent resolution directing the attorney
general of the State to institute quo
warranto proceedings, or such pro
ceedings as in his judgment are prop
er, before a proper tribunal for the
purpose of de"erminlng whether or
not a life trusteeship of Clemson ag
ricultural coliege is an office of hon
or or profit, or whether it is an office
or position of profit or trust under
this State, .the United States of Amer
ica or any'of them or under any other
power. Until this question shall have
been finally determined in the manner
suggested it w,.l1 be a constantly re
curring source of annoyance to the
people of the State and to those who
are holding such trusteeships, and an
office at the same time, besides under
the honest belief that they are- not
violating the law.
"Your committee, composed of lay
men and lawyers, does not undertake
to decide this purely legal question,
but for the purposes above indicated
ii reports that Alan Johnstone is a
life trustee of Clemson agricultural
college and also State senator from
Newberry county, and that B. R. Till
man is a 'life trustee of .Clemson agri
cultural college~ and also United States
senator from South Carolina."
The foH'owing; is the concurrent re
solution the comnmission attached tc
"That the a:torney general of the
State is hereby authorized and di
rected to institu.te in the namne of the
State quo warranito proceedings, ol
such otbe.r proceedings as in his judg*
ment may be proper, before a p:ropel
tribunal, for tbe purpose of dete.rmin
ing whether or not a life ttrusteeshii
of Clemson agricultural college under
the will of the -late Thomas G. Clem
son 'is an office of honor or profit, o03
whether it is an office 'or position o:
profit or trust within the meaning oj
the State constitution under this'State
or the United States of America, oi
any other power, and if so, whether a
person holding such life 'trusteeshij
is inhibited under the constitution o:
this State from 'holding at the same
time any 'other office of honQr or profit
and respecially whether a person .caT
be a member of the general assembl3
of South Carolina while 'holding a liff
trusteeship on the Clemson agricultur
A FAIR OFFER.
Your ifo ney Back if You're Niot Sat,
We pay for all the medicine used
during the trial, if our remedy fait
to completely relieve you of constipa
tion. We take all the risk. You arm
not obligated tc us in any way what
ever, if you accept pur offer. That's;
mighty broad staterben~t, but we meal
every word of it. Could anything b<
~more fair for you?
A most scientific, common-sens'
treatment is Rexall Orderlies, whici
are eaten liks candy. Their activi
principle is C. recent scientific dis
covery that is odorless, colorless an<
tasteless; very pronounced, gentle an<
pleasant in action, and particularl:
agreeable in every way. ThIis ingred
ient does not cause diarr oea, nausea
fatulence, -griping or any inconven
ience whatever. Rexall Orderlies ar
particularly good for children, age
and deli cate p3rsons.
If you suffer from chronic or habi
tual constipation, or the associate o
dependent chronic ailments, we urg
you to try Rexall Orderlies at ou
risk. Remember you can get them il
Newberry only at our store. 12 tab
lets 10 cents; 36 tablets 23 cents. Gil
der' & .Weks,-The Rexali Store.
,KICIIESTER S PILLS
TXHE DIAMOND nim.:D.A
L4Adies A%k your Drggs for
4. l-c.hes-ter''s Diamond ru
PltiIs in Red ar.d Gold metalic'
a t'xes, seale i with lue Ribbon.
"Why Not Take a Trip to
FLORIDA or CUBA?"
They have been broughil
within easy reach. by the
splendid Through Train Ser.
vice of the
Atlantic Coast Line Railroad
Write for illustrated book.
lets, rates or any other infor.
mation, which will be cheer
T. C. W ITE,
Gen. Pass. Agt.,
Wilmington, N. C.
Attack Like Tigers.
In fighting to keep the blood pure
the white corpuscles attack disease
germs like tigers. But often germs
multiply so fast the little fighters are
overcome. Then see pimples, boils,
eczema, saltrheum and sores multiply
and strength and appetite fail. This
condition demands Electric Bitters to
regulate stomach, liver and kidneys
and to expel poisons from the blood.
"They are the best blood purifier,'
writes C. T. Budahn, of Tracy, Calif.,
"I have ever found." They make rich,
red blood, strong nerves and build up
your health. Try them. 50c. at Wm.
E. Pelhaml & Son's.
ADMINISTRATOR'S SALE OF PER
By virtue of the power to me given
in an order of the Probate Court for
NewberTy -County, South Carolina, I
will sell to the highest bidders, for
cash, at the late residence of N. P.
Abrams, deceased, on L. W. Floyd's
plantation in Newberry County, on
Feb. 28, 1911, beginning at 11 o'cloch
a. in., the personal property of the
said N. P. Abrams, deceased, consist
I ing of one horse, two cows, threE
buggies, harness, hams, shoulders
other meats, household and kitcher
furniture, etc., etc.
H. H. Abrams,
Accused of Stealing.
E. E. Chamberlain, of Clinton, Me.
boldly accuses Bucklen's Arnica Salvi
of stealing-thie sting from burns o:
scalds-the pain from sores of al
kinds--the distress from boils 01
piles. "It robs cuts, corns, bruises
Isprains and injuries of their terror,1
'e says, "as a healin-g remedy its
equal don't exist." Only 25c at We
E. Pelham & Son's.
LICENSE M~UST BE PAID.
All persons are hereby notified tha
town license must be paid on or beford
February 10, after which date thosi
having fail~ed to pay will be brough
before the mayor.
By order of the mayor.
Jno. R. Scurry,
C. & T. T. C. N.
A Xing Who Left Home
set the world to talking, but Pau
Mathulka, of Buffalo, N. Y., says hi
always KEEPS AT HOME the Kini
of all Laxatives-Dr. King's New Lifi
Pills-and they're a blessing to al
his family. Cure constipation, head
ache, indigestion, dyspepsia. Onl:
25c. at Wmn. E. Pel'ham & Son's.
NOTICE TO DEBTORS AND CREDI
Notice is hereby given that the -un
dersigned has qu'alified as Admninistra
tor of the estate of N. Pink Abramns
deceIasedd All persons indebted t'
said estate will make prompt settle
ment, and all <persons holding claim
against same will present them, prop
ery attested, to the undersigned, o
his attorney, Eugene S. Blease, New
berry, S. C.
H. H. Abrams,
- Qualified Administrator.
Scale of Vote for The Herald and New
An increase of 500 votes on ever;
year will be given on New Subscrip
tions. The following scale for old ani
6 months, 7% cents ........500 votes
1 year, $1.50.. .... .....1,000 votes
2 years, $2.00.. .... .....2,500 votes
3 years, S4.50.. .......4,000 votes
5 years, $7.50.... .....10,000 votel
10 years, $15.00.. .... ..25000 votes
25 years, $37.50 ... .. . .100,000 votes
Now is the time to subscribe to Th
~Herald and News.
- OVER 65 YEARS'
Anrone encY"ng a set&h anld daseri;xi"fm may
-~IJ Tt ins : ,et i ''n'den i::. ' v.:t0 on ~ P a ut
Sen:t free.'4~ Gide gec fur secunng piatents.
-jPa:cnts taken throughi Mul:n a Cu. receive
special notice, without charue, in the
A handsomnely illustraited weekly. Largest cir
y r fr rojtts ,L Sol bynnal s
& sO3loadway. Ne Yw
l2....,h nmfce 62 F t. Wa sh ingtOl on. .
Todyhe Oresuh lta
I Factories to supply the
F. S. ROYST]
I -. NORFOLK, VA. TARBORO, I
Creditors will not take anz
chant who does not insure
Should your wife and childre
risk by you not having yo
Ask the Newberry Insuran
Company about it.
REAL ESTATE DE
No- 76. We have just ha
one of the best mercantile es
the city. Will sell for $6,000J
- E. H. Aull President J. K.
H. H. Rikard, V.-Pres, Paul
NOTICE OF FINAL SETTLEM~ENT.[F
As executrix of the last will andW
testament of Mrs. Nan cy Car cline liar-4
r, I will make fina1. settlemen't of the
estate of the said Mrs. Nancy Caro
line Harris in the probate court for
Newberry county on Wednesday, 1'a
March 8, 1911, at 11 o'clock in the have
forenoon, and immediately thereafter' extencl
apply for letters dismnissory as said inpl
exeutrx.All persons holding claims by the
against said estate will present them ers ti
duly attested'on or before that date. Southe
Annie R. -Hrris,
Executrix of the last will and teN- WOO
tament of Nancy Caroline Harris. Segd
2-7-4weeks t h
I. jfor suc
UNITED STATES OF AMERICA, foSU
DISTRICT OF SOUTH CAROLINA, o h
IN THE DISTRICT COURT. mati
In re G. M. B. Eptin'g, Bankrupt.
By virtue of an order herein of Hon. C
Ino. J. Earle, referee in bankruptcy, re
consented to by all parties in inter
est, the undersigned will sell at pub
lic auction before Newberry -court seedS
ouse, S. C., on March 6, 1911 (sales
day) to the highest bidder therefor. ,
All that piece, parcel or lot of land,
upon which is loca ced a four-room The whc
dwelling, lying and being situate in, be paid
*the Town of Newberry, State of South therefor
Carolina, and in that part of said town ($100) di
*known as "Graveltownl," hounded by M. B. E
lots of Guilford Snowden, Dr. -T-.ps ty minui
McIntosh and land of the Southern ceptedi ir
Railway company, fronting sixty-three Ichaser tt
feet on street, above de- to said i
scribed lot being heretofore known
as the "Josie Jones house and lot." Trustee
on th following terms, to wit: /Februt
ed that succes
lizers who would
itions. This was
ears ago and th
a been that it r
demand for Roys
ER GUANO COMPAIN
ES AND SALES OFFICES.
,. C. COLUMBIA, S. C. SPARTAIN
GA. MONTGOMERY. ALA. BAL'
r risk on a mer
take a greater
r life insured ?
e and Realty
.listed with us
. Halfacre, Mgr.
m cns Garden
n established reputation
ing over thirty years, be
Lnted and used extensively
est Farmers and Garden
oughout the Middle and
c's New for 1911lwill
Catalog E*I as *
Ltcrops and seeds to plant
ess and profit. Our-pub
is have long been noted
full and complete infor
which they give.
talog mailed free on
quest. Write for it.
. WOOD Gs SONS,
men, - Richmond, Va.
>e of the purchase money to
cash; and the highest bidder
to deposit one hundred
1lars with the trustee of G.
ting, Bankrupt, within thir
es from the time bid is ac
1confirmation of his bid, pur
)pay for cost of drawing deed
Lambert W. Jon'es,
of G. 1. B. Epting, Bankrunt.
a) F- -
s awaited the
is is his idea;
URG, S. C.
D)ANDUFF AND ITCHING
SCALP YIELD TO
Why experiment trying to drive the
landruff germ from underneath the
;kin with greasy lotions or fancy hair
Iressing when druggists everywhere
and in Newberry Mayes' Drug store
will guarantee ZEMO and ZEM*
SOAP to entirely rid the scalp of the
germ life that causes the trouble.
ZEMO AND ZEMO SOAP can pe ob
tained in any city or towp in America
and recognized as the best and most
economical treatment for all affections
-f the skin or scalp whether on infant
Or grown person. - One shampoo with
ZEMO SOAP and ap'plication of ZEMO'
will stop itching and cleanse the scalp
of dandruff and scurf. Application af
ZEMO and us of ZEMO0 soap will care
the most obstinate case of eczema or
We invite you to 'try ZEMO an(
ZEMO SOAP and if not 5ntirely satis
fled we will refund your money.
Mayes' Drug Store.
TAX E~ETUEN NOTICE.
Make your tax retuns on or before
February 20, 1910, or the penalty of
50 per cent. will be added for failure
to do so.
EUG. S. WERTS,
Parson's Poem a Gem.
From Rev. H. Stubenvoll, Allisoni.
a., in praise of Dr. King's New Life
"The're such a hea-lth nedessity,
Tn every home these pills should be.
Columbia, Newberry & Laurens 11. B.
Schedule in effect October 6,' 1910.
Subject to change without notice.
sc edules indicated are not guaran
A. C. L. 52. 53.
Lv. Charleston.. ... 6.am 10.00pm
iv Sumter.. .. ... 9.4am 6.20pm
C.,N & L.
.v. Columbia.... ..11.5am 4.55pmu
Lv. Prosperity. .12.42pm 3.34pmi
Lv. Newberry.. .. .12.56pm 3.20pmf
Lv. Clinton.... .... 1.5pm 2.35pm
Lv. Laurens...... 2.35pm 2.12pm
. C. &W. C.
Ar. Greenville. . .. 4.O0pm 12.20pmn
Ar. Spartanburg. '.. 4.05pm 12.20pmi
S. A. L.
Ar Abbeville ' . 3.55pm 1.02pm
Ar Greenwood .. 3.27pm 1.33pm
Ar Athens.... .... 6.pm 10,30am
Ar. Atlanta...... .8.45pm 8.00ami
A. C. L. 54. 55.
Lv. Columbia. ... .. 5.pm 11.15am
Lv Prosperity. .. 6.26pm 9.50am
Lv. Newberry.. .... 6.44pm 9.32am
Lv. Clinton.... ..-7.35pm 8.4'4am
Lv.. Laurens.. .. .. 7.55pm 8.20am
Ar. Greenville.,.... 9.2pm 7.00amf
S. A. L..
Ar. Greenwood .. 2.28am 2.38am
Ar. Abbeville......2.56am '2.08ami
Ar. Athens.. .... ..55.04am 11.59p&n
Ar. Atlanta.. .. ...7.15am 9.55pm
Nos. 52 and 53 arrive and depart
from Union Station, Columbia, daily,
and run through between Charleston
Nos. 54 and 55 arrive and depart
Gervais street, Columbia, daily, a -
ept Sunday, and run through be
tween Columbia and Greenville.
For information ask agents or write,
W. J. Craig, P. T. M.,
Wilmington, N. C.
I. Livingston, S. A.,
m'a. S. C.