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TOLUME XLIX, NUMBER 16 NEWBERRY, SOUTH CAROLILA, TUESDAY, FEBRUAR 21, 1911. -
ACT GIVES SHERIFF
POWER TO APPOINT
BILL ALSO RELATES TO ROAD IN
And to Working of Roads Generally.
The Governor's Reasons For Not
"A Bill in Relation to Newberry
County," passed by the recent legisla
ture, the most important feature of
which provides for the appointment
'by the sheriff of two deputy sheriffs
to police the county, will not receive
the approval of Governor Blease.
This bill was introduced in 'he sen
ate by Senator Johnstone. As origi
nally introduced it amended- the road
vovern'or Will Use Teto on Newberry
inspectors' act by imposing additional
duties upon the inspzctors and further
perfecting the idea of. the senator
along this line, originally incorporated
i-n the bill introduced by him and
:passed at the session of 1910. The bill
twent over to the house, and as the
-result of a delegation meeting, -.the
bill was amended by providing for
-the appointment of the two deputy
taheriffs, the appoin!tment to be made
lbjy ghe sheriff of the county, provision
being made for removal by the sheriff
for cause. The compensatQign Qf tagj
deputy sheriffs was flxed at two dol
.las per day.
Th bill went to conference, and
-was :further amnden4d by the addition
. of other provisions f'or Worldng the
roads of th:e county. As finally greed
upon by the Newberry ceiegation, the
bill was passed, rattfied, and sent to
G-overnor Blease for 'his approval.
When the genera: assembly ad
jouirned Governor Blease still had the
*act in his possession. The' constitu
-tion provides that he :has until three
~days after the beginnmng of the next
.ssion to approve or veto an act, and
if he does not act within that time th-e
boill becomes a law without his appro
When asked by a representative of
"The Herald and News wvnat course he
would pursue in regard to the bill,
Governor Blease saia Uiat it was his
intention to veto it. He said he was
actuated by two reason-s. The first
was that the bill was unconstitution
al for the reason that it did not coim
ply with Article 3, section 17, of the
constitution, which provides: "Every
act or resolution having the force of
law shall relate to but one subject.
and that shall be expressed in the ti
*i. The act in question relates to
several subjects, and they are not ex
oressed in the title.
Another reason, said Governor
Blease, was the same as that which
actuated him i.a vetomng the Dorches
Ster act, which veto was sustained by
-the general assembly. In vetoing that
m(Gover:nor Blea.e s:ijd: "The re'
r Veto Act
this law (the dispensary law) rests
largely with the chief executive, and
if designated to another, as is done in
this act, takes entirely from his con
trol and yet leaves him subject to the
criticism for its non-enforcement.
While I would be glad to be relieved,
as this act suggests, yet the criticism
will be just the same by th6se who
do not understand the situation, and
by some maliciously, who do under
stand it. If this act became a law I
would, of course, feel under it that I
have no power or responsibility for
the enforcement of the law in this
(county as it is placed upon others."
The Dorchester act related specifi
cally to a liquor constable, while the
Newberry ict does not specify that
particular duty. It is presumed, hr)w
ever, that one of the principal duties
of the deputies to be m>ppointed by the
sheriff would be the enrorcement of
the liquor laws> in connection with
their duties to enforce all laws, as it
is the duty of a liquor constable to
look after the enforcement of all the
WANTS FURTHER AUTHORITY
Richards Asks That Status of Elec
. e Trustee be Defined.
Columbia, Feb. 16.--Major John G.
Richards, Jr., railroaa commissioner
and also an elective trustee of Clem
zon college, has by Letter urged Gov
,(ernor Blease to ask that proceedings
be provided for looking to a determi
nation, by the courts, of the question
I whether elective trustees of State in
stitutions of higher education may hold
other pu'blic positions without violat
ing the constitution.
The general assembly has directed
the attorney general to seek a court
ruling on the status of Clemson life
trustges 'holding public offic.es. Major
Richar'ds says that an opinion by the.
judiciary committees of the legislature
cannot be regarded as final and con
clusive adjudicition of the constitu
tional' question traised by the gover
nor's "two office" message.
Mr. Richards raises important ques
tions in ihis letter, whiich, in part, are
as fol-lows; ..-- V _
trustees of Cl.emson adilege WAithdut
~ being a candidate for t'hiat .position aiid
by practically the unanimous vote of
the general assembly. I was at thdt
timne a member of -the legislature anid
served two years as a member of 'that
body, while a member of the Clemson
board. The questior., mnvolving the
same issues as raised by your mes
sage, was sutbmitted to the legislature
by resolution during the session of
1909 or 1910. The judicidfy committee
of that body, as I recall it, fondered
an opinion that the holding of a trus
teeship of a State college or school
while serving in anoTer governmen
tal capacity, was not a violation of
the constitution, and there the matter
rested. I have never relt, nor do I
feel now, that I am violating the law
of the State in holding thle two posi
tions. 1 will admit that the authori
ties are very much divided upon this
question, so:.na holding that.a trustee
ship of a State college or school is an
ofie scontemplatetl ny the constihu
tion, and oihers that it is not. The
question, th?refore, i:. szGil an open
o ne and will ren.5 so until finally
s tted by the proper authorities,
namely, the courty of the State.
"The dlecision of this sub-commitie>
is merely an opinion and may or may
not be correct. It has no binding ef
fect and does not setule tne question.
I do not wish to in any way violate
the haws of the Sta:e, nor wvill 1 (10
so when convinced that any course I
may b& pursuing is ~n violation of its
teaching, but. as,I see it, my resignia
tion from the Clemson board will in
no way determine the issue involved.
"This question is faa-reacnling in ef
1feet and involves every trustee of ev
'ry school and college in the State.
xvo m-.tv h;e holdinog a.fV DOSitiOnl wVith
once for all. The sub-commeitte of
this legislature, appointed to inquire
into this matter, :recommend that the
attorney general institute proceedings
before the .proper tribunal to deter
mine whether or not certain life trus
tees of Clemson college are holding
their positions contrary to the consti
tution, and I respectfully request that
the proper proceedings be instituted
to determine this question, :in all its
phases, at the same time. I feel that
this is the proper course for me to
pursue and that it is best for all in
SUIT TO DECIDE QUESTION.
Attorney General to Bring Action in
Columbia, February 18.-Governor
Blease today took action on the "two
ojce" matter for determining the
question of the right of a public offi
cer to hold a trusteeship of a State
college. He has sent the letter of
John G. Richards, Jr., a memb-er of
the railroad commission, to Attorney
General Lyon, asking that he bring
suit to finally determine the issue.
The general assembiy, Dy the adop
tion of the resolution -pepared by the
commission, specially appointed to in
vestigate this very matter, took the
TO- KEEP UP WORK
FOR THE ASYLUM
Legislature Provides For Continuance
of Commission-Is Authorized to
The free conference report on the
resolution continuing in office the
present commission in caarge of the
improvementq to the State Hospital
for the Insane was adopted in both
houses, thereby sending the measure
to the governor. 'The joint resolution,
which originated in the house in the
forAh of' a resolution to discontinue
the commissio:, was amended by the
senate to exactly the opposite effect,
i. e., to keep in :power the commission
appointed last year. The only change
made by the free conference commit
tee was in amending'section 1 so as to
give to the governor thei duty of ap
pointing the commission, and adding
a recommendation that th-e former
board be rea,ppointed. The commis
sion, by the senate amendments, in
corporatedin the resolutionl as it came
out of free conference, provide d~at
the commiss-ion be emnpowered to bor
row $200,000 from the sinking fund
comimission, or elsewnere, with which
to carry out the provisions of the
Niss Reid NIigIiffilj EntertaIns.
Chappells, Feb. 20.-in Tnes<iai
ntigi%t Miss May Reid, assisted by Miss
Janie A- Wall and Miss Eula Gregory,
delightfully entertained a numoer o1
friends at a v16line party given in
honor of Miss Annie Tate Morgan, of
Fayetteville, N. 0.
The parlors and dining i'om~ were
tastily decorated with 'hearts a-ad cu
pids. Dan Cupid's postoinice, throu-gh
which each guest received appropriate
valentines, afforded mucn amusement.
The prize, a beautiful valentine was
awarded Miss Fannie Strother for
writing the most oriagnal valentine.
Delicious refreshments were serv
ed. A number of choice selections of
vocal and instrumental music were
rendered by Miss Eula Gregory, Miss
Janie A. Wall, Miss Annie Tate Mor
gan and Miss .Julia M. Smith.
The guests left at a late hour, all
voting Miss Reid a charniung hostcsS.
Those presenit were: M.esdamnes WV.
J. Holloway, WV. 0. Holloway, WV. R.
Keith, W. R. Smith, Sr., A. P. Cole
man, Mies A. T. :.:organ, Victoria
Reid, Mayme Boazman, Eula Gregory,
J. A. Wall, .1osie Reid, .Julia Smith,
Fannie Strother, Weeta Addison. Irene
Webb. Messrs. Wmn. E. iReid. Harry
Strother, .J. .J. B3oazman, J1. .J. Murran,
P. M. Smith, A. M. Smith. G. McG.
Smith, Jlames M. Keith, A. P. Colemlan,
. L. Cook, JIohn Webb, WV. C. Keith.
. Mauldin Watkins.
Pulaski IAodge, I. 4). 0. F'.
Pulaski lndge, No. 20. I. 0. 0. F.,
will meet I d ay night, March 3, at 8
o'clock at Klettner's Hall.
WV. H. Hardeman,
W. G. P&terson. N. G.
NEWS OF PROSPERITY.
Program of Washington Birthday En
Prosperity, Feb. 20.-Following is
the .program of Washington-s birthday
entertainment to be held in city hall
Tuesday night, at 7.30.
The Builders-Ruth Cannon, Elton
SeaS.e, Katherine Counts, Grady Bed
enbaugh, Vera Merchant, Horace Dom
inick, Annie May Gibson, Ernest Boyd
Dominick, Myra Hunter, Robert Pugh.
Uncle Sam's Stamp--James Wright
Song-"Beautiful Flag of Liberty."
Soldier Boys-Marion Clark Mor
-ris, Frank Duncan, Jonn Birge, Mer
chant Corday Counts.
Not Like Washing.y,n--irady Bed
A Young Patriot-Frank Schumpert.
A Little Boy's Hatchet Story-Hom
"Arnold or Washington"-Curtis
Pugh and Aldon Beden-jaugl.
February 22-Ethel~ Saner, Lois
Merchant, Ruby Cook, Elizabeth May.
Washington-George Lawson Dun
can and F. J. Black.
Like Washington-Mower Singley.
Our Washington-Mary A. Hartman,
Mamie Livingston, and Lizette Counts.
A Zealous Patriot-Jake Mitchell.
Something Better-Ruth Hunter.
The Boy Washington-Ellen Wheel
'Tis Splendid to Live so Grandly
Washington's Birthday - Caro
Wyche, Susan Quattlebaum, Josephine
May, Susie Langford, Ruby Wheeler,
Leo Mathis and Lewis Bedenbaugh.
Betsy Ross and the FlaggMary
DeWalt Hunter, Henry Quattlebaum,
Marguerite Wise, Bessie Gibson, Jen
nie Ruth Counts, Bertha Shealy, An
nie Kinard, Moss Fellers, Dorris Kohn,
LEro Livingston, Ethel Hendrix.
Song-There Are Many Flags.
Contrast Between Napoleon and
Washington's Na.me--Jessie Lorick.
Washington and His Home-Ray
-Song-"Hail, Home of Liberty."
Washington's Gifts to World
Grace Burton Reagin.
Washington's Position in History
ISong-"The New Hail Columbia."
Mr. J. B. Stockman is visiting rela
tivs in FJorida. *
Prof. J1. E. Hunter, of diemson a&
lege, spent thle week-end here with
friends. y r'D_ -
1Rev. M. O, J. Kreps, of Columbia, is
in town for a few days.
D)r. G, Y. Hunter is visiting his
father at ele.mson eollege.
Miss Isoline Wyche; who is teach
i.ng French and German in Athens
high school, is home for a few d-ays.
The commercial leatgue will meet
Tuesday afternon at 5.30.
Mrs. C. B. Boozer lias been called,
:to .Spar'tanhburg on account of' the
illness of her son.
Skipped Board Bill-Nothing More.
'teewas considerable interest
aroused in police circles on Friday
night when it was thought possibly a
man under arrest here might be one
of those wanted in connection with
the recent violent deeds in Greenville
and vicinity. It was soon learned,
however, that this impression was a
A telephone message was receiv~edI
from Greenville shortly before the ar
rival of the -9.05 p. mn. train asking
that a "cowboy" with the Smith Carni
val shows be arrested on arrival of
the train for skipping his board bill
of $8.00. The arrest \s m raae by Po
liceman Lee, and thie "cowboy" had
$12 on his person. The board bill was
secured, and the "cowboy" released.
Clinton, S. C., -t. 17, 1911.
Mr. Aull, Dear bir: i send by to
day's mail P. 0. orAer for one dollar
arI fifty cents for renewal of Herald
anl News, which I can't do without.
next to letter from dear old Newberry.
My subscription will not expire un
til July 1, 1911l.
Mrs. J. A. Don
MISS ELN WERTS
WINS GOLD WATCH
MISSES KOON, SMITV AND CALD
WELL AWARDED PRIZES.
Big Contest Came to Close Yesterday
at Noon-A Great zuccess ir
Mrs. J. A. Dominick.. ....2,239,800
Miss Ellen Werts... ....1,870,300
Miss Annie Koon.. ......849,570
Miss Julia Smith .. .. .. ... 652,000
Miss Joe Caldwell.. .. .... 260,960
We, the undersigned committee,
have this day counted the votes of
contestants in The Herald and News
contest , and find result as stated
J. Y. McFall.
R. D. Smith.
M. L. Spearman.
First and Second Prizes.
Under the above count by the judges
... . .. ........ ..
HANDSOME PIANO WON
Mrs. J. A. Dominick wins the fine Cote
piano, and Miss Ellen Werts is the
winr of the second prize-the fine
ladies' double-case goid watch, which
hs been eu exhibition .in Daniels &
Wiiajmnadh's jewelry store.
I rizes for Next Three.
In vieW of -the faithiful work which
hts beern done 'by Msses .Adai 949h
Julia Smith &?id Joe saidwell, Th4
Herald and News has #htitrif ipre
sented to each, with its hed?tY thanks,
a 'handsome 'plate glass mirror fromj
Mayes' Book Store.(
Rbate certificates are awarded tol
sses Werts, Koon, Smith and Cald
well, i0 the following order:
A rebat$ eertificate of $200 on the
purchase price of'a Cote piano, to
Miss Ellen Werts ;i i rebate certificate
of $175 on the ptNchase price of a
Cote piano, to Miss Annie Koon; a
rebate certificate of $150 dri the pur
chase price of a Cote piano to .Miss
Julia Smith; a rebate certificate of
$125 on the purchase price of a Gote
piano, to Miss Joe Caldwell.
These rebate certificates will be ac
cepted by the America.n Music com-]
pany, Jacksonville, Fla., for their face
value on the purchase of a Cote piano,1
if presented within six months fromi
the close of the contest. The certifi
ates are transferablh, but aat more
than $200 worth will oe ajiowed on 1
a piano. By this means you can get 1
a $400 piano for .$200 or more accord- I
ing to the value of the cer.tificate you 4
C'losed on Stroke o' Twelfe.
Promptly on the stroke of 12 yes
terday the contest was closed and the
ballots were turned over to the judges. a
During the progress of the big con-]
test hundreds of names have been ad- 1
ied to the subscription lst of The<
Herald and News, placng a modern 1
and live newspaper, which gives the
news while it is news, in the hands of I
a much greater numbergf people, and
worki-g to the advantge' of advertis
era,Jhe retrnsfronad-er:I ent
e, Fine Piano
being properly figured on the basis
It is by far the baggest and most
successful contest ever pulled off in
The Contest Manager.
Mrs. Edna Morris, the contest man
ager, who 'had sole charge of the
xontest, has worked faithfully for the
success of the contest, and has been
generally congratulated upon bler .ab
;olute impartiality and the sympathe
ic interest which she has taken in
A Remarkable Campaign.
The official count, which was com
pleted Monday, tells the' story of a
nost remarkable campaign of senti
nent and good fellowship, which was
naugurated eleven -weeks ago, and
which aroused the readers of TheX
Eerald and News to a pitch of excite
nent at its inception, and maintAined
inabated interest in -the face of im
portant news events which arose from
Aime to time during the life of the
The greatly increased circulation
BY MRS. J. A. DOMINICK.
will, of course, give the advertisers
much greater value for their money
and in addition the greater cirQUietion
enables The Herald ana Wgg per'
form a more valuable part in the aii
fairs of the citizens of Ne'wberry a'#
Our Thanks. .
The Herald and News Wishie to ex
tend ts eah nd all the contestant~
its sincere appreciation of thete
Weili dehte in the dentest, and to ths
leaders is extends its sincere congra
newspaper -is thi.t it was inipossible
for all of them to win first prize .
In'"behalf of the contestants, as well
is for The Herald and News, it de
sires heartily to thank the huandreds of
~riends who have so earnestly sup
>orted their favorite contestants.
To the Mlerchants Assisting.
All during the contest the special
rizes offered by the -public-spirited
nerchants addedl entnusiasm to the
ace, and helped to make the contest
3 big success. These business firms
bave net only made warm friends
3mong the contestants, out among the -
;blic in general, and The Herald end.
Kews can not thank''these merchants
oo much for their co-operation in the
All the contestants have shown un
iring energy in 'their efforts during
his exciting campaign, and each one
as proved herself to be a great far
~rite, and popular among the people
ft the State, .and of Newberry county
To thme .Judges.
Th!e Herald and News wishes to ex
end its thanks to the four gentlemen,
dessrs. R. D.J.Smith, J. Y. McFall, M.
. Spea'rman, and J. E. Norwood, rep
esentatives cf the four banks of the
~ity, for their kindness in consenting
o act as judges, and for their prompt
less in counting the ballots and an
iouncing the result. mr was a big job,
tnd much credit isAdhe them for the
isistanea re,ndered Tl~ Herald and