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"COURTS WILL DECIDE
GOV. BLEASE SATISFIED WITH
STAND IN FIGHT.
Nothing to be Said on His Position.
Would Have Been Glad i; Maj.
Kirby Had Resigned.
"The matter is for the courts to de
cide. I made the appointments and
This statement was made yesterday
by Gov. Blease when asked concern
ing the injunction secured against
certain of his appointees in Beaufort
"I know the law and have made the
appointments," he continued, "and it
is for the supreme court to decide. I
have nothing more to say."
Gov. Blease said that he would
have been glad if A. H. Kirby, of
Spartanburg, had retired, as he had
seen a long service. He also said
that S. M. Wetmore and Robert Gantt,
two attorneys, had been recommended
to him by the spartannurg county
delegation for appointment. He ap
pointed Robert Gantt and J. M. Bow
den. Gov. Blease said that when
Maj. Kirby refused to turn over the
office of magistrate that there was
nothing left but to recall the com
The governor returned yesterday
from Atlanta. where he has been at
tending the Southern Commercial
congress. He attended the meeting
of the State board of education, as
ex-officio chairman, during a greater
part of the day.
Gov. Blease said he had not yet de
cided as to the dispensary investiga
Spartanburg, March 10.--"Having
been appointed for two years or until
my successor is appointed by and
with the consent of the senate. I re
gret that, under the existing circum
stances, I do not feel authorized or
duty bound to surrender the office of
magistrate," said Maj. August H. Kir
by in a letter which he wrote Gov.
Cole. L. Blease yesterday in answer
to the executive'st letter informing
him that his commission was null
Set Tight in Boat.
"Go ahead and perform your duties
as magistrate, and pay no attention
to Mr. Kirby," is the advice received
from Gov. Blease by J. Malcolm Bow
den, who was appointed by the gov
ernor ~to succeed Maj. Kirby.
Another magistrate, W. C. Harrison,
of 'Readville, who was recommended
for reappointment by the legislative
delegation, declines to surrender his
office to the governor's appointee, T.
These were today's developments in
the magisterial muddle in Spartan
s Letter to Blease.
Maj. Kirby's letter to the governor
!ollows in full:
"Hon. Cole. L. Blease, Governor, Co
lumbia, S. C.
"Dear Sir: I am in receipt of yours
of the 8th inst., in which you say your
successor having 'been -appointed,
your commission as magistrate is
hereby revoked and made null and
"Having been appointed for two!
years or until my successor is ap
pointed by and with the consent and
advice of the senate, I regret that,
under the existing circumstances, I
.do not feel authorized or duty bound
-to surrender the office as magistrate.
"I was prepared to turn over to my
successor the office of magistrate, had
he been appointed and commissioned
as the law requires, as per civil code,
"You having ignored the recoin
mendations of the Spartanburg coun
ty delegation and the senate,I am ad
vised that I should hold over as legal
"A. H. Kirby,
Makes Formal Demand.
'Mr. Bowden wrote Gov. Blease that
in compliance with the governor's in
structions he had made formal de
mand of Maj. Kirby, in the presence
of a witness, for the books and pa
pers of the magistrate's office and
that Maj. Kirby had refused to give
them to him. Mr. Bowden has re
ceived a letter from Alexander Row
land, private secretary to the gov
"The governor is in receipt of your
letter of March 6 and directs me to
advise you to go ahead and perform
your duties as magistrate and pay
no attention to Mr. Kirby, that the
matter will be attended to at the
proper time and in the proper way.
"Yours very truly,
There is considerable speculation
as +o what "the proper timea nd the
proper way" will be. It is said that
if the governor should now attempt
to remove Maj. Kirby "for cause" it
would be a virtual acknowledgment
that he had no autnority arbitrarily
to revoke the commission as he has
Both Do Business.
It is expected that the matter will
be adjudicated when the rival mag
istrates present their claims for sal
Both are doing business, but not
nearly so much as if there was no
cloud on their titles of the office.
The other Spartanburg magistrate,
Robert J. Gantt, whose right to the
office is not disputed, is being swamp
i ed with business. Many litigants are
fearful that decisions or judgments
rendered by either of the cther two
might not hold.
Magistrate Harrison, of Reidville
was in the city today in consultation
with Maj. Kirby. He was commis
sioned as magistrate in 1910 by Gov.
Ansel to fill out the unexpired term
of R. L. Pearson, resigned.
The delegation recommended him
for reappointment. Gov. Blease ig
nored the recommendation and ap
pointed T. 0. Fowler magistrate. Mr.
Harrison has received a demand from
Mr. Fowler for the official books. He
has declined, however, to give up the
books and is prepared to conduct all
business that may arise.
D. D. M'COLL DEAD.
Was Confederate Soldier, Lawyer,
Banker, Cotton Mill and Railroad
Builder and Financier.
Bennettsville, March 10.-Duncan
Donald McColl, president of the Bank
of Marlboro, died at his home here
this morning at 5 o'clock.
His body will be buried Sunday
morning at 11 o'clock in the McCol;
He was born on the 23rd day of
Auril, 1842, in Richmond county,
North Carolina, about one mile from
where Hasty depot is now located.
He was the son of David McColl and
grandson of "Long Hught McColl,
who came from Scotland and who
was soldier in the War of 1812, anc
on his mother's side was also a
grandson of sturdy Hugh, who &lst
came from Scotland about the same
SPECIAL COURT AT FLORENCE
Gov. Blease Apponts Willcox As Spec
ial Judge To Hold Court at
Columbia, March 12.-Disregarding
the supreme court, Governor Blease
announced tonight hat he had comn
mis4ioned F. L. Wilcox as special
judge for the term of court commenc
ing in Florence tomorrow. He said
that he had made the appointment
upon the request of Cnlairman Clayton
of the Florence County Bar associa
tion, and that he had not considered
the recommendation of Mr. Willcox
made by the supreme court. Mr. Will
cox is a well known attorney of Flor
ence and was -not included in Gover
nor Blease's list of "eligibles" recent
ly sent to the supreme court
Issue Still Undecided.
The appointment of Mr. Willcox
ends the fourth chapter of the contro
versy betwen the governor and the
supreme court, and the issue between'
th two departments of the State gov
ernment is no nearer a solution than
on the first day, when Governor
Blease sent a curt note to Chief Jus
tice Jones, in which he declared that
he would appoint "my friends" to
places, regardless of who made the
recommendation. The law requires
that the governor must commission
special judges upon the recommenda
tion of the supreme court.
Special Term for Horry.
Governor Blease said tonight that
he had ordered a special term ofcor
for Horry county, to commence on
April 3. This action. he said, was
taken upon the recommendation of
Solicitor Wells. This special term is
the result of Governor Blease refus
ing to commission a special judge, al
though Chief Justice oJnes, on sever
al occasions stated to him, in letters,
that here were no disengaged circuit
judges and recomended C. P. Quat
OVER 65 YEARS'
Anyone sen1ding a sketch and description may
quieky ir scertainl our opiniton free whecther a:z
intventionT is prohnhiy paitenta.hle. Communica
tions strictly conddential. H AIDfOOK on Patents
sent free. Oldest agency for securing patents.
Patents takenl thrugih Munn & Co. receive
sp,ecial not ice, without charge, in the
Ahandsomely illustrated weekly. Lasrgest cir
enlation of any scietiti~c journal. Ternis. $3 a
year: four months, $1. sold by all newsdealers.
M N&CO361Broaday. Nw Yor
Branch Offce 62 F StL Washingtonl. D. C.
If you do you ne
to supply your nee
the finest lot to sel<
ever been brought i
we are offering th
prices. We also
horses in this lot.
look them over.
you right. Come
buy your mules.
Any man can-go w
forts before he can se
a savings account. I
in time of idleness, e
policy against sickne
for his loved ones in
above alU it is his tes'
but little part in the
It is the man who
he can and saves v
wins. He wins beca
fit. That is the law.
ONE BIG ROU)
will start you on the rc
placed in our Savinigs
by adding more of ti
and every week you'll
worry about the future
OF NEW BE]
Capital - -
JA. MeINTOSH. President.
ed go no further
ds, for we have
act from that has
to Newberry, and
em at the right
have some fine
We invite you to
vVe always treat
to Newberry to
ithout many corn
fely dispense with
t is his paymaster
nd his insurance
ss; it is protection
case of deiah, and
timonial of manly
:and fortune play
drama of modern
wrks every day
vhat he can, who
use he is the most
>ad to success if it's
e same kind each
have no cause to
(R Y, S. C.
J E. NORWOOD, Cashier,
is a very important one, and
you should .give it your best
attention, it should be 'neat,
and above all, sanitary.
We use the best make of
fixtures and our work is guar
H. B. WELLS,
1113 Friend St.
Telephone-Office, No. 345
Res. " 7
"I know what is good
for young and old peo
ple," writes Mrs. Clara
Dykstra, a trained nurse
of South Bellingham,
Wash., "and will say that
I consider Cardui the best
medicine for girls and
women. It makes them
feel like new persons, re
lieves their pain and reg
ulates womanly troubles.
"Both my daughter and I
received great benefit."
The Woman's Tonic
As a medicine for fe
male trouble, no medi
cine you can get has the
old established reputation,
that Cardui has.
Fifty (50) years of suc
cess prove that it has
stood the greatest -of all
tests-the test of TIME.
As a tonic for weak wo
men, Cardui is the best, be-.
cause it is a womnan's tonic.
Pure, gentle, safe, re
liable. r Cardui._ _
often puts opportunity within
A chance for a good invest
ment comes sooner or later and
if you have~ the money the pro
fit is yours; if not, the other fel
low gets it
Open an account with this
bank and save systematically,
you will then have the BEADY
XONEY when opportunity comes
We offer you ABSOLUTE
SAFETY for your savings, and
will allow interest credited quar
BANK OF POMARIA,
Z. T. PINNER, V. L SMITH,
R. HI. IIIPP, Vice-President
DON'T DELAY LONGER
n oidn aour homte with a good
nd your family a2 instrnient.
thl nothili i o inspiring and culti
at4 ie etrai .in fThichildren,
nh1 year of uninterrupted success hete,
ptc weare better pepared thar evr
Writ 'r GNCIi for c.talogs and for
our easy pay ment plan andl prices.
M ALON E'S MUSIC HIOUSE,
C'nU 1BIR SA. J C
NOTICE OF FINAL SETTLEMENT.
Notice is hereby given that the un
dersigned will make final settlement
as Administratrix of the estate of
Mrs. K. H. Cook. deceased. in the
Probate Court for Newberry County,
South Carolina, on Monday, April 10,
1911, at 11 o'clock a. m., and will im
mediately thereafter apply for her
discharge as such administratrix. All
persons indebted to said estate will
make immediate settlement, and all
persons having claims against said
estate will file them forthwith, with
Eugene S. Blease, attorney, Newberry,
MARY E. EPTING,
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. Pelham & Son's.
If I Had. Eczema..
I'd wash it away with that mild.
soothing liquid, D. D. D. Trial bottle,
256. Relieves all kinds of ski, trou
ble, cleansing away the impurities and
clearing up the complexion as noth
ing else can.
Yes. If I had any kind of skin trou
ble I'd use D. D. D.
Gilder & Weeks, Newberry,. S. C.
E. E. Chamberlain, of Clinton, Me.,
boldly accuses Bucklen.'s Arnica Salve
of stealing-the . sting from burns or
scalds-the pain from sores of all
kinds-we distress from boils or
piles. "It robs cuts, corns, bruises,
sprains and injuries of ii. eir terror,"
he says, "as a healing remedy its
equal don't exist." Only 25c at Win
E. Pelham & Son's.
STATE AND COUNTY TAXE.
The time for paying State and coun
ty taxes with .the penalty expires on
the 15th of March. After that date
executions will be placed in the
hands of the sheriff, and settlement
will have to be made with him. Give
this your attention at once.
JNO. L. EPPS,
SKIN AND SCALP TROUBLES
YIELD TO~ ZrMo TEEATXTENT.
A Clean Liquid Preparation for Exter
W. i.. 3ayes' Drug Store is so con
fidient that ZEMO and ZEMO soap used.
together will rid the skin~ or scalp of
infan*t or grown person of pimples,
blackheads, dranmdruff, eczema, priekly
heast,. rasuhes, hives, Ivy poison or any
other form of skin or se,alp eruptio,
that they will give youfr m.oney beck
If you are not entirely stisfled with
the results obtained from the 1160 d
ZEMO and the eoapi
The first application will give -
prompt relief and show an improve
ment and in every instance where us
ed persistently, will destroy the germ
life, leaving the skin in a clean, heal
Sold, and guaranteed by druggists
everywhere and in Newberry by W. G.
Let us show you proof of some re
markable cures made by ZEMO and
give you a 32 pa.ge booklet how to
preserve the skin.
NOTICE OF FINAL SETTLEXENIT. '
Notice is hereby given that I will
make final settlement as guardian of .
the estate of Olin B. Graham in the
office of the probate court for New
berry county on Wednesda'., March 29,
1911, at 11 o'clock in the forenoon,
and immediately thereafter appI_y for
letters dism3issory as guardian of he
said minor, Olin B. Grag~am. 1
SH. S. Graham,
Eczema Cure a Beauty Wash.
Although D. D. D. Prescription
been recog-nized for years as the one
remedy for Eczema, Psoriasis, and all
other forms of skin diseases, it is now
known that there is no other wash,
even those used by the beauty spe
cialists, that can compare with 'this
mild liquid for cleansing the skin of
pimples, blackheads, rash, and all
similar skin affections.1
For this reason alone, a bottle of
D. D. D. should be kept on hand in
every household. A trial 25c. bottls
will show you the merits of this great
remedy as a complexion wash.
D. D. D. seems to remove the cause,
whatever the trouble may be, cleans
ing the skin, anal leavlag it as soft, a
smooth and clear as that of a heal
Get a 25c. bottle today and keep~
in the house.
Gilder & Weekst.