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YOLTUrE L, jfohbeb 46. IfEWBEBBY, south CABOLIKA, FBIDAY, JOE J. 1912. twice a week, ilm a teas.
Under the Cow
COURT SUSTAINS HIS CONTENTION
ALL ALONG, SAYS GOVERNOR.
In Line With Decision, He Says He
Will >'ow Proceed Under Section
When asked by The Herald and
News on Thursday if he had anything
to say in regard to the decision of the
onT\T-omo rw-uirt. in thp Snartanbursr
magistrates' case, ousting all the
claimants, and declaring vacancies in
the contested offices (a synopsis of
V this opinion of the court appearing in
The Herald and News today), Governor
Blease said the decision of the
court sustained the contention that he
"had made, and that under the decision
lie would proceed, under Section 683 of
the new Code of Laws of 1912, to fill
the vacancies in these offices.
The decision of the court held that
the recess appointments were proper
by the governor, and that his recess
appointees held and were the legal
magistrates until the next ensuing
session of the senate, and the senate
having failed to connrm tnem tney
were no longer magistrates after the
adjournment of the general assembly <
v of 1912.
In. declaring the offices vacant at
this time, it is now the right and duty '
of the governor to make recess appointments,
and his appointees hold (
- ? -1 <. ? - e ii, ?
umil tne next session vi uuc gcuciai
assembly. The decision holds squarely
that the old magistrates the gover- :
nor refused to reappoint, who continued
to claim the office, v/ere no
longer magistrates after the adjournment
of the general assembly of 1911, ;
when their terms expired. The ap- :
pointees of Governor Blease, says the ]
decision, then properly held until the ;
adjournment of the general assembly <
of 1912. !
The decision of the court having declared
the vacancies which existed in 1
k the offices, Governor Blease said that, 3
in line with the decision and with his <
' contention allalong, he would now pro- !
ceed under Section 683 of the Code, '
? which provides: '
"The governor, by and with the advice
and consent of the senate, shall ]
oppoint the following officers:
"County Auditors. '
"County Treasurers. '
(Other officers are here named also).
"Any vacancies which may happen 1
in any of the said offices during the [
recess of the senate may be filled by
the governor, who shall report the appointments
to the senate at its next
-session, and if the senate do not advise
and consent thereto at such session,
the office shall be vacant."
Governor Blease said he was busy '
with the work of his office. He confimxir}
rr\ varioivo tho mrvct onr>nnrap-inp
reports from every section of the
""State, he said. He will go to Swansea
on Saturday to deliver an address.
The Man and the Bfe.
"That get-rich-quick man is as busy j
as a bee." 4
"Yes," replied Mr. Cumrox. "He's <
, one of those busy bees who can't ;
manage to gather honey without in- ;
cidentally stinging somebody."?
One of the strangest things in this
world is how willing a girl who can't
swim is to embark on the sea of matrimony
without a lifeboat.?Galveston
Prize Steers Not Good Meat.
The meat of more than one prize
steer has proved disappointing in the
eating, though fine to look at. In the
development of the animal for compeL
, tition his flesh is sometimes, if not
* always, seamed with small veins of
fat which are dilated by cooking into
tough strings. Hence, the range-fed
steer, not nursed into prominence, affords
the better steak or roast
7/ Now Appoint
mmnnur nnivnT attptp
murium tuuKi uuaia
BOTH SETS CLAIMANTS
CREATES VACANCIES IN MAGISTRATE'S
ffoiwWs Derision in Celebrated Case.
Ousting the Hold-Overs and the
Columbia, June 5.?By ousting, by
the supreme court, of both sets of
claimants to the offices of magistrate
in SpartanDurg couniy, mai couui.v 12,
now without a magistrate. The supreme
court this afternoon handed a
decision, ousting both the hold-over
claimants and the Blease appointees
to the offices of magistrate in Spartanburg
county. The ones which held
over were recommended for appoint
~ ?* c/N?o t/x /N-, +V? A loC?4- V /\f
Ill^IIL uy tuc UII inc. iaoi u?/ v*
the session this year, when the governor
refused to submit his list of appointees.
The supreme court, in a decision by
Justice Watts and concurred in by the
entire court, ousted J. M. Bowden and
A. H. Kirby, S. S. Tiner, D. T. Gossett,
T. C. Fowler and W. C. Harrison, W.
R. Tanner and T. Potter from the of
fices of magistrate in Spartanburg
county, declaring, "it is judged that
each of the defendants herein are guilty
of usurping and intruding into, and
are unlawfully holding and exercising
the offices of magistrate in Spartanburg
county, and it is the judgment
of this court that the defendants be
excluded from the offices of magistrate
and that the plaintiff recover costs
against each of them."
The situation is set forth in the following
excerp from the opinion: "It
will be seen that A. H. Kirby was appointed
magistrate on February 5,
1909, and February 8, 1909, his appointment
was confirmed by the senate.
J. M. Bowden was appointed and
commissioned by the governor to this
same office on February 22, 1911; D.
r. Gossett was appointed magistrate
>n February 5, 1909, and his appointment
confirmed by the senate February
8, 1909, and on February 22, 1911,
3. S. Tiner was appointed by the governor
and commissioned to the same
office; E. Potter was appointed magistrate
on February 8, 1909, and his ap- ;
Kir tVi a p?
?cic> v,v/iixn uj tuc ocruate.
On February 28, 1911, W. R. Tanner
was appointed and commissioned
dv the governor to the same office. On
February 19, 1910, W. C. Harrison
was appointed a magistrate to fill out
:he unexpired term of R. L. Pearson,
resigned, and commissioned as such
3n March 4, 1910, and on February
11, 1911, T. C. Fowler was appointed
md commissioned as magistrate for ,
:he same office. It was conceded at
:he hearing that Bowden, Tiner, Tantier
and Fowler's appointments had
never been confirmed bv the senate,
and that the legislature had adjourned
and was not in session after their appointments
until 1912. There is 110
evidence that Harrison's appointment
was confirmed by the senate."
By the quotations above as the law
and an application of facts thereto,
says the opinion, Kirby, Gossett and
Potter being appointed by the governor*
and confirmed by the senate in
1909, held office until the adjournment
Df the general assembly in 1911. Harrison
having been appointed in 1910
t'or an unexpired term, and his appointment
being a recess appointment,
held until the adjournment of the
general assembly in 1911. There being
a vacancy in the offices, the governor
appointed Bowden, Tiner, Tanner
and Fowler to these offices, and they
were commissioned and were entitled
to hold and enjoy the offices until the
general assembly met and their names
sent to the senate for approval and
The senate having failed to confirm
them, they were no longer magistrates
after the adjournment, of the general
assembly in 1912. Since February 28,
1911, Gossett has wrongfully held the
office of magistrate. Since February
28, 1911, Potter has wrongfully held
the office of magistrate. Since Feb
ruary 27, 1911, Harrison has wrongfully
held the office of magistrate.
Since February 28, 1911, Kirby has
n*rA?nrfiillv Vt aM a a rvf roofyic
ry i VI151 u ix j uuiu cue, uuiv/t- vl aia^|
trate. Since the time in 1912 that the
:senate refused to confirm the appointments
made by he governor, of Bowden,
Tiner, Tanner and Fowler they
have wrongfully held the office of
The court orders all the defendants
to be ousted and costs assessed against
them. The ousting proceedings were
brought by Attorney General Lyon.
who asked that Governor Blease's ap-'
pointees be ousted and fined $2,000
for illegally holding the office of magistrate,
and that the others be held to
be the legal magistrates.
CHARMING MUSIC RECITAL
OF MRS. BROWNE'S CLASS
Other Prosperity Social Affairs?Personal
Mention?A Fine Tomato
Prosperity, June 6.?One of the most
entertaining and looked-forward-to affairs
of the school world in Prosperity
occurred Tuesday evening, when Mrs.
J. Frank Browne gave her 11th annual
musical recnai at uie auaiiunum.
Mrs. Browne's sbhool is modelled
along the lines of the famous Virgil
Clavier method, and her nearly half
a hundred girls and boys acquitted
themselves creditably in every sense
of the word.
Th? scene presented by the bevy of
handsomely gowned young ladies and
rv> rk O fhfttr confy in
UctilltJ wee 111&1U.O fw tuoj oau5 ax*
chorus or played solos and manyhands
pieces was a most pleasure-giving
one. The selections were choices
and appealed to the large audience of
parents and friends, many of whom
had come long distances to be present.
The joys of the evening were aug- ,
mented by the vocal duet rendered by
Misses Groseclose and Moseley. The
touch and technique of the students
were remarkable, for clearness and
firmness, and they displayed unusual
sympathy and understanding for their
? (too TVi a A of Kv little "R T-Tflf
a5CO. 1 nv uuv.1, v/j iiuuv xvvwwvu
mon and Elizabeth Browne, and solo
by Little Ruth Stockman, three tots
not yet in school, were features of the
program, and the renditions by the ]
older girls would have done credit to
a conservatory. j
The following unique invitations ]
proved a marked success and all report
a jolly time: <
Come to the Lutheran children's mis- ^
sionary society's party on Mr. J. D.
Quattlebaum's lawn, Thursday at fourforty.
A penny for each letter in !
your name we ask, and to make you ;
laugh, play and eat will be our task.
Your correspondent was the reci- 1
pient Friday of a large tomato, the '
first one pulled from the flourishing 1
vines of Mr. A. G. Wise. Mr. Wise's
tomatoes would do a July garden '
proud, not to say a May one. They
are well worth going to see, many of 1
the clusters having more than a dozen
on them, and giving promise of many J
luscious appetizers during the trying
a ays 01 summer.
Miss Ruby Wheeler is visiting
friends in Newberry.
Mrs. I. S. Caldwell and son, Erskine, ;
and Miss Kathleen Bell, left Wednesday
for Staunton, Va., to spend th$
Miss Mazie Suber, of Peak, has been 1
visiting: Mrs. Elvira Kibler.
Little Miss Colie Blease, of Newberry,
spent Wednesday with Little
Rebecca Harmon and Elizabeth Brown.
Dr. M. S. Dantzler, of Elloree, has
accepted the position of pharmacist
for the Prosperity Drug company.
Miss Clara Brown, of Due West Female
college, reached home Thursday.
Mr. H. J. Raw! has returned from
Rock Hill, where he has been attending
commencement of Winthrop college.
Miss Isoline Wyche has arrived
home for the summer from Athens,
Ga., where she has been teaching for
the past two sessions.
Mr. and Mrs. A. G. Wise were shoppers
in Columbia Tuesday.
Miss Eoline Monts has returned
home, after having spent the past ses
sion in school at L.yons, (ia.
Miss Minnie Hentz, of Pomaria, is
the guest of Miss Julia Schumpert. j
Mrs. Geo. W. Harmon has returned i
home from a visft to Atlanta and
Miss Lena Lester, of the Columbia
hospital, spent the week-end with her
parents, Mr. and Mrs. A. M. Lester.
Mr. Ralph Baker, of Greenwood, is
visiting his aunt,-Mrs*. E. W. Werts.
Mrs. J. L. May and cnnaren, ana
Miss Doris Kohn leave today for a
month's stay with relatives in Sabot,
Mrs. P. L. Langford has returned
Mr. S. D. Duncan, after spending
several days here, has returned to
his home in Greenwood, accompanied
by his father, Mr. Geo. A. Duncan.
Mrs. T. F. Littlejohn and Miss Edna
Fellers spent Monday in Newberry.
Little Rebecca Harmon spent the
week-end at Ninety Six with her
grandparents, Mr. and Mrs. W. P. B.
Mesdames Ella Bedenbaugh and
Beatrice Hope were visitors in town
Chief of Police J. C. Duncan has
moved his family here from Blacksburg,
and are occupying the house just
vacated by Mr. Joe B. Hartman.
Mesdames G. Y. Hunter, Elizabeth (
DeWalt and Miss Mary DeWalt Hunter
have returned from a short stay
Mr. W. B. Wise, of Little Mountain, j
is spending .a few days here with rel
atives. . I
Prof, and Mrs. G. T. Pugh, and chil- ?
dren, of Columbia, are guests of Mr.
R. T. Pugh.
Mrs. Orland Leaphart, of Columbia,
is visiting her parents, Mr. and Mrs. .
L. G. Wise.
Mrs. T. A. Dominick spent Monday
Misses Davis and Connelly spent
the week-end with Miss Marie Counts,
of Route No. 3. ' ^
Mr. E. Y. Morris, of Newberry, has
been visiting his mother, Mrs. Eliza- ;
Mr. B. T. Barnes and Pat Mitchell *
are home from Wofford college. !
Miss Mary Connelly is attending the 1
ladies' missionary convention of the ?
Methodist church, which meets at ?
Plum Branch. *
Mr. Godfrey Harman, Jr., is home !
from Trinity college, Durham, N. C. *
Miss Minnie Boyd Brown is attend- *
ins the commencement of Due West <
Female college this week. , 3
Mr. Kenneth Kreps has returned to s
Columbia, after ? short visit to Mr. (
Robert Counts. I
Dr. 0. B. Simpson will lead the ?
Young People's meeting, which meets t
Sunday morning at 10 o'clock in Grace
Lutheran church. t
Mrs. J. C. Schumpert. will be the ^
hostess for the Literary Sorosis, which 1
meets this afternoon at 5 o'clock: at s
the home of Mrs. F. E. Schumpert. T
rhe following program will be ob- ?
"Tne arust Deiongs to uis wurn, uoi Lhe
work to the artist"?Noralis. ?
"The Faun of the Renaisance"?Ar- 1
reggie?Mrs. Hunter. I
Legend, St. Sebastian?Mrs. Cald- 1
Picture study, Holy Night?Miss (
Comparison, Mystic Marriage of *
Saint Catherine, with Michael Angelo's *
Toramiah Plnh XTicc Rnhh (
Legend, St. Catherine?Mrs. Morris. (
Decline of Art in Italy?Miss Lang- <
Current events?Mrs. Quattlebau.m.
Deatli of Aged \egro. ]
Christian Greenwood, a very old <
colored woman, died at Helena on t
Mondav afternoon. She was 92 years i
old, and had lived practically all of i
those years in the saL?e neighborhood, t
She formerly belonged to the late Dr.
Peter Moon. She was the mother of
13 children, only four uf whom are living.
Tom Greenwood, of Newberry,
and Dock Greenwood, <.f Helena, are
her sons. There are nii.fr living grandchildren
of the deceased and 34 greatgrandchildren,
one of her grandchildren
being Curtis Greenwood, fireman
Husband of Militant Suffragette (to ]
his secretary)?Take this note around ,
to ray wife, -please.
Secretary?Certainly, sir. At which ,
er-jail is she stopping??Harper's
High School E:
End Fine (
SPLENDID ADDRESS BY
DR. HOWARD LEE JONES
A FINE PRESENTATION OF A
"Keep Sweet, and in Good Health, and
Outlive Your Competitors," Was
The address of Dr. Howard Lee
Jones, of the Citadel Square Baptist
church, Charleston, on the occasion of
the graduating exercises of the Newberry
high school on Tuesday evening,
was a magnificent presentation of
a timely subject.
He said the text which he wanted to
give the class was: "Keep sweet, and
in good health, and outlive your competitors."
He liked this text, he said. To be- j
gin with, it recognized the enmities
of life, and one's enmities were as
important as one's friendships, f'l
want you to be so large that no enemycan
hurt you," he told the class. "Be!
bigger than anybody who shall try to
be better than you. I appeal to you to
be bigger than anybody who shall be
30 small as to try to do you harm."
"I like this text," he continued, "because
it tells you how to do the thing it
iirects. Keep in good health. There
is not a power we possess that is not a
mightier power if we have good health.
Keep in good health, is a very wise
md sane admonition." The body, he
said, is the temple of the living God,
* - _ 121 A.
tor a spirit in ins nuejuess iu uhcu.
The other admonition was to keep
sweet. "The greatest thing in the
warfare of life, in many respects, is
Jie gift of being able to keep sweet,
tt is a business asset Your grouchy
business man losfcs every year by his
grouches. The man who can keep
sweet is the man who has an asset
:hat is most valuable. Don't you beieve
for one minute that it is going to
lelp you to go about telling hard-luck
stories. Don't believe for one minute
;hat you are going to be popular,
roung ladies, by whining. There are
;ame people who have, I believe, poor,
iiseased bodies for the natural dejravity
that is within them which
lictates their telling everybody about
heir particular form of complaint."
"He is a poor business man," said
.he speaker, "who doesn't know the
ralue of a smile; he is a poor business
nan' who doesn't know the value of
sunniness, and the escape from that
vorry which is the friction that wears
iway life. But I have got to remem
>er," be said, "there are just two boys
n this class. Young ladies, keep
sweet. Oh, the gift of sweetening the
elationships of life. We need some
>eople in this world of ours who shall
enow the value of sweetness. I trust
:hat this graduating class shall sweeten
the temper of Newberry so that
>ome of these folks here that don't
snow how, and let all the milk of
luman kindness within them turn to
ilabber this hot weather, will just be
changed, in spite of themselves, because
of the good humor and the sunny
;emper of this class.
"It is a good religion to keep sweet.
[ don't know why it is, but some peo
?le have thought that sourness was
saiiitliness. I don't know how it is
:hat we have had an idea that a man ;
nust tie his face in a double bow knot
before he could be religious." Chrte:ianity,
he said, ought to act upon this
>ld world ;ike a gleam of March sunshine
drawing the frost out of the
jarth. But as we have organized
Christianity and lived it these centur
- . i i . i?
es, it has been entirely possiuie ior a
nan to be morose and unkind and sour
md yet stand up as conspicuously in
:ke church of God as a stalk of mullein
in a pasture or as two sun flowers
in a bank of American Beauties. "It
Dught not to be so," he said. "I tell
ron that a Christian, if he is worth
mything to this world of ours, is one j
svho radiates sweetness and light."
The speaker told of a little park in j
N'ew York where he had sat down one I
(CONTINUED OX PAGE 3.)
FIRST HONOR GRADUATE TAKES
, TWO GOLD MEDALS.
Happy Exercises by Grammar SchooL
Henry Rikard Wins Medal?Scholarly
The graduating exercises of the
Newberry high school, held in the
opera house on Tuesday evening,
brought to a fitting close the most elaborate
and the most successful commencement
in the history of Newberry's
The opera house was crowded with
an interested and appreciative audience;
the exercises were highly creditable;
there was a fine address by Dr.
Howard Lee Jones, of Charleston; the
medals were happily presented;
there was inspiring music by the Newberry
concert band; there was a wilderness
of flowers for the "two sunflowers
and the eighteen American
Beauties" who graduated; there was
a wagon load of candy and otber
presents for them; and the whole occasion
was a fine success.
James Campsen Kinard, the first
honor graduate, received both gold
medals offered in the high school?
the utto Kiettner scnoiarsnip meaai
and the I. H. Hunt history medal. For
the scholarship medal James Lance
Swindler, the second honor graduate,
pushed him close, and for the history
medal Miss Trent Keitt came within
one-half of one per cent, of his mark.
On Monday evening the scholarship
medal for the grammar schools was
presented to Henry Rikard, with honorable
mention to Kathryn Harms, and
little Miss Harms, for the fine mark
whifh shp madp. was nresented with
a gold locket, the gift of the principal
of the Pope school and the teacher of
the seventh grade, Misses Mary Carwile
Burton and Pearl Yrest.
The high school graduates, with
their averages, were:
James Campsen Kinard, "Maxima
cum laude"; James Lance Swindler,
"Maxima cum laude"*; Florence Morris;
Mamie E. Paysinger, "Cum
laude"**; Margaret Elizabeth Mc
Crackin; Ruth Louise McCrackin;
Bessie Anita Lake; Moriet Eloise
Hayes; Annie Elizabeth Jacobs; Lois
Lucile Hipp, "Maxima cum laude"*;
Marion Webster Jones, "Maxima cum
laude"*; Annie Kibler, "Cum laude"**;
Clara Bowers; Estell Caldwell; Cora
V. Mayer; Kate Neel Neel, "Cum
laude"**; Alice Cannon, "Magna cum
laude"***; Sophia Rose Herbert, "Cum
laude"**; Sarah Simmons; Nancy
Werts, "Maxima cum laude"*.
"Mamima cum laude"*?Yearly
average of 95-100 per cent.
"Magna cum lauae"**#?Yearly average
of 93-95 per 'cent.
"Cum laude"**?Yearly average of
90-93 per cent
The exercises were opened with
prayer by Dr. J. Henry Harms, and
the salutatory was delivered by the
sccond honor graduate, James Lance
Swindler. This young man had a
- * ? T ?n f r? f V? /s rtlirf
vvtJXI-JJi cyai cu j, aiiu uc uciivered
it with marked ease and grace.
He designated the two boys and
eighteen girls of his class as "two
sun-flowers and eighteen American
Beauty roses," and this happy designation
was taken by the speakers of
the evening and ran through the whole
Hon. Otto Klettner, chairman of the
board of trustees, in his introductory
remarks, paid a high, tribute to the
superintendent, principals and teachers
of the schools. He reviewed briefly
the condition of the school and congratulated
the people of Newberry upon
the magnificent equipment He
thanked Mrs. James A. Burton for her
i * ? . i? i ? li r\ - i_
presentation, in .oenau ui me jjaupnters
of the Confederacy, of the first
picture for the high school, saying
that he knew when she madfc this presentation
others would soon do like