Newspaper Page Text
' The Herald and News
YOLOIE LI., >'OIBER SO. FEWBERRY, S. C., FRIDAY. OCTOBER 10,1913. TWICE A WEEK, $1^0 A TEAS,
COUNTIES CAN'T HAVE
WOULD REQUIRE ACT OF LEUISLATURE
TO DO SO.
L Opinion of Asistant Attorney General
[ Says Counties May Have Conr
Assistant Attorney General Fred.
H. DomLiick rendered an opinion to
day in the matter of the request of
Spartanburg county for the return,
of its convicts to work on the public
roads in that county.
After reviewing the statutes with
regard to the operation of the convicts
at the penitentiary from the various
counties Mr. Dominick concludes:
^ "I am of the opinion that after a
V convict has been once sentenced ana
j committed to the penitentiary he con*
not be returned to the county from
which ^e was sent except by an act
of the general assembly."
However, Mr. Dominick adds:
"In .the absence of such legislation"
the convicts should they be returned,
would have to be supported
by the county and would have to be
paid for at ilie rate of $4 per monm.
I Hon. A. K. Sanders, Chairman, Board
f of Directors State Penitentiary, CDS'
lumbia, S. C.
W Dear Sir: This office is in receipt of
r yours enclosing copy of resolution of
board of county commissioners of
Spartanburg county and formal request
of the supervisor of said county
asking you to turn over all able-bodied
male prisoners now in the State
penitentiary, sentenced from Spartanburg
county, to said county, to be
worked on its chain-gang for the improvement
of public highways and oth?
-???*?nr?\wl7?> oo -n-rnt'ir?Ad hv law for
Ci pUUlJLVy rr ui n.o, uo jjiu.tuv- ?v
W persons convicted and sentenced to
^ chain-gang in said county, and in
which you request an opinion from
this office as to your right to deliver
the said, convicts to said county for
work on the public roads.
Section 947 of the Criminal Code of
- A - ft J
"The penitentiary at Columbia, in
the county of Richland, shall be the
r' general penitentiary and prison of the
State, for the reformation as well as
the punishment of all offenders, in
which shall be securely confined, employed
and governed, in the manner
thereinafter directed, all offenders who
shall have been convicted and sentenced
according to law to the punishment
of solitary imprisonment or eonuue^
ment therein at hard labor."
9 Acts of the general assembly passed
ft subsequent to the section quoted have
provided for the establishment of
count" chaingangs throughout the
V counties, and the sentencing of cerW
tain convicts to work on the chain
gang and public works of the various
MimtiAs nf rhp State. These chain
gang statutes have been variously
amended until the chaingang matter
!has been covered in the act of 1912, j
^ page 554, section one of said act read- '
B ing as follows:
jV "That all able-bodied male convicts
' cViaii hprpafter he sentenced to hard
[labor on the public works of the county
in which convicted, if such county
maintains a chaingang, without regard
to the length of sentence, and
in the alternative to imprisonment
in the county jail or State penitentiary
at hard labor: Provided, That in any
case the presiding judge shall have
the power, by special order, to direct
jt'iat any person convicted before him j
S-e confined in tne siate penueiuuuv Ai
is considered unsafe or unwise for j
such convict to be committed to coun-:
W ty chain gang: Provided, That the pro
visions of this act shall not apply to
I the counry of Greenville: Provided.
I That a separation of tiie sexes and
races be at all times observed, except
V in the penitentiary and on the State
I farm?;, and Kershaw county: Provided,
[further. Should the supervisor or com- |
missioner of any county find that it is j
inconvenient or impracticable to
work any convict committed to ihe
county chaingang, he may turn said
convict over to the penitentiary authorities."
V Section 968 of the Criminal Code of
jt912 refers to the hiring of these con
' ?~ ~ A
S> to tne various counues iu< ruau
>oses, and is as follows:
"he superintendent and directors '
he State penitentiary are hereby
orized and required to hire out
uch of the several counties of
State, as may desire them, all
r^able-bodied male convicts to hard
labor in said institution to work on
the public highways or the sanitary
drainage in said counties as c-in be
spared from the State farms, and departments
connected with the State j
penitentiary, and the convicts sentenced
to hard labor in the State penitentiary
shall not be hired out for
farming purposes, and when hired out
to the counties as aforesaid, the com1
pensation for their services shall be
l at the rate of four dollars per month,
| with board, lodging, clothing and med!
ical attendance: Provided, Tnat noth|
ing herein contained shall apply to
i contracts now of force."
I have set out these various sections
and staaites at length so as to
1 have them clearly before us in the determination
of this matter. From
these it will be seen that up ~o the
passage of the chaingang act all convicts
sentenced to hard labor were to
j be confined in the State Penitentiary.
! After the passage of these statutes,
las finally amended, all co.ivicts with!
/-..it yoo-nrri tr> lpricrfh of sentence were
V/C4W X V* vv^ - ^ ?0
to be sentenced to work in the county
in which they were convicted, leaving
it to the presiding judge, by special
order, to direct that any person
convicted before him be confined in
the State penitentiary, and also authorizing
the supervisor or county
commissioners of the county, in case
it is inconvenient or impracticable to
work any convict on the county chain-1
gang, to turn same over to the penitentiary
From a review of these sections I .
am of the opinion that atter a convict
has once been sentenced and commtted
to the State penitentiary he cannot
be returned to the county from which
he was sent except by act of the general
assembly authorizing such return,
as was done in the case of Lancaster,
Lexington, Saluda and Bam
berg counties by act of 1909, page j
407, or by commutation of the governor
changing the place of imprisonment.
In the absence of such legislation
by the general assembly or in the ab- j
sence of such commutation of sentence j
on the part of the governor, should J
these convicts be returned to Spartanburg
county, they should be paid for
by che said county at the rate of four
dollars per month, with board, lodging,
clothing and medical attendance as is
provided in section 968 above referred
Yours very truly,
Fred. H. Dominick.
Assistant Attorney General.
Under the caption, "Concerning
plays and players," the Sunday News
of the 5th instant, reproduces some
interesting paragraphs of which the
following is one:
"niande G. Greneker, general press
representative of the Shuberts, started
his newspaper career as a reporter in
Charleston, being on the local staff of
this newspaper for several years. Mr.
Greneker belongs to the well-known
Xewberry family of that name. He
has achieved large success as an accelerator
of publicity, having been
chief of the Shubert publicity department
for several seasons. He 'plants'
some ingenious stories from [ime to
A $5.00 gold piece will be given
away at the Theato, old court house
picture show, absolutely free to the
one hoding the lucky number. The
number must be in the house at the
time of the drawing. It will be given j
away Tuesday, October 14, instead of
the date advertised in last issue.
Things That Differ.
Our Monthly, a Presbyterian magazine
published in Clinton, S. C\, says:
"It is a little singular to see Baptists
and Catholics joining hands in trying
to prevent the Bible from public
A very simple explanation can relieve
this of its singularity. Baptists
are not opposed to the reading of the j
Bible in a public school, provided it is j
done voluntarily and in accord with
the wishes of those who send their
children to the school. But Baptists
are opposed to a law requiring the
Bible to be read in the common
* ' - ' 1? Tln'c trnii 1 rl VIA
scnoois oi i-iiu ouuc. j."io
enforcing religion upon people by authority
Catch tlie "Heart Right."
Every now and then we hear favorable
mention of the plan to close the
stores every evening at an earlier
hour than has heretofore been cus
tomary. Begin to get the "heart right"
before a petition is circulated.
Newberry is getting "uppity" as
to cotton receipts? Spartanburg
Journal. She is.
ASKS ADVICE OF W03IEX.
Secretary Houston Writes to Farmers'
Wives.?Wants United States to
Washington, October 3.?Farmers'
wives to the number of 50,000 will receive
through the mail this morning i
a letter from Secretary of Agriculture |
Houston, asking their aid and advice
in matters in which 'the department
r\f Kannfit t r\ tli/im
IIIUJ UKZ SJL U^II^UU cvy mviii.
Not wishing to put the women to
any expense, the department ha:s enclosed
franked and addressed envelopes
to be used in answering rhe inquiries.
It is unlikely that the department
will publish the names of
women answering the request, but
the substance of some of the leaers
will be contained in report to be published
The letter was called forth by the
declaration that farmers' wives have
teen neglected by the department. The
officials request suggestions for improvements
which the department can
Letter to Women on Farms.
The letters sent out are as follows:
T'Virt I^ornrtiinflnt r\f a crriP111111 rP ic ill
A IXC UOpcii tmvm, V/JL w-o* *vv?*vv?. ^
receipt of a letter in which the writer
"The farm woman uas been the most
neglected factor in the rural problem,
and she has been especially neglected
by the national department of agriculture."
This letter was written, no-: by a
woman, but by a broad-minded man,
so thoroughly in touch with the agricultural
and domestic .needs of the
country, that his opinions have great
The department of agriculture certainly
wishes to render directly to the
women of the United States the full
aid and service which their important
place in agricultural production warrants.
Ideas Are Solicited.
Because we believe that these women
themselves are best fitted to tell
the department how it can improve its
service to t'hem, I respectfully request
that you give careful thought to
this matter. Then please communicate
your ideas to me in the enclosed
Your answers may state your own
personal views, or, even better, you
may first discuss the question with
your women neignoors or in your
church societies or women's organizations,
and submit an answer representing
the combined opinions of the
women of your entire community.
You are, of course, at liberty to criticise
freely, but I would especially
urge that you try to make your suggestions
constructive ones, that we
~ ~ ?* AfPArtf All r\f
CcUl dl (JIUJC put 11UU Clld/l. All V/J.
your suggestions will be carefully
read and considered by government
Advice Will be Accepted.
Many of them will be carried out at
once; others as soon as the information
sought can be gathered and the
necessary machinery for its distribution
made ready. Such suggestions as
call for revision of existing laws or
additional legislation will be referred
-? -1-1 ? /-vf fV? a o nn_
10 tne proper uuiiiuiiLLeco ui LUC senate
and the house of representatives.
Answers to this inquiry should
reach me not later than November 15,
1913. All answers should be written
on only one side of the paper, and
should be as concise as it is possible
to make "hem.
In order to serve the women of the
cor.niry the department from time to
time will insert in the weekly issue of
the news letters to official crop correspondents
special paragraphs or special
supplement pages of direct interest
I am not a great grand nephew, but
a great grand son of Sims Brown. My
mistake must have 1)een due to a deviation
or momentary mental aber
ration. Sims Brown's nephews and j
nieces were all m Spar anbury,
Orangeburg, and the State of Texas.
W. C. Brown.
The sweet young thing wa*s being (
shown through the Baldwin locomo- j
"What is that thing?" she asked,
pointing with her dainty parasol.
"That,'' answered the guide, "is an j
She was was an up-to-date young '
lady and at once became interested.
"And why do they boil engines?' she
innniro(1 n <rij 1 n
"To make the engine tender," politely
replied the resourceful guide.?
Pennsylvania Punch Bowl. |
\i:\YS IKOM P03IAKIA.
The School Has Enrollment of .<50,
and Attendance Steadily Increas- j
Special to The Herald and News.
Pomaria, S. C., October 8.?The Pomaria
school has reached the r>0 mark
now and is steadily increasing in the
number of pupils and we hope will
soon be into the sixties. In addition
to the school, Miss Anne Mae Bedenbaugh
has a large music class. Altogether
everything seems to be moving
along beautifully. Messrs. T. A. Setz?
? T m Tr.*? ,1
ler, J110. u. au 11 ana j. i. rvmmu
have been elected trustees to succeed
Messrs. W. S. Seybt, R. H. Hipp and
J. H. Koon.
j Taere was a joint debate at the new
! scaool building Saturday night by the
| Jolly Street and St. Philip's debating
j societies. Subject, Resolved that compulsory
education is better than :he
I present school laws. Both sides
brought out some fine points, and it'
was a pretty hard decision for the
judges to make, but finally decided in
favor of the negative side. Tae speakers
were Messrs. Walter Richardson
' and J. Hugh Livingstone, negative, and
Messrs. Bernard Banks and G. H. Ruff,
affirmative. Mr. Fred F. Livingstone
1 acted as chairman. Excellent music
was furnished by the Pomaria string
band which added much to the occasion.
A large audience was out and
good order prevailed which showed
j they held the attention of all present.
Magistrate A. L. Aull had several
1 negroes before iiim for gambling last
; week, who received a good dose of
! it. The two making their second appearance
were fined double and were
told that each time their fines would
be doubled. This certainly ought to
stop them. Dollars instead of days
Miss Eloise Hipp had the small bone
broken in her right arm while cranking
off their large Oakland car last
week. It was quite painful at the time,
but she is doing fine now and is able
to resume her studies.
There were several hundred bales
Ui US W SUIU UUC lasi n tvn,
which brought a fine price. Also
several carloads of cotton seed were
bought which has put new life in business.
The crops are all reported as
being both late and short this year.
' There will be a box supper here at
the Methodist church for the benefit
of the church next Friday night, beginning
at eight o'clock. Let everybody
come out and enjoy the occasion
which is for a good cause.
Mr. Simeon Shealy has rented a
house from Mr. Jno. B. Bedenbaugh
and will go into the lumber business
with Mr. C. D. Shealy.
Mr. W. S. Seybt, carrier Xo. 1, from
Pomaria, has had about two more
miles added to his route. He now
carries mail to Mr. R. P. Cromer's
place and retraces the same road at
the J110. A. Graham place.
The construction gang for the
Southern Railway company are here
to build a new watering tank which
has been needed for some time, :he
present one having been condemned.
Mr. C. H. Counts has purchased
a tent and an oil stove and will
go on Broad river to hunt and fish
when the hunting season opens.
Messrs. John Boland and Ruff will be
with him part of the time.
Miss Ethel Seybt left on Saturday
for her school in the lower part of the
Miss Francis Kibler, of near Prosperity,
is visiting at Mr. M. E. K.
Glymph's this week.
Mr. Grady Crooks, of Columbia, is
visiting his father, Mr. Jno. J. Crooks
Miss Maude Holly, of Winnsboro, is
visiting at Mr. H. S. Seybts'.
Mrs. L. W. Philips, of Ninety Six, |
Is visiting Mrs. B. M. Setzler.
His Headquarters in Newberry.
Laurens (Advertiser, Sih.
The following invitation will bo of
Mrs. William Thomas Maunrl requests
the honor of your presence at!
the marriage of her daughter, Annie
Leigh, to Mr. Thomas Milton Taylor,
on Thursday morning, October sixteenth,
nineteen hundred and thir- '
tJ^en at eight o'clock, Met'hOdist
church, Columbia, Alabama.
Mr. Taylor is well known in this city
and county. He is a son of Mr. and
Mrs. J. W. Taylor, of Princeton, and :
a brother of Messrs. Charlie, Jeff.,
Arthur and W. L. Taylor, of this city,
He is now travel in 2: representative of 1
the National Biscuit company, with ;
headquarters in Newberry. The brideelect
has been a resident of Columbia,
S. C., for several years and is very
popularly known there.
1'. D. (. Held Meeting and Elect 0 fliers?Personal
Special to The Herald and News.
UrAfiinr-itv Ont Q lit til o rotrnlar
A- X U O t 1 1L^ ) V/ V-' L %J ? |1 1/ bit V/ * V ^ Vt A w* & |
meeting of the U. D. C., the following
officers were elected for the year:
President?Mrs. Geo. W. Harmon.
iVice president?Mrs. J. B. Stockman.
Rec. Secretary?Mrs. C. T. Wyche.
Cor. Secretary?Mrs. Jacob P.
Treasurer?-miss n,rne nci'\h;u>.
Historian?Miss Gertrude Bobb.
Register?Miss Gertrude Bobb.
Mrs. Geo. W. Harmon and Miss
Gertrude Bobb have been elected dele- 1
gates to the convention which meets i
in Edgefield in December.
Rev. S. C. Morris, Messrs. D. M.
Langford and W. C. Dominick attend- j
pri the Weslev Bible class this week j
Prof. J. B. Ballentine will spend the
week-end at his home in Ballentine. '
The W. C. T. U., will meet Tuesday
afternoon, October 14th, with Miss
The Woman's Missionary society of
Wightman chapel met Thursday aftertnoon
with Mrs. S. C. Morris.
| Mr. W. P. B. Harmon, of Epworth,
visited his son, Dr. ueo. vv. narmon
Mrs. Z. W. Bedenbaugh is visiting
frineds in Columbia.
Mr. Jake Dominick has returned to
Kinard after a visit to his sisters, j
Mesdames Fellers and Mitchell.
Mrs. F. W. Schumpert and little j
son, of Kollocks, are spending awhile '
with Mrs. B. B. Schumpert.
Misses Willie Mae Wise and Martha
J Creighton, visited in Little Mountain '
Messrs. J. D. Quattlebaum, A. L.
Bedenbaugh, S. M. and W. L. Mathis
attended court in Saluda this week.
Mrs. D. E. Ridgell and little daughter
Christine, have returned to Jacksonville,
after spending tue summer
with Mr. and Mrs. W. A. Moseley.
Mrs. E. C. Lewis, of Anderson, is
the guest of Mrs. S. C. Morris.
Mr. Byrd Gibson, of McFeat Busi- '
ness college is home for a few days.
Mr. X. J. Wise was a business visitor
in Columbia Thursday.
Mrs. J. I. Bedenbaugh and little
daughter, Frances, and Miss Annie
Wheeler spent Thursday in Xewberry.,
A public missionary meeting will
be held in Grace church Sunday night,
led by Mrs. J. D. Quattlebaum. Specal
music and an interesting program
| will be rendered.
Gather at Kind's Mountain Celebra
tion.?"Victory of Peace.''
King's Mountain, X. C., Oct. 7.?
Decidedly more people than 'have .
ever been seen in King's Mountain
since the memorable battle of 133
years ago today gathered to celebrate
the anniversary.* Various estimates
have been heard as to the number
in attendance, but it is certain that '
there were not less than 20,000 people
here throughout the day and it is
probable thac 30,000 heard an. address
of William Jennings Bryan, secretary
of State. Mr. Bryan was the
drawing card of the day, and his
presence here was responsible for
lororo nnmhor in attendance. The
1/U.C iai gg uuuiuu*
failure of Gov. Hooper of Tennessee i
and Gov. .Craig of North Carolina, to
be present caused no little disappointment
as did the absence of Senator
Lee S. Overman and Secretary
The early part of the day's exercises
began with the parade over one
mile . length, headed by the Seventeenth
infantry band, U. S. A., of Fort
McPherson, Ga., followed by a car- |.
riage in which was seated Mr. Bryan,
ocpnrf-pri hv R Y Webb, congressman .
from the ninth congressional disirict
of Xorth Carolina. Immediately following
the carriage bearing the secretary
came the floats representing the
13 original colonies, in each of which j
was a young woman representing a
colony. Xorth Carolina led with her i;
Sister State, South Carolina, immediately
in the rear. Behind these came
the floats representing the present 52
States, filled with little girls gaily '
attired in the national colors.
At the grounds the ceremonies i
innc-f The sneaker i
TV CI C aivot iui,v*\/wv*?0. A
of the day was introduced by Yates
Webb, while Max Gardner presided
as master of ceremonies. The secretary
was in excellent form and de- ;
livered a splendid address, made up
of several of his best efforts together
with much original matter. It was
pronounced bv all who heard it to be
HANGS IN BALANCE
BOARD ABANDONS PLAN FOR
Attorney General s Office Holds Proposed
Contract With Penitentiary
Columbia, Occ. S.?Acting in accordance
with a ruling by Assistant Attorney
General Dominick, the board of
directors yesterday decided to abandon
the plan to use the 'convicts of
the penitentiary in the manufacture
of chairs and furniture. The assistant
attorney general ruled that under the
act abolishing the hosiery mill, the
directors had no right to make a new
contract with any one. The assistant
attorney general said he would today
render an opinion as to the right of
the counties to ask for their prisoners
to be used on the roads. An opinion
on this question was requested by the
board of directors several weeks ago.
The matter will be decided at a meeting
of the board this morning.
Several weeks ago the board of directors
met in Columbia and decided
to use the convicts now employed in
the hosiery mill at the penitentiary
in the manufacture of chairs. A D.
Martin of Frankport, Ky., submitted
a contract to act as selling agent f.r
the penitentiary. When this contract
was submitted to +he attorney general
he raised objec-t.on and refused
to indorse it.
Yesterday the board held a conference
with the attorney general at the
BOUND UP OF COCAINE TENDERS.
Sheriff Owimgs and Other Officers Arrested
Three Negroes in Clinton
for Transporting Cocaine, ^
?? . 'i !
Laurens Advertiser. ~ ; 4
Three negroes have been lodged in
the county jail by Sheriff Owings on
the charge of transporting cocaine,
'hovin.o' hoon arroctoH in Plintnn
after a systematic plan had been carried
our by the sheriff, Deputy Reid
and Chief Mason of Clinton, to entrap
them in the nefarious traffic. The negroes
arested were Arthur Garj\(
Robert Hill and Nathan Williams.
The arrests were made after the negroes
had taken several shipments of
cocainf from the post office. The sheriff's
office got wind of the expected
shipment and laid nets to catch the
r* J s\r\r* "D1 Or> C Allt Q O DY
V/UIIOi^ULCCO. X ia.ULO "V/1 XVV.U vuw Wfckj
pected and the negroes were caught
with the goods on them. They had
in their possession enough of the dope
to kill quite a number of people.
Mr. Wilkins was near the exploding
point when his neighbor met him on
i<rFVi r\ 4- mon HP r\ " V? a "hi i rc f
JLiiao iiia.li i uiii;;n.ino, nv uiaawv
out, "has more nerve taan any one I
"Why?" asked the neighbor, curiously.
"He came over to my house last
evening and borrowed my gun to kill
a dog that kept him awake nights."
"Well, what of that?"
"Wihy" shouted Mr. Wilkins, "it
was my dog he killed!"?Ladies Home
a gem of oratory and logic. 0n<; of
the most striking statements made by
the secretary of State was his prediction
that at an early date the
present system of nominating candidates
for president by convention
would be abolished and the system
similar to the direct election of senators
would be adopted, by which
the people would have a direct voice
in the choice of the man for the
chief office of the nation.
"" ~ - ? J
Mr. Jtsryan. naa announceu as ue
subject of his address "The Victory
of Peace" and the entire efforc largely
followed out this line, the speaker
urging education and prohibition as
f wo of the greatest necessary factors
in building up a great country.
The day came to a close tonight
*? ? V> ?- rlicnl'i v* nf firewnrlfc
Willi CI 11 id 111 ill Ui XI uiofnu; vi mi
and a splendid band concert by ihe
army band; during the afternoon
there had been numerous athletic
events, including an automobile
race and hill climb. Directly after
the address was finished Mr. and Mrs.
Bryan were guests of Congressman
"Webb at lunchen at the Mountalin
View hotel, following which they departed
in Dr. E. F. Bell's automobile
for Spartanburg, where the secretary
sDends tonisht as the suest of
John Gary Evans. They were accompanied
on the trip by John F. Floyd,
mayor-elect of Spartanburg, and Mrs.