Newspaper Page Text
LIII, M1BEB 17 NEWBEREY, S. 0? TTESDAY, MARCH 30, 19T>. WEEK, si.:,0
Fire Fiend Sw
TWFMY TWO BUILDINGS
BURNED IN TWO HOURS
I OSS ABOUT $25,000, With Only
Greatest Loss Is Residence of W. A.
itfoseley?Good Work Done to
Save Balance of Town.
Special to The Herald and News.
Prosperity, March 29.?Last Friday
afternoon about 1 o'clock the alarm of
fire was given and it was discovered
that one of the warehouses on the
C., N. and L. railroad, near the station,
was burning. From ttfis point
the fire spread rapidly until it reacted
the stores on upper Wain street. All
the buildings in this upper portion of
the town were burned except two or
A three small huts. All of the burned
were constructed of wood
7V"" - except
three concrete stores. The C.
N. and L. depot cauglnt fire, but was
sa/ved by some persons stationed at
that point. The best work of the day
was done when the flames reached the
lower or the main business portion o!
M the town. This portion of the tow*n is ;
H composed of brick buildings. It seemed j
mm impossible to keep tf:e store occupied
^ by A. iN. Crosson from burning, but i
with blankets and plenty of water and
the iheroic work of the great crowd of |
people who gathered the flames were
conquered at this point. Possibly one
of the greatest losses of the fire was
the destruction of tfc-e handsome resi<lenoe
of Mr. W. A. Moseley. Every
effort was made to save this beautiful
Some, but the flames fairly devoured
this building. The following losses
Two freight box cars loaded with
? * ? -i ? J *1 cnn
Four warenouses. vaiueu at <?.?.,wv. ,
T. A. Domonick, fertilizer, $350.
S. J. Kohn, fertilizer and automobile,
B. L. Miller, fertilizer, $200.
Morris Fertilizer company, Atlanta,
Ga., $300. i
A. 'H. Hawkins, fertilizer, $400.
W. G. Mitchell, grocer, $500.
G. W. Morris, groceer, $400.
O. W. Amick, shoe shop, $150.
W. L. 'Mathis, grocer, $2,500.
E. A. Oatmis, .grocer and undertaker.
W. jL. DommirV, grocer, $450.
- * ? -'XU ?J!TA
A. L. BedeSHMKBgn, HWCKemuu, #tuv.
X D. Hunt and Dr. 5. I. Bedenbaugh,
Besides- ?bese iosses, the following
fSitfrtdu&ls lost as follows:
G. C. Fellers, warehouse, $200.
Th$?id JUeste^building, $200.
Dr. E. fWEttrter, two buildings. $300.
Dr. G. Y. Hunter, three stores, one
^ -shop, one garage, $3,000.
S. D. Djincan, three stores (vacant)
Godfrey Harmon, one store, $500.
N. L. Black, one store, $400.
A. G. Wise, old school house and
f contents, one warehouse, $2,000.
f Telephone company, $1 200.
W. A Moseley, dwelling, $5,000.
' These estimates make a total loss
of $22,000. Only two of all these losers
carried insurance, Messrs W. A.
Moseley $2,200 and E. A. Counts $800.
b The fire is supposed to have caught
I irom a passing train on the C., X. and
j The people of Prosperity feel under
f obligations to Sheriff Cannon Blease
and his ti':ree assistants for the tbelp
rendered during the disastrous fire.
They came not to look, but pulled off
their coats and went to work with all
their might. In fact it is a pleasure
for your correspondent to state that
th-e people from the surrounding country
came and rendered valuable assistance.
Even the women joined t?e
After the fire was over the little
; 9-year-old son of ?Mr. Jacob Shirey
was found to be missing, which caused
a great deal of excitement and concern,
as it was feared he had been
'UUin^U up. 4%.vV A? -
iag ite was found by Rural Policeman
r Taylor at Mr. Will Wise's home, about
nine miles below Prosperity.
Of exceptional liigh class was the
entertainment given by the FWbfford
y College Glee club in the city hall Saturday
The people of Prosperity were further
favored on Sunday morning at
Grace church by several selections
: rendered by t.'.ese accommodating
| Wofford boys.
Sunday night they again favored the
j d urch-goers at the A. R. P. church,
i where the pastor, Rev. Xabers, lectured
to the young people.
A district conference of officers of
Lutheran churches will convene here
April 2, at Grace church. Dinner will
I be served on the ground.
Mr. Wm. Seel of Columbia, spent
Sunday with Mrs. A. G. Wise
Mrs. J. A. Hunt and i. er little daughter,
Avice, of Millen. Ga., are spending
' * - i.'J ?AT? ^ ~ J
me easier nouuays wuu aix. <uiu .vho.
Mrs. B. B. Schumpert.
Miss Clara Brown, of Little Mountain,
spent the week-end wit'.i her parents,
Mr. and 'Mrs. G. D. Brown.
Miss Ellen Werts has returned from
a short visit to her sister, Mrs. J. B.
Bedenbaugh, of Pomaria.
Mrs. J. S. "WLeeler is visiting her
mother in Winnsboro.
Mrs. Joe. B. Hartman spent several
days last week in Little Mountain and
Mr. Johnnie Langford, of Wofford
college, is home for a few days.
Mr. Cecil Wyche, of Spartanburg,
spent Saturday ana sunaay wiuu ms
parents, Dr. and Mrs. C. T. Wvche.
Ne^ro Woman Bnrned
Special to The Herald and News.
Prosperity, arch 29.?-About 3 o'ciock
t! is afternoon, Mary Derrick, an old
colored woman who lived in a house
on Mr. Ambrose Dominick's place,
about two miles from town, caught
her- clothing on fire from the fireplace
and jumped in the bed to smot)':er t;be
fire. She was badly burned and it is
probable she will not recover. There
were several children in the house
with her, who gave the alarm and the
j rouse was saved.
MAY BE RAISED
Body Believed to Be Lost Boat is
Only an Old Anchor?Effort is
Honolulu, March 28?Hope of raising
the United States submarine F-4,
submerged outside the harbor since
Thursday morning, was revived again
tonight when vessels engaged in the
rescue work reported they finally had
lrw^a + orl miccin o- /M-aft in uM'taVi 91
persons are believed to have perished.
(Three day's search for the lost
submarine has resulted only in unfulfilled
hopes. Divers who went (town
the two cables thought to have been
attac&ed to the submarine found the
heavy body was an old anchor, probably
lost by the battleship Oregon.
The water is so deep at the point
wfiere the F-4 is said to have disappeared
that navy officers asserted today
without diving apparatus which
would permit men to go down 300 reel,
the task of locating the craft and lifting
it, if it is found, will present great
|W. C. Parks, a civil engineer, has
started construction of an immense
diving bell, a 540-inch cast pipe, seven
feet in height, fitted with a plate glass
port, wf:ich is expected to be ready
for duty by noon tomorrow.
BI KTS TO SUCCEED
LYON AS SHERIFF
Mr. R. M. Burts, of Donalds, a farmOr*
Woe Af A KVvnrilln
ayyviuttu xu vjl rxuu^viii^
county by the governor on Thursday,
vice C. J. Lyon, who had resigned to
become marchal of the newly created
westtern federal district of SoutJh Carolina.
Mr. Burts was not an applicant for
the place. He is a brother to the Rev.
Charles E. Burts, D. D., pastor of the
First Baptist cfburch, Columbia. Another
brother is R. Clyde Burts, superintendent
of the public schools of
Rock (Hill. His father, tJ':e Rev. R.
W. Burts, was for many years a Baptist
minister. The family is of Ger
man origin and has long been settled
in upper South Carolina.
B. H. Anderson.
R. H. Anderson has a page this week
to tell about the great sale that is
going on at his dry goods emporium.
He is offering bargain in fresh up-tothe-minute
goods and asks you to come
and inspect his stock and his prices.
ATTOKNKY (JKNKKAL FI NNISHES j
OPINION TO DEPUTY.
Peace Officers Are Not PrniJegred to
Examine Record of Common Carriers?No
In an opinion given yesterday, Tlios. i
H. Peeples, attorney general, deals
wit'.:' some of the questions involved in
the enforcement of the "gal!on-amonth"
whiskey shipment law. The
attorney general 1 olds that sheriffs or
other peace officers have nc. right under
the law to examine the books of
common carriers, since the dispensary
law containing this provision was declared
unconstitutional at til-e time it
was passed and it was not re-enacted
in the new whiskey shipment law.
The opinion also discusses tJ..e right of
/? _ i
seizure 01 wmsKey.
Mr. Peeples said yesterday that h?
had not discussed in his opinion the
matter of the constitutionality of the
"gallon-a-month" law, because he understood
t!'.:at ti e act was to be tested I
in the courts on this point.
The Opinion in Fall.
The opinion, given in answer to
questions in a letter to the attorney
general from Deputy Sheriff C. C. Foster,
of Greenville county, follows:
"I am in receipt of yours of the 18th
inst., in which you ask:
" 'First. Can a man or boy carry
a bottle containing whiskey in Ibis
pocket wit-bout violating the law?
" 'Second. Can I take the bottle off
his person without an arrest warrant?
" 'Third. Does the law give me the
right to seize all over one gallon on
the way to destination or any place
" Fourth. Can I go into tfce express
office and look over the purchases
wiCbout violating the law?'
"I am herewith inclosing you a copy
of the act, commonly known as the
'gallon-a-month' act. which was ap
proved by tl e governor on the 20th
day of February, 1915
"In the case of t'.:e State vs.
Rookard. 87 S. C. 433, the supreme
court held that 'a Ir-gal sale and purchase
carries the right to the purchaser
to keep iu his possession the
liquor U 'has purchased, ^provided he
does not apply it to an unlawful use.'
The court further <aid, 'It follows that
the provision of the act of 1909 making
it unlawful "to keep in possession
in this State' intoxicating liquors
'except as hereinafter provided' means
that it should be a misdemeanor to
keep in possession liquor, y/hich load
been unlawfully obtained; ti-at is, obtained
in a manner not recognized as
lawful by that act or the unrepealed j
provision of the act of 1907, or to keep '
in possession for sale or some other
use forbidden by the statute, liquors
Two Lawful Ways.
"Under the present liquor laws, i
liquor may be obtained lawfully in the
following manner: First, by ordering
1 and receiving from without the State
for personal use not exceeding one
gallon in any calendar month, and,
j second, by purchasing from a county
"W en a person obtains liquor in
one of these lawful manners and it is
1 obtained for a lawful use, ne nas me j
right, in my opinion, to confvey it
from the place of purchase or from
the place of its receipt from the common
carrier which has transported it
to Ibis home, where he ha?* a right tc?
store it and keep it in possession. He
has not the right under the 'gauon-amonth'
act to store it or keep it in any
place of business or club room or
house, except in his own home or private
"The expressions 'storing' and 'keeping
in possession' in so far as whiskey
is concerned, have been defined by our j
supreme court in the case or &asiey
vs. Peg, 63 S. C. 98, in wiaich the
court says :'The offence of storing and
keeping in possession contraband
liquors involves the idea of continuity
or habit. It may be that proof of
contraband liquor would be sufficient
to convict of the offense, if the circumstances
were such as to induce a
belief that the liquor was stored and
kept in possession habitually.'
"As to your second and ti-ird ques- J
tions, I will say that section 831 of j
Jt.' e code of laws of 1912, volume 2,
provides that any person detected in j
ill.' act of violating any of (he provisioi;s
of the dispensary law shall be
liable to arrest without warrant, pro- '
iicd a warrant shall be procured
within a reasonable time thereafter. J
If the person is violating t .e law by j
rn?iYf-vin<r 21 nri hpin? in ,;&Sa(-SHion of i
whiskey ior an unlawful purpose, you
i ave the right to arrest him without
warrant, provided a warrant snail be
procured within a reasonable time
No Seizure Provision.
"As to the right of seizure of liquor,
tfcere is a question in my mind as to
whether or not there has been any
change whatsoever made in tl. e law
in reference to tne seizure of whiskey.
The 'gallon-a-month' act makes no
provision wnaisoever as iu t.ie stitun;
of whiskey which is being conveyed or
transported unlawfully, or whida is
being stored unlawfully. I presume
you are familiar with your right of
seizure of contraband whiskey under
the law before t:.e passage of the 'gallon-a-month"
act. Under the law as
it existed before that time liquor,in
tLe possession of any person for personal
use or other lawful use was exempt
from seizure. The dispensary
law as it existed before the passage
of the 'gallon-a-month' act was very
drastic in its terms as to all liquors
in possession of any person in this
State. exeeDt such as were purchased
from the -various county dispensaries.
'H'he Webb-Kenyon act, as passed
by congress, removed such constitu- I
tional restrictions, divested intoxicating
liquors of their interestate commerce
character and permitted the various
States to enact such laws for
the regulation and control of liquor as
each State might deem wise. The
pssage of fc'.:e /Webb-Kenyon act did
not give life to the South Carolina
statutes which were unconstitutional
and from the decision of tJ:e court in
y.e Atchison case, which has been j
cited, the only manner in wioich sucn
statutes would be and could become
of torce would be by re-enactment by
the general assembly of South Carolina.
"As before indicated, all statutes, including
the right of seizure, referring
to interstate shipments of liquor for
personal use, were unconstitutional
and void under the interstate commerce
clause of the United State constitution.
The 'gallon-a-montJ./ act
does not re-enact such statutes and I
am of the opinion, under the authorities
cited, that no additional right of
* * ^ J v.. iU ? I
seizure is comerreu uy cue &ain;u-amonth'
act, and that the only powers
you have along tJ.at line are such as
you :fcad under the dispensary statutes
before the enactment of the 'gallon-amonth'
"Violators of the 'gallon-a-month'
act may be indicted and convicted for
violating the provisions of the act, but
in my opinion no authority is given
for the seizure of liquor except such
authority as existed before the passage
of that act.
"In reply to your fourth quest .on.
1 will say that section ?25, code of
laws of 1912, volume 2, provided th-u
constables, sheriffs, etc., could examine
the wny biUs or freight books of summon
carriers. This along with otJber
provisions of the dispensary law relating
to shipments of liquor from without
the State for personal use was
unconstitutional when enacted. It inas
not been re-enacted by the 'gallon-amonta'
act, and I am therefore of the
opinion t'.at you have no such right
[ under the 'gallon-a-month' act.
| "The foregoing is the law as I see
J it, but, of course, my opinion is not
I conclusive. It is for the courts to de!
~ C ^ a 4- 1o unHm* tho Q t H 111 tp
L'lUfc? VY lid I 111C ]an *0 unuti vw<_ w? w j
Copies of the "gallon-a-amonth"' lawpassed
by the general assembly were
sent yesterday to the sheriffs of all or
the counties from the governor's office.
"I 'r.ope everything is going well in
your county and that you and your
magistrates will use every effort to
preserve the best of order in every
line." saiJ the letters which accompanied
the copies of the new w1:iskey
Anderson Dry Goods Company.
The iAnderson Dry Goods company
is carrying a great unloading sale of
fresh and clean and new dry goods
and everything in tfce line of a real
first class store. Don't forget when
you come to town to -visit tibis store
ana inspect tne gooas ana iue pntcs,
You will find here what you want and
the prices are right.
TWO \E WBERRIANS RECEIVE
CARNEGIE HERO 3IEDALS
MESSRS. LEO HAMILTON AM) A. 31.
CHAPMAN AWARDED 3IEDALS ,
in Addition to (he Medals Receive One
Thousand Dollars From Carnegie
In the State of Monday is tfne account
of the award to South Carolina
of the Carnegie hero fund commission.
Three Soutii' Carolinians are given j
awards at ti"is time. Miss Sophia E.;
Thomas, of Xewry, a weaver, aged IT,
rescued Eva Gregory, aged 13, from a
rabid dog at Xewry on June 18, 1912.
A o f a f n a ti'anlr A a Ktt "\Tnccro PVi on.
.TVO LU LUC V> V/l I\ u. yJLX C UJ O WXJLVt^-f"
man and Hamilton to entitle tliiem to
the award, the State says:
< The exploits on which tJce awards
are made to the South Carolinians are
described as follows, in the report of
the commission, copies of which have
been received in Columbia:
"Leo Hamilton, aged 50, merchant,
helped to save George Kneece, aged
:35, laborer, from drowning, Chappells,
S. C., March 16, 1912, Xneece and
three other men attempted to cross
the flood waters of the Saluda river and
their boat was upset. Kneece grabbed
a limb of a tree and clung to it in
the main current of the stream. A
man wfco rescued two of Kneece's com- j
panions said it would be impossible!
to reach Kneece. 'Hamilton and a'
companion set out in a flat-bottomed |
boat, wJich leaked; and Hamilton,]
using a paddle, got the boat to a tree j
above Kneece, close to the edge of the |
swift current. His companion un- j
dressed there, and the water was j
bailed from the boat. Hamilton then!
noHy-nor? iriornmn cl i7 acoinof f Ti a Piirront '
and drifted to a'position beside Kneece. i
He and .';is corapinion held the boat
by grasping brandies and vines, and
Kneece grasped the gunwale and rolled
over the side. The bow dipped, and
considerable water was shipped, but
the bottom of the boat struck a limb
and was prevented from sinking farther.
Hamilton paddled strenuously
and reached quiet water and then the
bank at a point 500 feet downstream
from* where :fce*f:ad gotten Kneece.
"Andrew M. Chapman, aged 35,
farmer and sawmill manager, helped
to save George Kneece from downing,
Channells S. C.. March 16. 1912.
Chapman accompanied Hamilton and
helped in the rescue."
WILSON AND TAFT
(SET ON THEIR KNEES j
To Spread Xortar for Corner Stone
of New Home for the Red
Washington. March 27.?President
Wilson and former President Taft were
central figures here today at the laying
of tf:e corner stone of an $800,000
marble tome for the American Red
Cross, erected as a memorial to the J
women of the civil war. They kneeled
together to spread mortar beneath the
A distinguished gathering, including
members of the cabinet and the su-*
preme court and officers of t'.:e army
and navy, attended the ceremony. Mr.
Taft, Assistant Secretary Breckinridge,
of the war department; Miss Mabel
T. Boardman, of the Red Cross, and
Justice Lamar, of the supreme court,
spoke. The president personally superintended
the laying of the corner
THE BIG SALE GOES
The big sale at the Mower company
goes merrily on and the crowds continue
to swarm to the bargain counters
and the greatest is yet to come, according
to tJ'.e statement of LMr. Freeiran,
the manager in charge. fFhursday
of this week is to be the big day.
Special bargains are to be offered on
that day for a few minutes only, and
in order to take advantage of these
special bargains you must be on hand
promptly at the hpur and minute, but
they are worth your wl:ile. Mr. Chapman,
of the Mower company, says himself
tnat he did not think it was possible
to gather such crowds as came
to the store last week, but seeing is believing,
and he saw and was conquered.
Read the announcements in this issue
of The Herald and News and you will
see the details of this greatest of sales.
GENERAL NEWS ITEMS
FROM CAPITAL C1TV
MATTERS OF LOCAL INTEREST
Newberry College's Fine Record In
the City Schools?The Confederate
(By John K. Aull.)
Special to The Herald and News.
I Columbia, March 29.?In the reorganization
of the Confederate home,
Superintendent H. W. Richardson, of
Columbia, has been succeeded by Capt.
J. L. Wardlaw, of Columbia, wt:ose
wife was chosen matron, and Dr. F. W.
P. Butler has been succeeded by Dr.
E. P. Derrick. IThe reorganization was
effected by the new board recently ap
j pointed by the governor, under tihe
i act passed by the last legislatura.
The superintendent and matron will
be required to live at the infirmary.
Col. D. A. Dickert, of Newberry, was
formerly a member of the board, but
tendered his resignation before the
new appointments were made.
Iq. ti e course or nature this institution
will in a few years be useless. As
a matter of fact, it is contended by
many who honor and love the old soldiers
and cherish the memory for"
which they fought, the home i. as never
met the need which it was ur^ed by
| the advocates for its establishment
tifcat it would meet. It would be a fine
tJMng if the State could furnish a home
for all the needy veterans, but the
i number in the present institution is
necessarily limited to a very meager
IAn article by John 81ackbum?.physical
director of the University of South
Carolina, published ia t?e CoJmxfWa
State, sets forth the remarkably Una
record made by the champion basket
ball team of Newberry college Use past
season, characterizing the Newberry
team as "the best college team ever
developed in this State." He places
the order of the teams as follows:
Newberry. Wofford, Citadel, Clemson,
Carolina, Furman, Erskine, Clinton
and Charleston college^
"\"ewherry," he saysV-"has an Undisputed
claim to tie first place. Tfceir
jecisive defeat of iftbfford in the playoff
for the championship left no doubt
as to this. The only game lost by thei*
J was to Wofford in Spartanburg. With
most of their last year's team back
and the addition of some new experienced
material they turned out wfcrt
may be considered as the best college
team ever developed in this State."
H'e places three of Newberry's players
on the all-South Carolina team,
and one on a second tei.m the selections
being as follows:
AM South Carolina team:
Ashbaugi (Newberry), center.
Earle (Wofford), forward.
Baker (Newberry), forward.
Danner (Carolina), guard.
MacLean (Newberry), guard, captain.
j A second team, whicf: is the choice
of Mr. Blackburn, reads as follows:
Folger (Citadel), center, captain.
! Bowen Carolina), forward.
| Patrick (Citadel), forward.
| Paschal (Newberry), guard.
! Gee CClemson), guard.
! This is a fine showing for Newberry
in this clean sport, and is a source
of gratification to the many Columbia
i alumni and former students of the institution.
i Mr. A. H. Hawkins, of Prosperity,
' and Dr. Geo. B. Cromer, of Newberry,
have been appointed by Gov. Manning
among t':.e delegates to the forty-second
annual meeting of the national
conference of charities and correcj
tions, to be l eld in Baltimore May
j 12-19. The delegates include the su.
norint-pnrjpnt anrJ rprents Of the State
^ - -O
hospital for the insane, the members
of the State board of charities and corrections
and the directors of Che penitentiary.
Dr. James P. Kinard, formerly of
Newberry, later professor in Wintnrop
college, then in t):e Citadel, and now
president of Anderson college, was in
Columbia this week. In a statement
given to the press he says that Anderson
college was never in better condition
than it is today. An acti.e canvass
will soon begin for the purpose
of raising $100,000 for the institution.
"The citizens of Anderson," said Dr.
Kinard in tis interview, "are ready
now to start this subscription with
j from $15,000 to $20,000 and tt" e college
| will certainly get the remainder -from
the rest of the State."'