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REFEREE DECIDES WARE SHOALS
CASE IN FAVOR OF THE RIEGELS.
The report of Mon. I'M ward Mclver.
special referee In the ease of ..I. (). C.
Fleming. N'. B. Dial et al., vs. BenJ.
Riegel et al., and the Ware Shoals
Manufacturing company, has been
ttlod by the clerk of court. W. II. Yel
dell, at Greenwood. The report is
in favor of the defendants and there
fore adverse to Mr. Dial and bis CO?<
plalntlffs. Mr. Mclver says in con
clusion of his report: "I therefore
conclude as a matter of law that the
motion to dismiss the case should be
granted, and so report."
The case came up for trial at Green
wood at the November term. 1907, of
the court of common pleas. A mo
tion to dismiss the case was made
by counsel for defendants ami It was
on this motion that. Hon. Kdward Mc
lver of Cheraw was appointed special
referee to take testimony and report
on all Issues of law and fact to the
court. This report will come up at
the November, 1909, term of the court
of common pleas. Several references
have been held and a great mass of
testimony taken. The report in part
Is as follows:
"This suit was instituted by certain
minority stockholders of the Ware
Shoals Manufacturing company
against the majority stockholders
and the corporation, praying for (1)
specific performance of an alleged
contract; (21 an injunction against
the alleged unlawful contract and
management of the corporation by the
majority stockholders: (3) an ac
counting by the defendants for their
alleged wrongful acts ami conduct in
the management of the company, or
for cancellation of the alleged con
tract and to restore the parties to
their former positions ami for dam
ages. The complaint is lengthy ami
charges minutely the specific acts of
wrongdoing < oiuplniucd of. I adopt
the synopsis ol the allegations of the
complaint contained in the argument
of Mr. Col lira u, one of the attorneys
for tin? defendants, as it Is a clear
and fair statement, and is more con
cise and al the same time more com
prehensive t ban I could hope to make
it. I want to say at the outset that
this case has been prepared and pre
sented with great thoroughness and
marked ability by the attorneys rep
resenting both si tes, ami I will not
hesitate to largely adopt and use such
par's of their arguments as sustain
the conclusions I have reached. . . .
Den) All Charges.
"The defendants by their answer
deny all charges of bad faith and con
duct; they deny the existence of any
contract other than that reduced to
writing, signed by the parties and
confirmed by stockholders at their
meeting July '_':.'. I '.'or.; they set up
certain specific defences to the plain
tiffs' alleged cause of action: (li
that the alleged contract is not in
writing; (2) that the same is no- to
be performed within one year; >'.'?)
thai the same relates to sale of goo I -
exceeding $."0 in value; ID that the
same was not authorized by the stock
holders or directors of the company:
(.".I that the same was not within the
power of the president to make. . . .
"At the conclusion of plaintiffs' tes
timony the defendants moved to dis
miss tie* complaint on various
grounds set out in writing, which Is
herewith sent up.
"The principal point of contention
in tills case Is the spec I lie perform
ance of an alleged verbal agreement.
. n to rod Into bet ween M r, I >lnl am!
tiie Ricgols <>r bctweeil the company
und (lie Riegels: 111 To rejaln Mr.
X. 15. Hint as president of tl.i- . om
pany from year in yeai during Ills
life oi' i ; hing : he made an CfUcicilt j
officer iii :i snlarj of $!l.opt) pei an
num; 12) that the Riegels would tnki >
the oat;.ui nt the mill ai tie- prevail
ing market price without coinfhlssioh;
(3J llmt they would loan or procure
to t>e joahed to the company money
at low rap s ( f interest.
"Towards first, two or three
contentions the arguments on both
sid<s were largely directed and were
most Interesting, able ami instructive,
i am reluctant I) forced to the con
clusion thnl the testimoiij does not
make cm such, an agreement as would
lustlfy n court In decreeing specific
performance and even If such an
agreel.:"lit to elect any certain per
son president from year lo year, foi
an Indefinite period) al a fixed salary ,
had 60011 made by one stockholder
with another or with the corporation,
It would be Void as contrary to pub
??Where the Contract!"
"I am absolutely satisfied as to the
OQtlro truth and correctness Of the
testimony of Mr. N. B. Dial. I feel ]
tare that the conversations testified
to by him occurred just as lie says
they did; and that he was fully of the
impression that be was to be retained
as president at the salary ho was
then getting; that Mr. B. I). Riegel
gave him that Impression, and that
Rlcgol too so Intended at the time.
Hut where is the Contract, when was
It made and With whom? The mat
ter was talked over, It U true, both
before and after the making of the
written contract, but the talk bad
been between these gentlemen, as Mr.
Dial details it on the stand, does not
make a contract, it is too vague, too
Indefinite. Who were the parties to
the contract? Only Mr. Dial and
Mr. B, I). Riegel. I have no doubt
that Mr. B. D. Riegel told Mr. Dial
that they would retain him as presi
dent, but could he In this way bind
the company and his associates to
vote for Mr. Dial from year to year.
Indefinitely?and that, too, before
they were really stockholders?by a
mere conversation had In New York
while these negotiations were pend
ing, at which time nothing definite had
been Axed, or at least c losed? Were
not all these statements of Mr. B. I).
Riegel colloqula, either as an Induce
ment to the trade or honest expres
sions of Mr. Rlegel's intentions at
the time, but Which never reached
the formality of a legal enforcible
contract? 1 have examined the tes
timony most carefully in an effort to
put my hand on either the time and
place of the making or the parties
who made or the details of a com
plete enforcible contract as alleged
in the complaint, but have failed to
tlnd it. if it was an agreement be
tweetl Mr. Dial and Mr. B. D. Riegel
as Individuals whereby Mr. Riegel
agreed (hat lie and his associates
would vote ti> elect Mr. Dial president
from year to year Indefinitely, such
an agreement would be contrary to
public policy and a court could not
* tiforce it.
"Was the alleged agreement made
with the corporation? If so, where
and when? Certainly not at the
stockholders' meeting when the writ
ten contract was ratified.
Nu Legal Vellen.
"It is true that at this meeting Mr.
Riegel and his agent ami attorney
staled that it was the intention of the
majority stockholders to retain Mr.
Dial as president; it is true tin1 old
stockholders took it for grnntd this
was to be done, but no vote was taken,
no motion looking to this end was
made, no entry on the minutes, no
action of any kind, except remarks
made in Bpeeches made at the meet
ing: and in none Of these were the
details gone into. I can't resist the
conclusion that while the old stock
holders felt that Mr. Dial was to be
retained as president, they made no
binding enforcible contract either
with him or with Mr. Riegel, that this
should be done Indefinitely and at a
"Nor do I (lad a legal enforcible
contract with the Riegels to take the
output of the mill. The most that I
can (lud from the testimony Is that
Mr. B. D. Ri.'gel represented that they
were Interested h> or controlled the
Riegel Sack company, which would
take the output of the mill?hut I do
not find (hat this statement assumed
the proportions of a contract between
the Ware Shoals Manufacturing com
pany and the Riegels or the sack com
"in his argument on the insufficien
cy of the testimony to establish the
alleged verbal contract. Mr. (irler lias
so forcibly reviewed and analyzed the
testimony thai I do not feel that it Is
accessary for me to further fortify
my conclusions on this question.
"I therefore conclude as matter of
law that (he motion to dismiss the
case Should he granted, and so re
Retail!* ai < <d l Sleel.
''Your only hope," said ihnie doe
Mir' suffering from sev< re rectal
trouble, lies in an Operation, then I
used Dr. Kin ' s New jdfo Pills:- she
wldtes, "till wholly cured." They
pio\eel Appendicitis, cute Constipa
tion. Headache. 2.\e at the 1,aureus
Drr.-, Co. and liie I'almettto Drug Co.
Work a- if yn i were to live a hun
dred years; pray as if you were to die
I he Secret f?f Long Lite.
A French scientist has d'.sc?vere'l
one Secret of lore. life. His method
deals With the blood. But long ago
millions of Americans had proved
Klectrlc Bitters prolongs life and
make, it worth living. It purifies,
enriches ami vitalizes the blood.' re
builds wasted nerve ceils, imparts
life and tone to the entire system.
It is a godsend to weak, sick and de
bilitated people. "Kidney trouble
had blighted my life for 'months',
writes W. M. Sherman, of dishing.
Me., "but KleCtrle Milters cured me
entirely." Only 60o at the Laurens
Drug Co. and the Palmetto Drug Co.
Me civil to nil; serviceable to many;
familiar with few; friend to one; en
emy to tion ?.
Washington Once Cmc I'p
lo Ihree doctors; was kept in bed for
five weeks. Mlood poison from a
spider's bite caused lar^e, deep sores
to cover his leg. The doctors failed,
(hen "Bucklon'S Arnica Salve com
pletely crued me." writes .lohn Wash
ington, of Mos<ptAvi!le. Ter. For ec
zema, boils, burns and piles It is su
preme 'jr,c at the Laurena Drug Co.
and the Palmetto Drug Co.
. FOR CHILDREN.
The safe*t. gentleat, most pleasant ar<d
in every way desirable bowel regulator for
children, as well aa for adults, are Uexall
Orderlies. They arn oaten like candy.
They soothe and invigorate the delicate
intestine*, making them strong and active.
They relievo constipation and overcome
the necessity of tho regular use of laxative.
If tkey don't do as we claim we will return
the price paid us for them. Two sixes,
loc. and 25c.
laurens Drug Co., Laureus, S. C.
Cf)>FKKKl>(i WITH CAPITALISTS.
Mr. Cooper, Representing Chamber of
Commerce! Goes to Philadelphia.
Mr. R. A. Cooper has gone to Phila
delphia, where today he has an ap
pointment with some capitalists of
that city in regard to the proposed
trolley line from Laureus to Clinton.
Mr. Cooper represents the Laurens
chamber of commerce, which has been
very active, in conjunction with the
Business league of Clinton, in pro
moting the scheme, and he is pre
pared to present the plans, surveys,
It Is understood the Philadelphia
firm is interested in southern enter
prises of this character and it is be
lieved that the Laurens-Clinton pro
ject will attract and Induce an in
vestment. The fact that these capi
talists have already investigated the
sit latlon in part through the medium
of r.orrespondence which has led up
to the conference set for today is re
garded as significant.
Cholera Infantum Cured.
"Something like two years ago my
baby, which was then about a year
old. was taken seriously ill with chol
era infantum, vomiting and purging
profusely, writes .1 ,P. Dempsey. of
Dunpsev. Ala. I did what I Could
lo relievo her but diil no good, and
being very much alarmed about her
went for a physician hut failed to
f*ti?l one. so came back by Elder Bros.
& c.irter s store an I Mr. Elder recom
mended Chamberlain's Colic. Cholera
and Dlarhoea remedy. I procured a
hot lb* of it. went home tis quickly as
possible und gave the baby a dose of
the remedy. I: relieved her in fif
teen minutes and soon cured bei- en
tirely.". For sale by the Laurens Drug
CPS VI. SKTTLKMKNT.
Take notice that on the '.'Mil day of
August, 190ft, I will render a final ac
count of my acts anil doings as Ad
ministrator of the estate of I,. S. Aber
eromble, deceased, in the office id' the
Judge of Probate of I.aureus county,
nt II o'clock, a. in., and on the same
day will apply for a final discharge
from my trust as Administrator
All persons indebted to said estate
are 11 aided and required to make pay
menl on that date: and al' persons
having claims against said estate will
nresenf them on or before said date,
duly proven, or be forever barred.
I.. F. Abercrombie,
.Inly IS. lathV?1 mo.
CHARLESTON AND WESTERN CARO
Arrival ami Departure of Trains, Laurens,
EFFECTIVE APRIL 1. 1009.
No. 1. Leave Augusta.10:10 a m
No. 1. Leave Laurens. 2::'.2 p m
No. 1. Arrive Spartanhurg. . 1:05 pm
No. 5. Leave Greenwood.... 6:50a m
No. a. Leave Laurens. 7 :.">"> a m
No. 5. Arrive Spartanburg. . 9.30 a m
No. 55. Leave Greenville.12:20 p m
No. 53. Arrive Laurens. 1:45 p m
No.#86. Leave Greenville .... 1:30 p m
No.*86. Arrive Laurens. 6:25 p m
No. 2. Leave Spartanburg . . . 12:20 p m
No. 2. Leave Laurens. 2:32 p m
No. 2. Arrive Augusta. 6:15 p in
No. 6, Leave Spartanburg ... 5:00 p m
No. 6. Leave Laurens. '>::'."> p m
No. 6. Arrive Greenwood .... 7:50 p m
No.*87. Leave Laurens. 8:10 a m
No.'87. Arrive Greenville.... 10:20 a in
No, ">2. Leave Laurens. 2:35 p m
No. .".2. Arrive Greenville .... 4:0 1 p m
Trains *86 and *87 daily except Sunday.
Tri-weekly through Pullman Parlor
Car service between Augusta and
Ashevllle on trains Nos. 1 and '_':
North bound. Tuesdays. Sat nr.lays:
Southbound Mondays. Wednesdays
c. II. GASQI'E, Agent.
Laurens, s. c.
g. T. Pit van. Gen. Agt.,
Greenville. S. c.
A. w. ANDERSON. Gen. Supt.
ERNEST WiLLIAMS. (',. P. A.
Take notice that on the 30th day of
August, 1(169, I will render a final ac
count of my acts and doings as Ad
ministrator of the estate of Bluford
Simpson, deceased, in the office of the
Judge of Probate of Laurens county,
at 11 o'clock, a. in., ami ou the same
day will apply for a final discbarge
from my trust 33 Administrator.
All persons indebted to said estate
are notified and required to make pay
ment on that date; and all persons
having claims against said estate will
present them on or before that date,
duly proven, or be forever barred.
J. S. Winebrenner,
July 2S, 1909.?1 mo.
GREAT POPULARITY CONTEST
(Only one of these may be cast for a
mm i 'im tibi? i?\ v-mrrtitrTnifi^^uviam
Talk Myopia of the Eye
Myoj ii means near sight.
When an eye is myopic or near
sighted the object looked at does
not focus on the nerve, the
focus is i'i front of the nerve, the
eyeball, therefore is too long.
Now, as we cannot change the
shape of the eyeball, we put in
front of it a concave lens. This
kind of a glass has the property
of putting the focus back to the
nerve. Myopic persons hold
reading- close to the eyes, objects
at a distance being dim. Vision
is certainly the most important of
the senses, therefore a word to
the wise should suffice. Visit my
office and learn more about cor
recting imperfect sight.
Room 8 and 1 Enterprise B'ld'g.
Office days. Friday ami Saturday
Dr. F. J. Inman
Laurens, S. C.
To exchange a brand new
Adam Schoof Piano, guar
anteed for ten years, for a
good road Horse; must be
young, gentle and sound.
For further particulars apply
Dr. F. J. INMAN
Enterprise Hank Building
Laurens, South a rolina
the Blackstone school For Girls
Established In 1994. The aim of the school is clearly a*t forth by It*
nr\TTA. "Thorough instruction under poeltirely Christian influences at the lowest
WUI 1 yJ. poaflible coat."
Tho school was established by tho Mothott;?t '"hurch. not to mnk<? money, bnt to furnish
? plac? where trirla can ho given thorouiih training in body, mind, and heart at a modern to
coat. The object haa txvn'O fully carried out that as a
DCC1 TI t. f?-day- w'*h ?** facul'v of 32. ita boarding patronage of 800. and ita
KLjULI : building nnd grounds, wor h ?140,000 ^
THE LEADING TRAINING SCHOOL FOR GIRLS !N VIRGINIA.
pnys all charges for the vctr. including the table board, room, lights, stnam
neat, laundry, medical attention, physical cultar?. and tuition in ull *i)lij,!ctn
except inn do and elocution. A ;>ply for catalogue mil application blitnk 10
REV. JAMES CANNON. JR.. M. A.. Principal. Blaclutone. V~
W IF .T! IF ,F -V -F ,F !F /V IF -V'
Postum, Post toasties (?;
Grape nuts, Oat flakes ^
in air tight tin can, 3j
Figs, Seedless Raisins, 3?
and cleanen Currants, j|i
California Lemon cling &
and yellow free stone
peaches, Canned Peas, 5F
Canned Tomatoes, (T)
Fresh and domestic 3^
Sardines, Cheese, Bulk
and Bottled Pickles J
Snow Flake and Pack- ?fi
age Crackers, Fresh j^jj
Vegetables from the ^
Coast and all the sea- ?i?
sonable dainties, qual- ^
ity and prices right.
KENNEDY BROS. 1
Laurens, S. C. ^
cannot preserve your health if you
continue to breathe the foul sewer gas
e/ery time you go to the bath room.
is even more important to health than
a plentiful use of soap and water.
H ive us remodel your bath rcom so
that it will be entirely free from the
danger that always lurks in old style
plumbing. Cost will belittle compared
with the benefit derived.
DoaK ? McKechnie
South Harper Street
Phone 292 Laurens, S. C.
Returns From Real Estate
dependa upon the wisdom shown in
buying it. Money can be lost on prop
erty as well as made. So when you
want to invest consult those who can
give you valuable information.
Why Risk Loss
When Our Advice
insures you a profit? We know prop
erty values and prospects thoroughly,
and will be glad to give you the bene
fit of our knowledge and experience in
any deal you may contemplate.
Todd Building Laurens, S. C.
Goo>! Drugs mean much
more than Fresh Drugs he
cause it includes high grade
as well as freshness.
In every respect we
claim that our stock is an
exce; t onal one. Let us he
A Word to the Parents of Laurens County
Do you desire a liberal education for your boy? If so can you 9end him to a
better place than ERSKINE COLLEGE. Due West, S. C. ? You kr.ow the
good reputation of Due West. ERSKINE COLLEGE has boon a neighbor to
you for more than 70 years. It offers the opportunity for liberal culture at a
"reasonable cost. Free tuition in Wylie Home for girls, for illustrated catalogue,
J. S. MOT F ATT. Du? West. s. c.
?S Misses Drop Stitch f
I HOSIERY I
The 15c quality this week ]?
% at 10c a pair, colors Pink Blue '?
gj and White. jj
ij Many have taken advan- Ji
ig tage in the reduction of summer J?
?2 goods The cut prices will con= I?
"2 tinue during this week an oppor= &
?5 tunity to secure a nice dress at ?
a small cost at,
l W. 0. WILSON & COMPANY \
?5 Laurens, S. C: 51
Littleton Female College
One of the most successful and best equipped boarding schools in the
South with hot water heat, electric lights and other improvemenLs
2Hth annual session will begin Sept. lf>, 1909, For catalogue address
J. M. RHODES. President. Littleton. N. C.