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LOCAL MEN LOSE
WARE SHOALS CASE
Supreme Court Upholds Decision Re
port of Special Referee nnd Decides
for the Illegals.
Affirming the dismissal of the com
plaint involving $100,000 alleged to
be due minority stockholders, the su
lireme court Saturday, In a decision
by Chief Justice Jones, decided the
well known case concerning the Ware
Shoals Manufacturing company. Sev- I
oral years ago the minority stockhold- |
ei s, alleging wrongful acts on the |
part of majority stockholders, filed a
complaint asking for $100,000 dam
ages. By consent of all concerned all
of the issues of law and fact were
submitted for determination to a ref
eree. After taking all testimony the
referee made his report. He recom
mended the granting of the motion
for the dismissal of this complaint
This recommendation was upheld by
the circuit court of Greenwood County,
and the case was accordingly appeal
ed to the supreme court.
The case was that of J. O. C. Flem
ing. .1. T. Johnson. N. D. Dial. W. I..
Gray. H. K. Alken, W. If. Hudgens and
J. H. Wharton. citizens of Laurens
county and minority stockholders,
against Benjamin Riegel, George
Riegel, Howard Riegel, B. i). Riegel,
John S. Riegel, o.lhn R. DeWitt. E.
W. Sparks and the Ware Shoals
Manufacturing company, said to be
t majority stockholders, defendants.
Prom the petition It appears that
on June 30, 1!?<?:?, the plaintiffs were
stockholders In th'e Ware Shoals
Manufacturing company, a corpora
tion organized with N. B. Dial as pres
ident and treasurer, having a capital
stock of $500,000, of which about j
$255,000 had been subscribed, about j
$216,000 had been paid in cash and
propery. and shares of stock, to the
amount last named, had been issued to
and held by the various shareholders.
On the last day mentioned an agree
ment was entered Into between the
defendant. B. D. Riegel, and the de
fendant Ware Shoals Manufacturing
company, by which it was stipulated
that the former would take and pay
for the unsold portion of the capital
stock, amounting In par value to
$286,000 upon the condition that such
subscription would not be binding,
until and unless at the next annual
meeting of the stockholders, the num
ber of the directors should be fixed at
nine, and that B. D. Riegel should be
permitted to name five of them, and
an agreement to this effect made In
writing between N. B. Dial and D. ?.
Riegel by which the said N. D. Dial
should procure the ratification of this
agreement at the annual meeting of
the stockholders, and that N. D. Dial
would sell at par to B. D. Riegel suf
ficient stock in the corporation to
make up the total amount of $2">fj.
000 of stock thereof. In case the cor
poration would be unable to sell him
stock to that amount at least.
Office <>i* President,
"The written agreement in ques
tion contains no other provision hav
ing any bearing upon the issues of the
cause, there being no reference there
in to filling the office of president oth
er than such as is contained in the
provision last above stated," says the!
opinion. The provision that at the j
annual meeting of the stockholder a
board of nine directors should be 1
elected to control the affairs of the !
company and elect the president and
fix his salary.
This agreement was carried out at j
the annual meeting of the stockhold- ,
ers on July 22, t906, and thereafter
B, l). Riegel and his codefondnnts
became the owners of the majority
of the stock. In the opinion it is
stated that six of the Individual de
fendants in this action were on the
board of directors, and at the animal
meeting of the stockholders in 1".mi<;
the directors were all reelected. Dur
ing the year 1005 and 1006 N. B.
Dial served as president of the com
pany at a salary of $3,000, although
there appears in the record, accord
ing to the Opinion, no resolutions en
actions or other official actions by (he
directors fixing the salary of the pres
ident. At the meeting of the stock
holders on July 12, H'07. N. B. Dial
was reelected president but at a salary
of $1,200 per year.
Mr. Dial refused fo accept the
salary, and the board refusing to give
him $2,r,00 he resigned, and a new
president was elected to serve with
out salary. Mr. Dial contended that
there was an oral agreement as to the
salary of $3.000 so long as he per
formed the duties of the office satis
There Is little danger from a cold or i
fiom an attack of the grip except when
followed by pneumonia, and that nev-'
er happens when Chamberlain's Cough
Remedy is used. This remedy has
won Its great reputation and exten-1
elve sale by Its remarkable euros of
colds and grip and can be relied upon
with implicit confidence. For sale by
Visit our Fancy China Department,
you will find Just what you want for
Christmas, and will save at least
one-third in price.
S. M. & E. II. Wllkes & Co.
DEATH OF MKS. GODDARD.
Native of Lauren* County Passes Away
at Coronaca After a Lingering III
Special to Laurens AdvertIser:
Coronaca, Nov. 25.?Our little town
was deeply saddened by the death of
our beloved friend and neighbor. Mrs.
Jno. 10. Goddard, who breathed her
last ut 12:30 p. m. Saturday, the 18th.
at the age of a little over 72 years.
Mrs. Goddard had been sick for the
past three weeks. All that tender
hands, loving friends with skilled phy
sicians and a trained nurse could do!
for her were of no avail. She passed
Into the beyond as If Into a peaceful
slumber. Our dear friend leaves a
beart-bttoken husband and five chil
dren to mourn her departure. Her
children are Dr. w. E. Goddard of
Donalds. S ('.. Mr. .lames Goddard of
St. Charles, s. c. Mrs. J. H. Thacker
of Culberth, Ga., Mrs. Monroe of Lat
ta. S. C, ami Mrs. \V. G. Rice of this
place, besides two sons who have pre
To say that Aunt Jennie (as site was
called) will be greatly missed, but
feebly expresses the esteem in which
she was held by all. She was a de
voted wife, loving mother and a true
friend to nil that were so fortunate
as to know her. She was a devout
Christian and a loyal member of the
Mrs. Goddard. who was a Miss Casey
was born in Laurens County ami spent
the greater portion of her life there,
only having moved to our little town
a few years ago. She was married
twice, her first husband being Henry
Fuller, who was killed in the war be
tween the sections. There were no
children to this union. Several years
after his death she married Jno. B.
Goddard. 1 know her many friends
of Laurens County will be pained to ,
learn of her death. Mrs. Goddard
was noted for her attention and help
\ to those sick or in distress, always
ready and willing to administer to
their wants. My dear old friend, thou
hast been faithful to thy Master in
this world. We know a loving rest
awaits thee. Peace be to thine ashes.
M. G. B.
Coronaca. November 2."., 1911.
Quick Sensible Method That Doesn't
Upset the Stomach.
Have you heard of the overnight
cold cure that Is ptting colds in the
head and chest out of business be- j
tween sunset and daybreak.
Here It Is. Cut It out and save It
if you don't need it now. If you have
a cold, cough, throat soreness or acute
catarrh, be sure and try It tonight
just before going to bed. Pour a scant
teaspoonful of HYOMBI (pronounce It
High-o-me) Into a bowl with a towel
and breatbjC for several minutes the
vapor that' arises, then go to sleep
and awake with a clear head free
HYOMEI is guaranteed for catarrh,
colds, coughs, croup, asthma, sore
throat and bronchitis, or money back.
Pottle of Hyomel 60 cents at Laurens
Drug Co. and druggists everywhere.
SPREAD THE PAYMENTS.
Willlamsburg Farmers Union Recom
mends that Farmers Have Their
Notes Made Payable in Februar?.
At the recent meeting of Williams
burg Cpunty Farmers' Union the fol
lowing resolution was adopted:
Whereas notes for the payment of
fertilizers becoming dtie and payable
in October and November have a ten
dency to reduce the price of cotton,
Resolved, That the members of the
Farmers' I'nion and all other farmers
buying fertilizers have their notes
made payable February 1st instead of
in October and November, as they are
Resolved, That each County I'nion
and each Local I'nion be requested to
appoint a committee of three to con
fer with the business men and dealers
and ask them to co-operate with the
farmers in this matter.
This shows that the Snmter meet
ing was timely. Let the Unions till
over the State express themselves on
this subject and at least take noth
ing less than the Sumter plan calls
This resolution Is being sent from'
the state Secretary's ofllce to each
County I'nion and also to the Local
Unions in the State.
K. W. Dabbs,
President S. C. State Farmers' Union.
Deafness Cannot b) Cured,
by local applications, as they cannot
reach the diseased portion of the ear. j
There is only one way to cure deaf- ,
ness and that Is by constitutional rem- i
edles. Deafness is cnused by an In-!
flamed condition of tho mucotis lining !
of the Eustachian Tube. When this
tube Is inunrned you have a rumbling
sound or Imperfect hearing and when
It is entirely closed Deafness is the!
result, and unless the inflammation ]
can be taken out and this tube restor- 1
ed to its normal condition, hearing
will be do? .-oyed forever; nine cases
out of ten are caused by Catarrh,
which is nothing but an Inflamed con
dition of the mucous surfaces.
We will give One Hundred Dollars
for any case of Deafness (caused by
catarrh) that cannot be cured by Halls
Catarrh Cure. Send for circulars,
F. .f. Cheney & Co., Toledo. O.
Sold by druggists. 7".c.
Take Hall's Family Pills for con
CopTtiibl 1909. br C. E. Zimmerman Co.?No. 69
A NY season and any time
you will find our store
Always a sufficient stock of Dependable Merchandise to
take care of every need. Goods always seasonable
We are Offering Special Bargains in the Following Lines:
FOR THE LADIES!
Unequal line of fine Shoes.
Fine fitting, warm Underwear.
Hosiery, to suit every fancy.
Srk Petticoats, all colors.
Black Underskirts 50c to $1.50.
FOR THE MEN!
The best men's Shoe made.
Nobby Hats in all shapes.
Good warm winter sox.
Pretty Ties in snappy colors.
Underwear for cwWl weather.
Christmas is drawing near. Prepare now for the
little things that you will need in making
your Christmas Presents.
The Busy Corner
We have them.
Laurens, S. C.
Agents tor Buttrick Patterns and American Beauty Corsets
NEARLY FIFTEEN' MILLION.
New Orlean Paper Places that Esti
mate on Cotton Crop for This Year.
Based on Correspondent's Reports.
New ?rleans, Nov. 26.?Final es
timates on the cotton crop of 1911
received by the New Orleans Times
Democrat from its correspondents
throughout the cotton belt give the
total of 14,835,000 bales exclusive of
linterS repacks and similar additions.
The concensus of opinion indicates
the following result:
Alabama, 1,500,000; Arkansas and
Missouri, 950,000; Georgia and Florida.
2,650,000; Louisiana. 375,000; Missis
sippi. 1,150.000; Oklahoma, 060.000;
North Carolina and Virginia, 1,000,
000, South Carolina. 1,500,000; Ten
nessee and Kentucky. 450,000; Texas
and California,4,300,000. Total 14,
Ordinary Cathartics ami Pills and
llarsli Physic Cause Distressing
You cannot be over-careful in the
selection of medicine for Children.
Only the very gentlest bowel medicine
should ever be given, except in emer
gency cases. Ordinary pills, cathar
tics and purgatives are apt to do more
barm than good. They may cause
griping, nausea and other distressing
after-effects that are frequently
Wo personally recommend and guar
antee Rexall Orderlies as the safest
and most dependable remedy, which
we know, for constipation and asso
ciate bowel disorders. We have . ueh
absolute faith in the virtues of this
remedy that we sell it on our guar
antee of money back in every instance
where it fails to give entire satisfac
tion, and we urge all in need of such
medicine to try it at our risk.
Rexall Orderlies are eaten just like
candy, are particularly prompt and
agreeable in action, may be taken at
any time, day or night; do not cause
diarrhoea, nausea, griping, excessive
looseness, or other undesirable ef
fects. They have a very mild but po
sitive action upon the organs with
which they come in contact, apparent
ly acting as a regulative tonic upon
the relaxed muscular coat of the bow
el, thus over coming weakness, and
aiding to restore the bowels to more
vigorous and health activity.
Rexall Orderlies commonly com
pletely relieve constipation, except of
course when of a surgical character.
They also tend to overcome the nec
essity of constantly taking laxatives
to keep the bowels In normal condi
tion. Three sizes of packages, 10
cents, 25 cents, and 50 cents. Remem
ber, you can obtain Rexall Remedies
in Laurens only at ottr store.?The
Rexnll Store. The Laurens Drug Co.,
108 Main street.
Farm Land Buyers see ad of "Ben
bam" Tract of estate .f. C. Wlotora at
auction next Salesday.
Sale of Farm Land
Under and by virtue of the power of sale in me vested by the last will and
testament of the late John C. Wieters, deceased, Probated before and of record in
the Probate Court for Charleston County, South Carolina, for division of his estate,
I will offer Jor sale at public auction before the Laurens County (S. C.,) Court House
door, Laurens, S. C, between the legal hours of sale, on Monday, December Ith,
1911, that valuable cotton and grain farm, known as "Benham" place, on Burnt
Mill Creeh, near said Laurens Court House, containing about 646yA acres, as is
shown by plat of John M. Hudgens, surveyor, 6th of January, 1888, (which may
be seen at Palmetto Bank, Laurens, S. C, and will be exhibited at Ihr auction.)
subject however to a certain Dower life-interest in 201 '.? acres, thereof set off to
Mrs. 0. L. Irby, as will appear by proceedings therefor in the Probate Court for
said Laurens County and the plat thereof by said surveyor 27th of October 1896,
filed with such proceedings.
Terms: One-third cash, balance secured by bond of the purchaser and mort
gage of the premises sold, credit portion bearing interest from the day of sale at
the rate of seven per cent, per annum, payable scmi-annuully, and to be payable in
three equal successive annual instalments from the day of sale. Mortgage to con
tain usual provisions for payment of Counsel fees, and that whole debt becomes due
on any default in the payment of taxes, interest or principal as the same becomes
payable. Purc'uaser to pay all taxes, payable after 1911, and seller's attorney
$10.00 for title and may pay all cash.
JOHN D. CA PP ELM AN
46 Broad St., Charleston, S. C.
E. F. WIETERS
ExeCiUor Will ./. C. Wieters.