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SENDS CASE BkGK T
IMPORTANT DECISION IN S. C. n
DAMAGE SUIT. ti
Decision is in Line With Recent De- n(
cision of Judge Ernest Gary of R
State Circuit Court. 1
.:'.eville, N. C., Aug. 29.-Judge sE
j. C. Pritchard, in the United States
court, rendered a decision today in h,
the case of Charles J. Morrow versus di
Charlotte Air Line Railway company, d
remanding the case back to the South al
Carolina. State court. :
Morrow sued the railway for $10,- s(
000 on account of personal damages tE
sustained by him. the suit being en- ol
tered in the State court of South Car- gz
olina. The railway company peti- 1,ft
tioned that the case be moved to the c(
United States circuit court on the h
ground of deversity of citizenship,
tle railway company alleging that it
Vas a citizen of North Carolina, while tl
the plaiatiff was a citizen of
South Carolina. Judge 'nritchard af
ter hearing the argument remanded T
the case back to the South Carolina ti
state court from whence it was re
moved on the ground that the railway
company was a domestic corporation.
C. P. Sanders of Spartanburg ap
peared for the'railway and Stanyarne A
Wilson, also of Spartanburg, repre
sented the plaintiff Morrow.
JUDE GARY'S DEVISION. - ,
Synopsis of His Decree in the Atlan- t]
tic Coast Line Case. el
On August 1 Judge Ernest Gary of a
the South Carolina cricuit court ren- 0
dered an -opinion in the ease of W. G. a
Geraty vs. the Atlantic Coast Line a
Railroad company. in which he held a
that the defendant company was, in a
every sense of the word, a domestic It
corporation and must accept sum
mons in the court of this state. This a
opinion at the time attracted wide at
tention. Judge Gary's ruling was. of
more than ordinary interest, for it a
was in direct opposition to an opin
* ion handed down in the federal court si
of Judge J. C. Pritchard in a similar a
case, and for that reason alone the e
opinion was eagerly read by mem- g
- bers of the bar throughout the state. 3
This was a case for damages against a
the Atlantic Coast Line for a sum ex- h
ceeding $2,000. Relying upon the de- e
eision of Judge Pritchard in the case1
of Lee vs. the Atlantic Coast Line 1
.Railroad company, in which it was
held that the defendant corporation 0
was not to be considered a domestice
corporation of the State of South ~
carolina, but a Virginia corporation,]
and properly within the jurisdiction t
of the United States courts in such t
cases -alleging damages, the defend- E
ant company made a motion before a
Judge Gary, which was argued before i
him at chambers in .Columbia, to set 3
aside the service of summons on the i
ground that the defendant was not a t
corporation organized unier the laws 'e
of the State of South Carolina, as al- I
* leged in the complaint. I
Judge Gary dimissed the motion, ~
holding that this railroad company is '
a South Carolina corporation. If it C
is not a domestic corporation, then,
he holds, "the ,operation of its rail- ~
.roads in this state is unlawful."
Judge Gary's decision was that the
.Atlantie Coast Line company was E
formed by a merger subsequent to the
enactment of the constitution of 1893.
Therefore the Coast Line is operating
in this state under a charter given by
the state. And if it is not, then it is
a trespasser and has no right within
the state, under Judge Gary's ruling.
He declares a "domesticated corpor
ation'' to be- a foreign corporation
which has become as practically the
same thing as a domestic corporation
and insists that the laws of the state
apply to one just as to the other.
The Critic Scored.1
Arthur W. Pinero is the authority I
for the following story about -the
3late Jos. Knight:
r At a supper party at the GarrickI
* club some years ag*o theatrical man
ager wound up a humorous speech by4
declaring his conviction that it would
be to the advatnge of the drama if a
muster were made of all the theatri
cal critics and thiey were shot off
hand. Mr. Knight, called upon to re-;
ply to this playful stricture, rose, and
in his richest tones spoke as follows:
"Gentlemen, I have not the faint
est objeetion, understand me, to the'
course proposed by Mr. X., provided
that, in mercy, we are shot before*
being notified to witness such enter:
tainments as our dear friend has re
centoucned atdhi theater."
COME NOT SINGLY."
Union,. Aug. 29.-That trouble
wer comes singly is illustrated in
e sad and distressing case of Silas
orthy, a colored man who lives
ar the Bethel A. M. E. church, near
ice's mill. Since the first day of
ay, Silas has had illness in his fam
F, as many as four being ill at the
On Monday his son-in-law came
me with a broken leg. Early Tues
ty morning one of his daughters
.ed of tuberculosis. -That afternoon
2 o'clock, when the coffin for the
ughter was being brought in, a
cond daughter died. Late that af
rnoon, when the coffin for the see
id daughter was brought in, a wa- Th
>n arrived from the home of Silas'
ther-in-law in the country for a
>ffin for him, he having died a few
The funeral of both daughters was On
ld on Wednesday at 1 o'clock and the
ie father-in-law's at 3 o'clock. 9U0
Silas is a quiet; industrious man I
id works at the Union cotton mill. yOL
he unusual series of bereavements
at he has had has excited general
MR. LONG IS RUNNING.
nnounces Himself as a Candidate F
The only man from Anderson
)unty who so far has announced
.mself as a candidate is Mr. M. 0.
Link my experience in the court room
trd in the Daily Mail. of
I realize this is a little premature, If
ad I am sorit my opponents have us
?ened up the campaign so early, but th'
they and their friends are writing
[ over the country, I am forced to
pprise my friends of the fact, that I
n going to be in the race for sohci
>r next year to succeed Mr. Boggs,
-ho will not stand for re-election. I
rn kept very busy day and night with
iv oficial duties and I haven't the
me to write letiers, or to go around
d meet with the people.
In making t-he race, I am to run T
lely on my own merit, free from any lib~
nd all politieal pulls, schemes or full
ombinations.' Plain simple duty -1s cou
:ing to be my platform. I believe in. Ne:
ety enforcing all laws upon :he
atute books and I do not believe in
aving one law for the rich, or influ
tial man and another law for the *
oor, or ignora'nt man, but I believe *
all sharing alike when they come
ato -court, and each and every one
etting justice and the law vindicat
d. no matter what his station in life S
I have been court stenographer of
his circuit ~for several years, and I
bink my evperienee in' the court room
as been worth more than that of the
vera'e practitioner, for I have been*
a court from 250 to 275 days each *
ear, taking down the court proceed-*
ags in shorthand, and then having to
ypewrite mest all of the important*
ases after leaving the court, there
y becoming familiar with every
phase of the law. I have assisted 0
~olicitor Boggs in preparing most all *
the indictments since I have been
n this circuit and I am thoroughly
.equainted with the duties of the so
citor 's office, and if I am elected, it 0
ill not be anything new to me, for *
have been drilled into it. If I am
leeted I will guarantee the people.
hat there will not be any congested
[ckets on the criminal side of the 0
'Before my appoii amnent as stenog
apher of this circuit, I served three 4
ears as law clerk and amahuensis
ith Hunt, Hunt & Hunter, of New
erry. S. C., and at the same time*
ead law under thema, which position*
held when I received the appoint
ient to my present position..
M. C. Long. 4
The secret of the glow-worm and4
Lre-fly is vet unsolved by science.
'heir light is entirely unaccompanied
You will save money and get a
better roof by using
Slate colored-contains no t___
e as ily laid-a roofing kit free.
Spark, water, gas, heat and cold
p roof. LIasts long and looks well.
Don't take an imitation.
Send for a free sample and book of build- '*
in plans for a 2 cent stamp. Investigate.
R EE gn~?
Most Useful Invention
ore wheels are ruined by c
ly 20 to 30 minutes require
refore you can afford to w
trantee will be done in the ny
Zemember that we do all kin
i that you will find our charg
At Factory Prices.
rite us at once for our special plan
payments on a Piano or Organ
you buy either instrument through
you get a standard make, one
,t will last a life-time. Write
Malone Music House
COLUMBIA, S. C.,
For Catalogues, Terms, Etc.
POINTS OF EXCELLENC
rough instruction. University
ary, 1Ucellent laboratories.
iess. Honor system, Full litt
rses. Degrees of A. B. and B.
Kt session opens September 18Sti
LEE DAVIS I
Newberry, S. C
All flour is r
wheat, but some
than others; th
flour is better
When you get
it raises nice]
br ead. I love
have good breac
We make it out o
P. S. The bei
is in this toWr
flour. It cost
and we get it f
of the Age Brougbt to a
e of Perfection.
ver -dishing than anything else.
d to set all four of your tires,
ait for your work, which we
iost perfect manner.
ds of re air work and we assure
es very reascnable.
H. F. ADDY & CO.,
Newberry, S. C.
amestown Exposition, Norfolk Va.
For the above occasion the-Char
leston and Western Carolina railway
will sell cheap round trip tickets. For
rates, etc., see ticket agent or write
G. P. A., Augusta, Ga.
E:-Hiigh Standard. Able faculty,
nethods. Fine equipment. Splendid
eautiful site. Unsurpassed health
rary, scientific, musical and artistic
MVL Winnie Davis School of Hi: tory.
,1907. Send for catalogue.
ODGE, A. M., Ph. D. President.
wha is Etter
y0c an mak goo
god bread. We
A PRIZE F
A prize is given to each ar
itor that leaves their money
three months or longer-a :
four per cent. interest; and it
larges: premium in the lot by
than the other fellow.
FOUR PER CENT. ON %
The Bank of
Dr. Geo. Y. Hunter, Pres't. I
J. F. Browne, Cashier.
The People's ?
Paid Up Gapital - -
Surplus and Individual F
For protection of deposi
H..C. MoSELEY, President. M
W. W. WHEELER, Cashier. G
Better a conservative Interes
return when wanted, than"a high
about the principal.
A National Bank is a safe Dep<
makes It so. Likewise our Boar
of prudent conservative managen
G. W. Bowers.
J. A. C. Kibler.
R. L. Luther.
M. A. Carlisle.
J. H. Hunter.
J. P. B
We allow 4 per cent. per
Department, interest pi
Splendid location. Health resort. H<
ship, culture and social life24onsrdingoru
in Arteand Elouton.t sBusiness Collee, B
deAelopment of each puLUniform worn
CHARGES VERY LOW. .
26th Annual Session will begiti on Sepi
Are always welcome at
tend a special invitati<
Savings or CJhecking act
the counsel,of the office
beneeded it. will be gi
room, table and wind<
for the hundreds of ladi
may . hereafter favor u
The Place Yon
Capital $50,000 - -
No Matter How Small,
will give it careful att4
applies to the men and I
d every Savings Depos
on deposit with us for
rize is in the shape of
's up to you to get the
depositing more savings
r, . C.
)r. J. S. Wheeler, V. Pres.
J. A. Counts, Asst. Cashr.
y, S. C.
- - .$25,000 00
)rof its $6,000 00
. A. CARLISLE, Vice-Presideht
EO. JOHNSToNE, Attorney.
t on your deposit with its safe
rate and a feeling of doubt
)st. Government supervision
-d of Directors Is a guarantee
W. P. Pugh.
Jno. B. F ellers.
W. A. Moseley.
H. C. Moseley.
annum ini our Savings
>t water heat. Electric lights and other
ils last year. 'High standard of scholar
advantages in Music. Advance course
~ro ttento to the health and social
on all public occasions
.ember 18th 1907. For catalogue address
M. RHODES, President,
i4ttleton,? N~ C.
our Bank, and we e,Xr
an to them to open .a
:ount, If at any time
rs of the Bank shoukd
en freely. A spesiaI
>w has been 'provided
es who now, and who
s with their barnking
- Surplus $30,000.
No Matter How Large,
ntion. This message
:he women alike.
J. E. NORWOOD,