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STOLEN BONDS ARE GOOD. feourt En Bailee Upholds Their Vali- < dity?Court was Divided Seven i to Six. 1 < News and Courier. Columbia, September 27.?The | -court en banc tonight filed a decision 1 upholding the validity of the stolen , state bonds, the court being divided { 7 to 0. The bonds involved are the , following, though only one of them ] was mentioned in this case: $500 bonds, Nos. 15.1, 231, 371, 783, j 595 and 1,477; $1,000 bonds, Nos. I 507, 1,178, 1,800, 2,525 and 3,778. i The court sal en bane today, call- ' ed for the purpose of hearing the ar- I guments on two cases in which the 1 supreme court justices had evenly di- I vided. In such cases, where the ' case is heard on appeal, I he decision 1 of the lower court is affirmed unless, ?' as in one of I he cases heard today, ( there is a const it 111 ional point invol- { ved. Rut when, as in the stale bond case, I he case is brought in the orig- ' inal jurisdiction of I lie supreme court, ( it is necessary to call the circuit ; judges to sit with jusices. , All I lie members of the supremo J court were present and all the judges t ot I he circuit court except judge Ahlrich, who is on sick leave. Chief 1 Jusice Pope and Associate Justices < Gary and Woods occupied the usual I seats of the supreme court, while be- < low, within the circular desk, sat the 1 following circuit judges: Danl/.lcr, of c trie 1st: Wilson, of the 3d; Walls, of r the 4th; Gary, of the 5th; Cage, of s the (>th ; 1 Ivdrick, of the 7th; lv I ugh, f of the 8th; Memmitigcr, of the 0th. 1 and Prince, nl the HMli. There being i division was impossible. i I he argument for the relator, I'M- i ward hhrlich, of Coluiubia. in the s bond case was made by Mr. W. T. Ay- 1 cock, of Columbia, while the Trcasur- t or was represented by Attorney Gen- I eral Lyon and Mr. j. William Thur- c mond, of Edgefield. I The case is an application for a t Writ of mandamus to compel the. t state treasurer to exchange a cor- t lain stale bond for a certificate of ( stock. It will be recalled t.lfyil a 1 number oi slate bonds, returned for c cancellation, were not cancelled by t tho bond clerk, Daniel Zimmerman, 0 as required by law, but were again c put into circulation by Zimmerman \ and evenutally passed into the hands i of innocent purchasers. Mr. Ehrlich > came into possession of one of these .? bonds and presented it for exchange for a certificate of slock, the ex- 1 cnange being refused on the ground t that the bond was null and void, hav- <ing been cancelled and fraudulently reissued. The case was brought to ( tost the validity ot tliis and other 1 such bonds, a description of which t has been advertised in the public 1 prints by the stale treasurer. e No Cancellation Marks. I The opinion of the majority is writ- 1 ten by Associate .lustice Jones and is ] concurred in by .luslict Wood and I: Circuit Judges Walts, Gage. Danl/.lcr, (! Memminger and Wilson. After stat- | ing the facts the opinion goes on to e say: "No marks to indicate cancella- 1; tion were ever placed upon said bond, v although the statute expressly decalr- t ed that such surrendered bond shall o immediately, upon such surrender, be h eancdled and !iJc<l by the stale treas- [[ urer with the permanent records of tl his office. It is admitted that vela- t, tor is a bona fide holder for value o before maturity and without notice, n The general rule of law is that a o thiet ot personal properly cannot a convey to a purchaser, however in- h title to the stolen property as against the real owner. Hut from the t< highest considerations of public poli- c ev (he law excects fro 111 tho rule no- p gotiahie intsrunients ac(piired in good h 1 aith before maturity and without no-' h tice. and makes the title of such hold- tl er good aaginst the world." ! |. I ue opinion goes on to say that "the stale bond cases, 12 S. t(\, show that a coupon bond of the slate, valid r in its inception, is a negotiable sccur- v ity, and the state issuing such 11 ego- t liable paper incurs the same responirl- v bilify which attach to individuals or f corporations in such cases, p "There is 110 question that the h bond in question was not valid when originally put in circulation, and it c being admitted that relator is a bona s fide holder thereof at this time, his a title can in 110 wise be affected by n the surrender of tho bond to the e treasurer by some antecedent holder 71 and the subsequent theft by means of' v which it was again put in circulation. The method which the 'stale had 1 adopted to lake such bond out of cir- n dilation, by cancellation, was not 1 complied with by thoao intrusted with that duty by the slate. The direction 1 to cancel surrendered bonds was de- c signed to prevent the very possibility 1 which has happened and the failure t , , ' ' I' " -V- / ' ?l (lie hiatc ((dicers to comply cannot 1)0 treated as a circumstance of no consequence, for Ihe absence of marks of cancellation make it possible for the thief to put the bond in nrculation." Justice Jones considers the authorities cited, and especially notices the Virginia case quoted in the respondent's argument, and then goes on to >ay: "The real point of inquiry is, idmittiiig a valid and strictly negotiable paper in the hands of a bona fide liolder before maturity, how far can intervening circumstances affect the litle ot the holder? The general rule s that payment before maturity is io defence against a subsequent bona lide holder l.'or value before maturity. It is the duty of the maker paying lie commercial paper before maturity o take reasonable precaution to present its restoration to circulation by tccidenf to fraud." Numerous eases >n this line are cited. State Responsible for Agent's Acts. I' urthcr on Justice Jones says; ' I'lie principle that bona fide holder ' 'innot acquire title where there is ibsolute want of power in the stale >r its ollicers to issue negotiable pn>er has no application in this case, he bond in question having been originally issued by due authority. The udder is not claiming by any reissue if the bond after its redemption, but >y virtue of the original issue and lis relation to it as a bona fide holder inaffected by intervening facts. The laim is not that the treasurer or any no in his office had power to rcisuo the bond, but that he was charg'd with the duty to keep out of circulation by cancellation and that his ailurc to do so was the stale's failire. It is true the doctrine of estoppel n Pais does not apply to a sovereign tale, and thai the state can only act inder its constitution and through he legislative enactments, and that, herefore, contracts cannot be created against the state except under sancions. But here we have a bond of he state issued by due authority of he legislature which the representaives ot Ihe stale failed to cancel, as Iireeled by statute, and which is now inder Ihe law merchant, the property >f the relator. It may be further said hat the right of the bona fide holdts of commercial paper under circumstances like these does not rest vholly upon the law of estoppel, but s grounded upon high public policy vliieh is "subserved by making him secure in his title." The argument that to recognize the >ond will be to increase the debt of he state illegally is noticed in the pinion and disposed of as follows: "It is urged in behalf of the respondent that the recognition of the loud in question as a valid debt of he state, when it has already been 'edeemed by the issue of stock in xcliange, would result in increasing he delq of the state in violation of lie constitution. Section 11, Article 0, which forbids the general assetn'ly from creating any further debt r obligation without first submitting he question to the qualified electors, te. As declared in Whalcy vs Gailurd, the obpect of the similar proision in the constitution of 186R was o place restrictions upon the power f the legislature to contract debts. It as no application to a case like this, 'he bond in question in the hands of lie relator is no new debt at tempted r> be created by the unauthorized act f some officer or even by the judglent of a court, but represents the Id debt provided for in the statute, ntliorizing the issue of that series of, Alhls." Having thus established the relit?r s title to the bond, tin; opinion 1 imsiders the method proposed to comel the recognition of the bond and I olds that there is no other adequate ?grtl J'einedy than mandamus. It is iierefore ordered that the writ should <sue. All Stolen Bonds Valid. The effect of this decision is to ecognize the validity of all the bonds .bich were stolen from the office of lie state treasurer, and the treasurer .'ill be compelled to exchange them or certificates of stock when present <1 by the holders who prove their onest title thereto. Action will also be begun to reover the amount lost from the threo tale treasurers, Hates, Timmerman nd Jennings, or their bondsmen if iceessary. It is very likely, howver, that these three gentlemen will unke good their respective liability without litigation. Those dissenting are: Chief Justice 'ope, Associate Justice ft. ft. Gary, md Judges ftrnest Gary, Klugli, Vince and I [yd rick. The dissenting opinion by Eugene Gary, after reviewing the history ?f the case, 'says that the first quesion is on the riyht of mandamus of lie petitioner, bringing up the case of "SCION 10 FROM UU OIMOUA nors Loid, Ireasuer, wlioro ilio court held Hint mandamus will only lie in enforce a ministerial duty, not ;i discretionary duty. Tl>^| opinion tlion says that wlicn a bond is surrendered and a certifieale of stock issued in exchange, it lost its legality as ;1 <nl)sisting oldiuat ion of the state and cancellation was n<d a condition precedent upon which the validity of the certificate ot stock, which was to he issued in exchange, depended, and such requirement was required simply to prevent traud after transaction between the holder of the bond and the state had terminated. The question," the opinion continues, "whether the petitioner is a bona fide holder is not ministerial but strictly judicial in its nature, and the action of the treasurer is not subject to review by this court. The attorney rencral, however, did not u:ge this (pies!ion nor the question as to the aclual notice the holder had that the bom! was not good, and however the 1)1 of the treasurer to issue a certificate of stock is a question of power and must be determined under the act of 1892, which clearly shows that the legislature had under contemplation hut one issue of stock for a bond, and the treasurer is not authorized to make a second issue." The bond.debt cases arc quoted |o uphold this, where the court held that bonds in the hands of bona fide holders can only be regarded as valid debts. As to the issuance of additional stock Justice Gary holds that it' the Act be construed that way there would be no reason why there should not be a third and fourth issue. The case as quoted above, that bonds issued without authority of law are \oid even in the hands of bona tide holders, is (dearly law. The opinion then holds that if the duty enjoined upon the treasurer to issue a second certificate is not ministerial the court has not power in mandamus proceedings and the action is in effect a suit against the state, which is unconstitutional. Marriage in the Catholic Church. Tablet. Christian marriage is not a man work but a (rod work. It is not merely a covenant ot two between a man and a woman who take each other, but a conenant of three-?the man and the woman and God, who joins both, and accepts into Ilis own immutable hand the consent of both, and seals it by an infusion of the lloly Spirit into their souls. Christ has thus ex* alted the contract of matrimony into a sacrament of 'Christ act, one in which He Himself is the united, bind-J ing together two souls in a bond which is a type of the union between Himself and His church. Ilenco the unity and indissolubility and sanctity of Christian marriage, in which (iod Himself joins together what man may never dare to put asunder. As] (iod s work it is God alone who can make it or unmake it, and as a sacrament of Christ it belongs to Christ j and to Ilis church to fix the conditions of validity nnler which that work shall be effected. The "work is a sacramental union of souls, and by its ver> nature a matter of morality and of spiritual relation of souls to God and to each other. Tu the creation of such a hond the state, whose province is purely in things temporal, can have no possible competence. The state may indeed by its legislation declare what are the conditions under which it will accord to marriages civil recognition and civil effects as to civil status and inheritance and other -temporal consequences, but over the making or unmaking ot (lit marriage heml itself il has no control. It cannot make two persons man and wife before God; neither can it. unmake them. The stale ol its own authority can no more make a marriage valid or invalid in the e,\ es ot Christ than it can forgive sins or offer the sacrifice of tho mass. -MAN HEARTS." E TO-NIGHT. "Human Hearts." The forthcoming visit of "Iluma Hearts" will no doubt be wanul I welcomed by the lovers of all that i good in melodrama. "Human Hearts is beyond ?111oslion, one of (lie stronj | i'sl ami most interesting of plays tlui j lias ever visited our city. The autl lor belongs 11> that all too small g'rou of dramatists, who understand ho I to roach the heart and hold the al tent ion of the audience. In "Iluma Hearts" he has constructed a pla that will never grow old. The princi pie theme of the play is 'Hope,' an has not some author written "Hop springs eternal in the Human breast.1 'Hope,' the one bright ray of sui shine that breaks through and illurr ines the clouds of despair that a most overwhelms poor 'Tom Logan' the 'Hope' of a good, pure woman1 love; the 'Hope' of brighter days, tli 'Hope' of an honest man unjustl accused ol crime, that the crimin: will be detected and his yood nam restored. The author has handle* his subject with consumalc skill an ease,that shows.the true dramatic it stinet. The love interest is all r absorbing. The comedy element i introduced in such a way, that it b< comes relevant to the story, and tli climaxes arc worked out. naturall and logically. "Human Hearts" will be seen r the opera house Tuesday, October : Every bride should possess a lot c patience and a cook book. JAMESTOWN EXPOSITION. Rates from Newberry S. C., as fo lows: Season Ticket $10.55. Sold dail April 19th to November 30th. GO Day ticket $16.30. Sold dail April 10th to November 30th. 15 day ticket $14.30. Sold dail April 10th to November 30th. Coach Excursion $S.55. Sold eac Tuesday, limit .10 days. Endorser "Not good in parlor or sleepin cars.'' Through Pullman sleeping cars, vi Atlantic Cost Line Railroad companj Write for a beautiful illustrate folder containing maps, descriptiv mater, list of Hotel, etc. For reservations or any informa tion, Add ress, T. C. White, General Passenger Agt. W. J. Craig, Passenger Traffic Manager, Wilmington, N. C. Worked Like a Charm. Mr. I). X. Walker, editor of that spicj tournal, the Knterprise, I.ouisn, Va. jays: "I ran a nail in my foot last we el and at once applied Ducklen's Amies salve. No inflnmation followed; tlx salve simply healed the Wound." Heal: sores, burns and .skin diseases. Guanv Seed at W. I\ Pclham & Son, Druggists fa a soothing, healing halm containing no drugs having a narcotic effect. It RELIEVES quickly and soothes the congested membranes and thoroughly heals and cleanses. Valuable not only for CATARRH but relieves colds, throat troubles, hay fever, "stopped-up" nose, etc. W Guarantee Satisfaction. Buy 50 cent tube of Nosuna from W. Q. Mayes & Prosperity Drug Co 8.. IJ"WSZS Found at Last. J. A. Harmon, of Li/.emore, West Va. says: "At last I have found the perfec pillgthai never disappoints me; and fo the benefit of others afflicted with torpi< liver and chronic constipation, will say take Dr King's New I.ife Pills." Ouar an teed satisfactory, 25c. at W. lv. Pelhan & Son, Druggists. NOTICE. Notice is hereby given that we will make a settlement on the personal property of J. W. Humbert, deceased, in the office of the Probate Judge for Newberry county on Thursday,- the 10th of October, 1907, at 11 o'clock, a. m. M. M. Humbert, Executrix. Jno. M. Kinard, Executor. Sept. 9th, 1907. CALL AT The Herald and News office for -.school supplies. n New Market. ? I have opened a first class i u Meat Market on Friend street, j? ^ next door to the Observer office, it ?? and am prepared to furnish c choice meats of all kinds. lb [[ All orders entrusted to me 0 p will receive my personal at- ^ tention. Come to see my market. ^ y It is the cleanest and most up l" to-date market in Newberry. J. A. WRIGHT, p Friend Street. c< [? Phone 232. I- ? How lo Remain Young. T 's To continue young in health and ? 0 strength, do as Mrs. N. 1\ Rowan, Mc I Donongh, Ga., did. She savs: "Three I, bottles of tCleetrie liitlers cured me of I il, chronic liver and stomach trouble, coin(i; plicated with such an unhealthy cotulij lion of the blood that my skin turned red ' as flannel. I am now practically 20 years d younger than before I took Electric Bit- M 1- ters. I can now do all my work with jjj, case and assist in my husband's store." Guaranteed at W. K. Pelhani & Son's p( ls Drug Store. Price 50c, ui e Saved Her Son's Life. y The happiest mother in the little town of Ava, Mo , is Mrs. S. Ruppee. She . writes: "One year ago my son was down Pi with such serious lung trouble that our I. physician was unable to help him; when, by our druggist's advice I began giving him Dr. King's New Discovery, and I if soon noticed improvement. I kept this n treatment up for a few weeks when lie 5 was perfectly well. He has worked steadily since at carpenter work. Dr. r. King's New Discovery saved his life." Guaranteed best cough and cold remedy . by W. U, Pelliain & Son, Druggists. ?] 50c. and $1.00. Trial Bottle free. J 7 y< 'i a Z H % Mfj J i Jj^\j A r*?yn<li 1907, Otwull At* Newberry, S C, , ^ Dear Friend: ^ I don't see how H macaroni. I don' $> get the hole in i ^ says this is a go ^ cause it wont lum # stomach. And my, how goo ? with a little che ^ over it, and they 12 1-2 cts a pour H and 20 cts. a pou . ^ fresh cheese. Your fr ? P. S. You can al ^ macaroni and chee t ? JONES' ( J J Fant'i I 1 X UUSUUJ'f ueiDDSl' J., XUUf. You have no idea how delicious candy can be, if you've lever tasted ours. The art of laking and buying candy has eached the point of perfection rith us. If >URE, FINE CANDY ?i ; what you desire we can give J to you. A sample of our K hocolates, walnut kisses. Jnut V rittle, and a hundred and one j ther varieties will convince , ou. THEO. LAMBRY, ! 'he up-to-tl e-minute Confec- 4 tioner and Fruiter. | ositively the only big show "A oming to Newberry this year Tuesday, Oct. 1st. he highest class exhibition in the world ;untryBros.Slflws j Twice Daily--2 and 8 P. Nl. m ore educated animals than all other lows combined. 50 new acts by 600 irfectly trained Four-footed Fun-furisliers, . SEE il The Marveloua Juggling Norman*, The Wonderful Flying Zeraldaa. 1 ositively the greatest Feature Acts e.ver seen beneath a canvas. BEAUTIFUL ALL NEW TREET PARADE-Don't Miss It eaves exhibition grounds 10:30 a. m. ne ticket admits to everything. Doors pen for inspection of Menagerie at 1 and p. 111. jg M : I * ,; f1 j j 1/ | ' cobs <& ') /reminder. ^ j iS \ 1 ^ (j Cr, C*|? i| l Oct. 1, 1907. ? 1 1 they make t see how they t I t. The doctor ^ I od thing be- & p in your m / 1 d macaroni is 4. ~ i ese sprinkled J are cheap too. ^ id for macaroni ^ \ J nd for nice _ r ( J 1 i end, fe ( Jacob . + / I wa.ys get fresh 9 / | J ise at ^ 1 GROCERY. ? | s Old Stand* ^ . 1