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0. CHARTER RErUSED.
c Session of Supreme Court
in Decision That the
Act is Uuconstitutional.
umbia, November 27.-The Car
na, Clinchfield and Ohio railway
1 not be chartered under the do
tication Aet of 1909. After sev
hours' debate, the judiciary of
State(. which. includes the su
me court justicess and the circuit
, tonight declared the act un
titutional by refusing the writ of
damus. Thus is ended the legal
e that began during the p.ast
mer, when Attorney General Lyoa
e his opinion that the aet was in
olation of the. constituton, and the
Chartei wis refused by Seeertdry 6f
State McCown and this action is now
upheld by the court en bane.
The~ opinion declaring the act nn
constitutional is by Justice Engene
B. Gary. and is concurred in by Jus
tices D. E. Hydrick, who writes a
separate opinion, and C. A. Woods,
and Circuit Judge Ernest Gary, J. C.
Klugh. Geo. W. Gage, C. G. Dantzler,
Jno. S. Wilson, J. W. Devore and
R. C. Watts. The dissenting opinion
by Chief Justice Ira B. Jones is con
eurred in by Circuit Juidges Geo. E.
P;ince, R. W. Mem minger, who writes
a separate opinion, Robert Aldrich
and S W. G. S-14pp. This shows . that
ten of the judiciary were for the re
fusal of the man4ain-' 6'na five were
for the granting of the charter., The
supreme court was divided, one for
the dharter'anid three against the
Judge Ernest Gary wrote: "I con
.eur in this (the main) opinion and
also in the separate opinon by Jus
Justice Hydrick makes a sweeping
statement in concluding his separate
concurring opinion, saying: "In view
of which I take of the proper mean
ing and construction of the constitu
tion the case of the Southern railway
vs. Tompkins, was erroneously de
eiided, and should be overruled, as
was clearly pointed out by Judge
.Watts in his concurring opinion 1n
Wilson vs. Ry-., 64 S. C., 169- ' Mr.
Hydrick stresses the question of re
- moval of causes and points out tha!
the main object of the framers of the
coastitutional -section. was to place
fofreign corporations upon the sami
~footing with domestic corporations.
State Not To Lose C., 0. & 0.
Colnmbia, Nov. 28.-Although th<
Supreme Court lias ruled the Act una
der which the Carblina, Clinehfiek
and Ohio Railway was seeking
eharter in this State unconstitutional
South Carolina will not lose the road
The officials of the road have made
no definite statement as .to whal
cours&.they will pursue, yet it come!
from an anthoritative source that th<
eomany will' accept the decision o~
thre~ Court most cheerfully and wil
ry to fird some means by which then
may enter .the State and meet al
'requirements of the law.
-"The Carolina, Clinehfield an<
Ohio Railway," said Mr. Jame:
Byrne, one of the leading' ato'rney
for the road to-day, "had--no 'desir
ecept to become a domestic corpor
.ation for the purpose of operating
rogh line under -one management
The ourthas decided that the Ae
of 1909 'does not provide a constitu
tional way. The Clinehfield Railwa:
will accept this' decision as cheerful
lv as possible, and will endeavor ti
ind some other way by- consolidatio]
or otherwise under. the laws, abou
the constitutionality of- vihich iio on
will have any doubt. I assume tha
joint rates will be put in force be
tween t:he. South and Wost.?ineR,ail
ay of Sputh, Carolina and the. Car
olia, Clinchhaeld and iOhio."
Which Did It?
A minister in his walk saw a stone
maason who was trying to break
large .stone with what seemed a ver,
small hammer. "You never can d
it " said the. minister. "Sure, siu
that's all yon. know about breakin
~ons," replied Paddy, as he . ha~
~ered away industriously. Aft-e
hundreds of these .peekings ther
came a slight crack. A few more an
the great stone fell apart.
'Now," asked the Irishman
4would your honor tell me whic
* one of these blows it was that brok
t:.he stone?" "Why, the last one, t
*be sure," said the minister. "..her
you're wrong, sir," was the repl:
"'It was the first blow, and the ias
blow and all the middle ones, sir."
Sale of Personal Property.
I will sell, on Tuesday, Novemb<
30. beginning at 10 A. M., at the la1
residence of Jas. S. McCarley,the fo
owing personal property:
Don't put off buy
it is too late. I h
your kitchen to P
&The house beautiful is made up of
and one of the most important of
dining room. Your dining roo1
needs your special care in selection.
can you find s)> wide a r inge of s
price within your means as at our
you seen our dining room set at
WHAT EXPERTS S
About our furnitu e is what eve
In design it is the mos elegan and
style it is faultless and novel, and in
durability and finish it is unsurpa
are high qualities) but the facts'
I-have a nice shipmer
come and look them ov
1 mower. ..
Ij disc harrow.
Cor.n,fodder, hay .peas, Cook's
cotton seed, and all farming imple
Terms of sale:-Casha.
- Inez McCarley.
Nov., 13, 1909:
Mrs. Alice Robertson
Teacher of Piano. Voice and
eIStudio 1218 MWain St.
Open Moncday -Octo3ner 4.
Monday, Tuesday, Thursday, Frida.. Saturday
SNOTICE TO OVERSEERS.
All overseers of public roads in
Newberry County are hereby ordered
tto give their respective sections the
-full six days' work, as required by
law, by December first next. Over
seers and road hands liable to do road
duty failing to comply with this or
der, when reported to this office, will
:rbe prosecuted. All overseers are also
eordered to file their returns with
Seither of the undersigned by Dec.
By order of the County Board.
L. L. Feagle,
H. C. Holloway, Clerk.
M. B. E
ing that Suit and
ave a complete st
This is our Gel
It contains 80 coi
these is tfie
election at a -
We have a bea
ranging in Orice :
y one says.
ssed. These This No. 8, 20
ie self evi - one of the larges
for only -
t 'f Neat and Up-to-date
er. it is a pleasure for 'a
- TRESPASS NOTICE.t
The undersigned hereby forbid b
trespassinig upon' their lan.ds either E
by hunting, fishing, or in any other p
manner. This also applies to stoek
running at laige.p
Mrs. W. F. Ruff, a
Mrs-. John F. Banks, 1]
J. W: Lominiek, o
G. H. Sligh, p.
R. C. Sligh,.s
P. R. Haliman, .a
W. F. Koon.
Mrs. Anna Shealy-. a
, H. H.TRuff.
STATE OF SOUTH CAROLINA,
County of Ntwberry. e
. Court of Common Pleas. e
Louisa Dominiek, et. al., Plaintiffs,
Willie Dominick, et. el., Defendants.
I n compliance with an order of the
Court herein, I will sell to* the
highest bidder ,bef ore the Court.
House at Newberry, S. C., Monday,
Salesday, December 6th,. 1909, dur
ing the legal hours of sale, all that I
tract of land lying and being situate S
in Newerry County, State of South t
Carolina, containing thirty-three and 1
three-fourths (33 3-4) acres, more or S
less, bounded by lands of H. L. Dom
inick, J. B. Dominick, "and Marion 1
S. Dominick, the same being a part t
of te tract of one hundred and ten; c
Iacres purchased by Henry P. Domi-: t
nick from George H. Taylor, as ev
idenced by deed dated 7th day of;
March, 1887, and recorded in the
...str .f.o. N.ewberry County in I
Stove or Range and Oc
ock of everything to
iber that my prices arl
ebratedGold Medal Springs.
Is of te rerd wire. Pfice
tiful line of Mattresses t
from - - -t 4
inch oven, with forty. pieces of a
t and best stoves ever sold $2.
Rockers bought, and upon ti
to show our goods and we wo
ed Book No. 17, at page 50, the
iirty-three and three-f our4hs acres
ing The part of said tract# of which
enry P. Dominiek died seized andt
> s essed. '
Terms of Sale: One-third of the
n-eha1se "money to be paid in cash,
Qd the balance in twop equal annual
istallmeits, with interest from day- AL 4
E ale at the rate cof eight per cent.
er annum, the credit portion to be
cured by a. bond of the purebaser
nd a mortgage of the premises sold,'T
!ith leave to the -purchaser to pay
[I his bid in cash. -
The purchaser to pay for papers
d rcording of same.
Mortgage to p'rovide for a ten per W
mnt. attorney's fee in ease o,f fore- ---
Losure or collection ,by an attorney.
H. H. Rikara, .UG
Master for N. C., S. C.
Nov 9, 1909.
VALUABLE STOCK FOR SALE.
The undersigned executors of Mrs.
,ou A. .C. Wicker will sell, at public
ale, on salesday in December, 1909,
e following stocks, of which the
aid Mrs. Lou A. C. Wicker died
eized and possessed:
10 shares in the Newberry Co:ton
ills, 10 shares in the Mollohon Cot
on Mills, 5 shares in the Commer--j
al Bank of Newberry, 30 shares in
be Farmers' Oil Mill. C
J. H. Wicker,
W. J. Wicker.
Executors of the Estate of Mrs.
- A. Ce Wicker.
Id Piece of Furni
furnish your ho
y made to suit yc
Here is the great<
ever offered. ABSOI
$5G cash trade and a <
are, $1.50, this paymentt
50 and,,cage charge.
eir arrival will be glac
uld be glad to have you
10095 ON IIAND ARE
Pay What We
MUST HAVE I
ods Must be Con
ur Money Will DC
Service Here T1
or Loss is Your
:ash payment of
o cover express
I to have you