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I ||e jtralfi and jjans. .Entered at the Postoffice at New'<*ny, S. C., as 2nd class matter, E. H. AULL, EDITOR. * I Friday, April 16, 1915. Next week we will tave with us the Sunday school workers. This week "we have had the Red Men. We will do out best to make the convention a successful one, and we generally do irtiat we undertake. We notice tbat the dispatches say that operations have been resumed on a small scale at the Dardenelles. If the allies expect to get through these straits they had better start on a large 6cale. Gov. Manning has "allowed" the new j appointee as superintendent of the j asylum a salary of $6,000 a year. He "will "borrow the money monthly on his personal endorsement" to pay it and ask the legislature to endorse his action. Of course, we presume the legislature will do so. This is just .+ n-iorv fVta 'ealarv +!'- a trnVPrnOT* himself * AVt tut OUIW-* j W ? \_ QW ? , receives. and nearly twice the salary of the chief justice of the supreme court. In fact it is the largest salary of any State official in the State. It is a new prerogative the governor is fViof r\f rnAroacimr Sflla.riPR VI AiiVi MW.w. in this manner. And it is a new method of increase. We are pleased to note that Gov. Manning!:as followed the suggestion of The Herald and News and revoked the appointment of a foreigner and selected a South Carolinian as superintendent of the asylum. We knew that there "were physicians in South Carolina that could fill the position and who would undertake the work. We do not exactly endorse tf:e governor in 5ns course of doubling the salary, however. Dr. iWtilliams is a goM man'and we believe will fill the position acceptably. With taxes as high as they are tHis is not a gooa lime 10 ue muitrdsing expenses. And the governor should remember that the next session of ti_e legislature will be the last one before another accounting before the people who have the taxes to pay. (And the members might be just a little more ? * ' "* tenaeriootea in tne maw-iug ui <iuuitional appropriations. Probably they will do as tf:e governor dictates. NOTES ON APPOINTMENT OF PARDON' BOARD. IWhen the new pardon board was appointed by Gov. Manning a few days /^oilrr nowenanorc r^nrvrtin S? ttgV/j uuiij uv ?? ^ jf w - - 7 the appointment first stated that the appointment by Mr. planning "automatically removed" the present board, which was appointed by Gov. Blease. A few days later, the same papers stated that the terms of the old members of the board had expired some ' time ago. The statute as to the appointment of this board reads as follows: "Section. 885?One of tfce said board sfrali "be appointed for one year, and until bis successor shall be appointed and qualified; one shall be appointed for two years, and until his successor shall be appointed and qualified; one for three years and until his successor shall be appointed and qualified; after "which the terms of office sfcall be tferee years; so that the term of one member thereof shall expire each year." We understand that the members of the present ' board, Messrs. Magill, Turner and Craig, were appointed by DTaa^/v a ttao rc 1 Q1 9 1 Q1 Q o"?1 1 vru v. DICaJC 111 Li- C Y ca i o jlvjlv UHJ 1914, respectively, so that under th?? statute creating this board, their terms expire in the years 1915,1916 and 1917 The statute relating to the appointment of the State bank examiner reads as follows, in part: "Section 2645? The term of office of the said bank examiner si:all be four years." it will be Tecaned tnat m April, iyif, Gov. Blease issued a proclamation reciting acts and omissions which 'ce characterized as neglect of duty by B. J. Rhame, State bank examiner, an.l declaring that he did thereby, for the imputed neglect of duty, remove Rhame from his office. That case was taken to tine courts, and Mr. Justice C. A. "Woods, who was then on tfce supreme court bench, now a federal circuit judge, in writing the I opinion of the supreme court of So'itc Carolina in that case, said: "The question then comes to tr.is: v.hen a statute creates an office to be filled by appointment of the governor and fixes the term for wliich the appointee shall hold, but confers upon the governor no power of removal, does tl'r.e governor, nevertheless, ha..e the power of removal under the constitution or the statute law of the State or tfae common law. "Laying aside for the moment the i constitution and the statute law of t>e State, we consider trte common law rule as established by judicial expression. Surely, men of common seus?v learned and unlearned, would be surprised to find the law tw ue that when | 0-e legislative department has created ! an office to be filled by appointment j of the governor and extended and lim-1 ited its term to four years, yet sthe j governor could at will shorten the ! term by removal, although no power or removal has ueen conferred. Such j executive power is denied by : bot.ii reason and authority. Tile j governor, as chief executive, has no prerogative control over officers such as is held by the king of Great Britain. The power of removal from office, therefore, is not an incident of the executive office and exists only wtoere it is conferred by tire constitution or by j the statute law, or is implied from the ! conferring of the power ^pf appointment." I The finding of the court in the R!_ame case was that where a staate creates an office to be filled by appointment by foe governor, and fixes t-^e term -for which the appointee sha:i hold, but confers on the governor no j power of removal, he has no power under tl.:e constitution, the statute low /-vt. tin a. fnmmnn law to remove him. There is nothing in either the pardon board statute or the bank examiner statute providing for a shortening of the term or removal by the governor, or for an appointment for an unexpired term, and it seems to a layman, from a cursory reading of t?e opinion in the Rlhame case, which ia A - - s nc* nt n - x 4 Zr o f reported in yz s. u., ai page too, uac i as the lawyers and judges would st^y, it is a case "on all fours" with the case of the pardon Board. It will probably be urged, however, i that the Blease board was only ,ip-1 pointed for an unexpired term and | that ti:ese unexpired terms have at last j expired. ' . In tJMs connection, our attention has been called to an opinion of the supreme court, set out in the same volume of South Carolina Reports, and / ?1 "VC11 C? wriuen Dy me same juuse, iui. ??wuo, i that case being McDowell against Bsr- ! nett. This was a case in reference tc | the term of office of a magistrate, i Under the constitution, magistrates I i I "shall hold their offices for the term of two years and until their successors are appointed and qualified." The supreme court held in that case that a statute of the general assembly pror viding for the filling of a vacancy in the magistrate's office for the unexpired term was unconstitutional, and without effect, and that when the magistrate was appointed, confirmed by tJbe senate and qualified, ms tenure was not for an unexpired term, but for a full term. Applying this principle, when the members of the Blease board were appointed, their tenure was not for an unexpired term, but for a full term of three years. It seems to us that the cases are analagous all the way through, ana we presume that it is tine law. as j these principles were laid down by j the court of last resort in South Caro- j lina. Is it possible though, that such j constructions of the. statutes as were made by the supreme court only applied to t':e actions of Gov. Blease, and that now thev may be set at naught by Gov. Manning? It begins to look so, and that Gov. Manning, as j chief executive has prerogative control over officers snch as is held by binr* nf CrPilf Tlntain -f rv Cjnnromo I 11IC Alll^ VI W* vWt court of the State of South Carolina to tfce contrary notwithstanding. We have not noticed that the governor has requested an opinion from the attorney general on this subject. He may, fcowever, have called on his "legal adviser," for which an appropriation of $2,000 was made at the last session of the legislature. It will also be recalled that during i 1 Gov. Blease's administration, he did ! not with all of his imputed "parti- j i sansnip,' attempt to remove tho oics \ | board, but they continued to hold ^n 1 and fr.eld their quarterly meetings ( drew their pay and I. ad no petitions referred to them by the governor. iWIe were just wondering what somcJ of the papers would Cave said if t:e | governor's* predecessor, when he appointed Br. W. G. Houseal superintendent of the asylum, had at the same j time guaranteed an increase of salary from $3,000 to S6.000. Tt <?#>pms to I us that such a dictum from a governor is unprecedented in South Carolina. The retirement of Col. S. H. Hardwick from the active service of the Southern railway takes from that company one of the finest gentlemen any corporation ever had in its service. The Herald and News hopes he may live many years and enjoy the bless-1 ings of life in his Southern home. ? | ( Ed DeCamp writes a column ed-1 itoriai on :.og raising in a recent is- j sue of the Gaftney Ledger. Wonder what Ed knows about -cgs. ( A letter has been addressed t'nis I week to each subscribed whose , time has expired requesting that he : send at least fifty cents on his subscription. The date of expiration is stated in t'-e letter. It is not our purpose just now to adhere strictly j to ti-e cash in advance system, but we do not desire to have many whose time shall get too far in arrears. We say a minimum of fifty cents because that will place all of them up to date. Fifty cents is a small amount to each vsub-' scriber, and we hope that each one w?o i1 receives the notice will send that j amount promptly. It will !;elp us very \ much at this time and will not incon-; VAni Ar?na /\v> *a r\ott tmif ! auj uiic tu yaj. uu liut ^ui j it off. Attend to it at once. This has been clean-up week. Wonder if every one has obeyed the order to clean up premises. It is necessary to keep on cleaning up. Once a year does not do much. good. And how about that dump pile out the Belfast road? The Carrier. Farm and Fireside. He comes with all the inevitability | ] of death and taxes, but unlike them j hp is alwavs a wpknmp fallpr T.^ ht? : 'sure, he is oftentimes charged wit'.i j. messages of bereavement, and notices j of liabilities and of unperformed duties, but for all tl.'.at he is welcome. It is not his fault that he is not al- j ways a bearer of messages of gooi cheer. / He would rather bring good news, [ but so long as he is the nexus between ! up o r? /I 4- Vl /~v /Miff?/? a Tir#Nw1 /i i n n . > I i uo aim i**c uutoiuc \>uiiu, wuicu i?> vi.i j affair of both good and evil, the fault | is witia the world and not with the rural mail carrier if the evil sometimes : I predominates. i He rises while it is still dark, ih-I! I whatever may be the weather or toe I i 1 roads, he brings the world to our doors.!. ; He is the very type of faithfulness, j Should this nation fall, as nations ; 11 are doine: in otlier and less favored i I w climes, our first noticeable loss would | be bis daily visits. Tbe rattle of hio buggy down the road says to us all, "God lives and the government at Washington still exists." Other functionaries of the government are bur-' dons on our shoulders, but the mail carrier bears our burdens. He, more than steam, electricity, or the telephone, annihilates distance for us. j, I ay ms iaDors we join aany in tae \ thought of the world. He enables us to become a really I united people, reading and thinking | the same things at the same times. He even brings to us the criticiici of the very government wLich sends | him to our doors with such unfailing j regularity?and when the word goe^ i out through the press that he, tho | mail carrier himself, is a heavy load j on the government, he delivers to us . the indictment with a smile. He is the guaranty of the notion o era in f f f V? r\ /-j l t?i oi r\-r? nf + V> / - inf a ? i ' L tnc uiviciuu yJL lauu mu a j . peasantry and a plutocracy, for tie | serves Thought?and Tihougl'at alone : I can make and keep a free people. Here's to his health and his family, 1 may he live long?and prosper. ? "Line Busy." A new farmers' telephone line havj ing seven subscribers has just been ! connected with the Prosperity ex: d:.ange of the Southern Bell Telephone company. The line extends four miles out the Delmar road and( furnishes service to the following well-known people: Augustus Hawkins, Eddie Merchant, ( Miss Mary Enlow, Mrs. Harriet Boozer, i Bun W. Boozer, W. Shelton Boozer and TIiOS. J. Boozer, Sr. The subsc-ribeds on the line are now in constant telephonic communication with each ot er and througi the Southern Bell excnange with telephone users in Newberry county. The construction of this line and its connection jvith the telephone exchange here is anoi! er stop in the progress of telephone development which is being made by the residents o?-the rural sections of Newberry county. Under the plan of the Southern Bell com-1 pany farmers and other rural dwell- i ers are enabledNto secure telephone; service on an economical basis. As a result, farmers in all sections of t.e Stmte are installing telephones in tr.eir j homes. His Reputation. IA surgeon, whose work lies largely am^ng foreigners, tells the following story which happened several year* ago: A woman who i. ad very little the matter wit! her, was so interested in her own case that she talked about it every time opportunity afforded. One day she said to the doc-tor: "What would happen tc me if I cu t not come when I did?" "03, you prcbaly would have died ii j you had come any sooner,'' replied v ? i doctor. The woman got well, and the doctor dismissed the case from his mind. One i day, however, a neighbor of l.e woman appeared with a bad deformity which was growing rapidly worse as time went on. "\\l y didn't ycu come 10 me sooner with this?" he demanded. "Veil you know Mis' Yolinson?" "Yes," nodded the doctor. "Veil she tell me saiy if dey com'-1 vaii tnn von kapl dem." " " i ! Judgre the Laneruvige. j Dr. Hans Ricliter, who has resigned the honorary degrees conferred on1 fcim by two of the English universities, lived in England ten years, but never , became proficient in ti e English lan-! guage, says the London Chronicle i Many amusing blunders of his used to j be passed around in -Manchester. "She is not better; if she does nor jj die, she swindles,"' he told a member j| - - i- : 4-^4- ' E oi nis orcnesira w..o ueu.nng o ai | Frau Richter had been ill, inquired a* i to her progress. "Schwindel" in German means giddiness or faintnefcs. Subsequently it was decided that Frau Richter should stay by the 'sea j for some weeks, and i'*er husband ac-j companied her to New Brighton, returning the same day for a ,conc?rt. A friend overheard him saying at the booking office: j "Gi^ me two tickets, one for me to il onmo r>rio fnr mV "wife HO*. il , ' ! to come back. ; i i j . The Man?Of course, you under stand, dear, that our engagement must j be kept secret? 'The Woman?Oh, yes, dear! I'll tell! everybody that.?New York American, i >OTICE OF ELECTION.* j Fursuant to the authority of an act of the General Assembly of tl':e Srate j of Sout?.i Carolina relating to Newberry j School District, passed at the last session thereof, and resolutions of tro Trustees of Newberry School District, passed in pusuance of said act, an elee-j tion will be held at the Council ('ham-! ber in the town of AewDerry on me , 13tla day of May, 1915, between tiie | tours of 8 o'clock in the forenoon and j 4 o'clock in the afternoon for the pur-j pose of voting upon the question of continuing the one mill levy, hereto- i fore levied for the purpose of repairs j and improvements to buildings, as an ; addition to the general fund of the district. Those voting for the continuance of said levy shall cast a ballot; whereon shall be written "For con-! tinuing the one mill levy." Those op- j posed, a ballot whereon is written j "Against continuing the one mill le<. v." , The qualified electors of said di->-' trict are alone to vote at said election. I Said election will be conducted by ' J. M. Bowers, A. C. Welch, H. L.' Speers. who have been appointed man- :' | J- J i. AT agers to conauci uie s<imc. W. A. McSwain, W. G. Mayes, L. W. Floyd. L. G. Eskridge, | J. Y. Jones. STOCKHOLDERS MEETING. The annual meeting of ti:e stock- j holders of the Newberry Cotton Mills will be 'held at Newberry, S. C., Wed- j rtesday, May 5th, 1915, at 10 o'clock. GEO. S. MOWER, Sec. I DR. F. C. MARTIN Kye Sight Specialist ^ Examines the p-rv Without the use of drugs. Satisfaction Guaranteed ; I Dffice over Anderson's Dry Goods I Store. [ ni| Jail , t 'i '/ :' Vrj?&* ' ; ji v^- Lx* J^SM :?/' :-'1 r ;1 !' ." *t:? t--iV ' < "1 < : V ? ??* {*> Jt> 't, 'Ar - ft ?lV " ; * r ^/wyvJL'iK rr# jfc'Syp- vrs^'jl '7 <?? Leaky rubber goc cnrl r-? Qi7nv o ^rvm-Frvvl ciiiu. a We guarantee al rubber to give satis refund your money, gloves to protect y cleaning with stroi soapy water? GILDER 6 The Right E Baby Chi Will save ? of your lit C K/i T7-w-r~< U. !??. l^vai w?wKJiMfWMn MSB?MB?Mi HOW WE FILL I We give individual care ar vice when we fill your pre* rlrmp ir? Qfript arnnrrtantfe w tion and when the finishec to you, you can be sure tha tific compounding. NEWBERRY DR aammmmmmmmmammmmamBSssssssBmmm r llll'l Mil liwmilill I IIIlll 'II IlM VERY iLxcursio VI. Southern T( ^/Uiui ACCO" United Confedc Rem OF SOUTH The Southern Railwaj trip tickets to Columbia, : casion. .Tickets on sale . for trains scheduled to rea< April 23rd, with final limit 1 1 4 A point prior to mianignt Ap lowing fares will apply: $1.75; Allendale $1.80; A] $1.55; Barnwell $1.50; Bla $2.85; Gaffney $2.60; Gree $1.95; Newberry $1.10; Uni ! Chester $1.55; Yorkville 3 fares from other points. For further informatio or address t n pnm-wsrvN n P & ?J xy, livyjl_Vv & . .w Columbia, S. C. S BBBBHBWBBHQBnnm * / fi -i' r; K. v '"^/a | : ? :? "tfu M tL r <*f > ~S r 1 H ' %i&v W8~&t J| f y / rV t at iw&Hi ids are a nuisance t. I our articles of j faction or we will I Ever try rubber V rour hands when ng solutions and % fc WEEKS >rug Store. i ??, ick Food \ >0 per cent J tie chicks. 1 USiX.iJUil PRESCRIPTIONS id a most particular J1 scriptions. Everything? ith your Physician's digs 1 prescription is deli^Bfl it it is the result of ? UG COMPANIhH n Kates Railway m nbia I UNT 1 irate Veterans I lion I CAROLINA r will sell very low round j account of the above ocA.pril 21st and 22nd, and :h Columbia before noon i i i.i' to reacn original starting iril 26th, 1915. The fol- j Abbeville $2.25; Aiken | nderson $2.80; Bamberg ckville $1.25; Charleston nville $2.50; Greenwood g J on $1.60; Rock Hill $1.95; I I >2.25; proportionately low n. aDDlv to local Agents I 7 L' I ?/ w T. A., i !. H. McLEAN, D. P. A., J Columbia, S. G. M i i