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IOiliSTS LEGAL1IY |
| OF LATEST CCDE!
?
V0R3EY GENERAL DISCOVERS
B M MBER OF DEFEC TS.
pedure is Held to Have Been IrrecrBular
at the Least?Some Acts
h Are Omitted.
legality of t':e code of 1912 is
ned by Thomas H. Feepies, atgeneral,
in an opinion filed with ;
Lnning. The code was printed :
ichie company, law publishers !
rlottesville, Va. The attorney l
i generai states taat several errors ha\o
I been found in the code as compared
\ vita t':e reports by the code commis(
^ sioner.
"The said errors," says the attorney
^ wnpral "insist in <;nmp instances ill
I ~ - j
f the omission of certain statutes ana
acts which were included in the reports
of the code commissioners, other i
instances being a change in some ofN
the statutes as reported by the code ;
commissioners."
Irregular Procedure.
' j
. Continuing, t'e opinion says: "We,
* express no opinion as to toe legality !
of the code generally, on account of j
tkis failure to have the code attached
to the act and filed in the office of the i
secretary of state; but even if such !
procedure does not affect the legality j
of toe code, it seems to us to at such |
procedure is irregular, to say the least. j
The code, under the constitution and j
IJaws 0:f this State, is the only general j
statutory law of t) e State at the time !
of its adoption and surely a record of
this importance, in its entirety, should
bje among the records in the possession ;
if the proper State custodian. In
h:e absence of the code referred to in
Lie act of 3912, we are forced to t^ie
Bbcessity of referring to the reporr j
Hi resolutions of South Carolina for j
I years 1911 and 1912, hereinabove !
^^rred to."
Attorney General Peeples in his |
opinion gives a history of the code, j
l^fcfhe duties of t;'"e code commissioner j
|^?-e set fortn-in i' e paper.
The opinion on the co3e resulted
^^irom the receipt of a letter from
JT Charleston questioning the correctness
of the law relating to the rights of
' national banks acting as trustees. Th*
l attorney general found t' at the act
| tad been incorrectly printed in the j
ft
!term of the code commissioner
d in 1911 and an election was
t tl?e 1^11 session for a commisThe
commissioner made his
to the general assembly in 1912.
port was accepted by a legislaI
)
smmitteer' and was ordered by
ouses t<> be printed in the jourinforbiation.
In 1912 the genssembly
passed an act to de!
e code submitted by the code
ssioner to be the only general
ry 'aw of the State and to pro>r
the publication of the saaie.
Commissioner's >'ote.
code commissioner appended
owing notice to the act: 'T ib
s presented to the governor on
a day of February, A. D. 1912,
is not returned by him to t1 e
in. which it originated within
teys, tne general assembly besession."
altorn?y general pays that in
nion "there is nothing in tf:-e
pting the code, or any existing
;equent statute or act, authorte
code commissioner, the corner
the publishers to make any
; in the statutes as codified and 1
rted to the general assembly in I
years 1911 and 1912, for it wil)
B>e noted from the act of 1912 that tbe
code as submitted by t):c code commis^ sioner
o? South Carolina (which is
oH-anr-oHl ic HAotarPrt to hp the
VW Ut VM.V- VV?/ ? V UV.V-w* ? ? ? ?
[code of laws of South Carolina."
I Continuing, the opinion says:
"Certain errors have been noted in
the code printed by the Michie company,
wv.en compared with the two reports
of the eode commissioners; said
errors consisting in some instances in
the omission of certain statutes and
mi* iH-i/Vh niriplnrip/} in thp- re
[ ilVtO >?' <ivu *? v* v, ??vV4 , ^
I ports of the code commissioners, othV
er instances being a change in some
B of the statutes as reported by the code
P commissioners. In such cases it is
' the opinion of tfris office that the code
of laws as contained in the reports of
I the code commissioners for ti.e years
I 1911 and 1912 is the general statutory
law ofthe State, for these reports have
ft been so declared, and the code printed
Hp by the Michie company Gas not been
i bo declared by legislative enactment
1' since tfoe printing of the same.
There is another question, it seems,'
f in connection with the code of 1912 j
Y.*hich deserves the consideration of I
I the bench and bar, and that is Ttfh<etf:er |
I the attempted adoption of the code by !
11m r in o i
i ine act Ol ivll uas utrc.u uuiic xix a. |
B legal manner. It will be observed in
the act, wfcicfh has been quoted, that
the code as submitted by the code com nissioner
and which is supposed to
^^bave been declared to be the only general
statutory law of the State, is re
ferred to as being attached to the acl j
of 1912. I
"The act of 1012 was not approved !
by : e governor to v.i cm it was pic-1
sented on tlie 24th day oi' February, i
1912, and Gov. Cole. L. Blease informs
us that one of the reasons of his fail- j
ure to approve same ana sign the act i
was on account of the fact that the j
<1 ? Af /? f+ 1 t A f ll A O OC |
nut aiuitiicu tu liixj uvt
pro.ided in t! e said ac-t. T- e secretary j
of state is the custodian of all the i
acts of the general assembly. Infor- '
mation front the secretary of state's !
office is to the effect that the report j
of the code commissioner or the code J
which was declared to be attached to j
t1 e act. was no*, as a matter of fact,
attached to thp act. and that the said .
report or code referred to in the act j
is not row, ror has it ever been, on !
me in tne omoe o: tne secretary or.
state. The code adopted in 1902 is 1
cn file the net adopting the sai.1 j
code of 1902 ''
??-?
THE KI SSIAA LA Mil AGE.
\o "H,' No ",P an J >o in Alphabet
in Czar's County.
Petrogad Correspondent to the New
York Sun.
There is no /a" in the Russian al- j
phabet. Therefore the Russians spell'
Hartlepool "Gartlepool," and call Field I
Marshal Hindeburg "Gindenburg.";
Tl:e captain of a Russian steamer |
Which in time of peace p'ies between !
here and London greeted a friend of j
mine who had often sailed with him: i
"Ah, you are going for a goliday,j
yes? Where is your gnsband?"
The Russian alphabet-also lacks our '
"j" and our "w." Jones has to be spelt;
"Dzones." Williams becomes "Vil- \
yams," and an American friend of j
mine named W- iffen is addressed as j
"Mr. *Veefen." yet, in spite of these difficulties
t'":e Russians manage to give '
a tvery fair, usually an exact, version i
o: English proper and place names. I j
want to suggest both out of compli-1
ment to them and in the interest of i
accuracy also, that we should try to j
turn Russian names into English |
more correctly than we do. The reading
of the war news would, in addition,
be made easier to British eyes if the:
names of Russian places, in any case!
odd looking, could be pronounced at
sigfct instead of being puzzled over,
and given up as a bad job.
If you were in patrnership with a !
j.Iir. Smith and persisted in calling him
"Smiff" he might be justifiably be an-;
noyed. If his house was called "Fern- \
hurst." and you always spoke of it |
cnolt it ac "Wp'nhnr^f '' hie rmin- i
ion of your intelligence would not be i
i;is?:. That is the way we treat Rus- j
sian names, and if the Russians do I
not protest it is only because they are !
a people of infinite toleration. They i
<lo not, believe me, think more highly :
of us or our language for our slipshod i
lack of care in this direction.
There need be no difficulty about re- j
?
producing closely in English tr.e sound j
of any Russian name. W y, then, do
we spell the town which used to be
called Lemberg, Lwow? That suggests j
a pronunciation to rhyme with "now" :
and "cow." The proper way to pro- !
n ounce it is Lvoff. How "Lwow"
ever came to the be printed I can not
im: gine.- It is spelled with two "v's."
F3e?ore a consonant t' e Russian "v"
is hard, like ours. At the end of a
word it is sligi tly softened and should
be represented in English by double \
"f." Whenever "w" is used in spell- j
ing a Russian name it is wrong, for i
there is no "w" in Russian.
I
We recognize this by spelling the j
Polish township where tuere has been 1
much hard figLting lately, Lovicz. But |
here, though we get the 'V right, we !
go grong in the last two letters. TYie j
Russian pronunciation is Lovitch.
What the Polisf. pronunciation is I
shall not venture to say. No Pole will
admit that any foreigner can ever
{ ope to speak his tongue as it should
be spoken. But at all events, to this
I can testify?that toe Poles do not
make the name of that place tf:yme
with "sticks." As nearly as may be,
X - I
they say Lovitch, too, aud they say
Lenchitsa when they refei to the town
which ve spell Lenczica. Why then
should l.ot we? And spell them so too?
A messenger boy is said to have i
saved the United States $12,000 000
locking up an appropriation bill. It
might not be a bad idea to hire enou^.
of them to carry out a real retrenchment
policy.?St. Petersburg Independent.
In oti:er quarters each side lay*
claim to the advantage, but in the Dardanelles
we notice tint the allied fleet
is makine a noise like a clam.?Jack
sonville Times- Union.
Yet in Doubt.
"How is Scribbler getting on witi'.i
bis new historical novel?"
"Very badly. The scenes are laid in
Poland and East Prussia, you know,
and Scribbler can not make up his
mind whether the Grand Duke Nicholas
or Field Marshal Von Hindenburg
ought to be tf:e hero."?Richmond
Times-Dispatch.
FEDERAt SOLDIER
RETURNS TEOPB\
(iKOKOE Mc HILL AX filVES (H)\
?11X01! MEDAL.
Yeieran Ke^eived Silver Star Fron
Comrade While in .'Columbia
>0 Years Ago.
The State.
George B. McMillan, who was ii
Columbia 50 years ago last February
as a member of Company IA, Sixteenth
Wisconsin regiment, and who at tha
time was gi'-en by a comrade a and
silver meda , the property orig
ina'ly of Miss Elliott, returned to Co
lumbia last night, expressly to plac<
the medal in tre hands o: Gov. Man
ning, for restoration to the owner o
her heirs.
The medal is star-shaped and i
engraved on its face, "[he South Car
cl'na Ii:stItnte, 1S49." T' e inscriptioi
on lie obverse is: "Awarded to Mis
!;iot: f:;r ti:e be.-:: crotf ett hat.'
(Note the engraver's original speliin;
rf crocheted).
Mr. McMillan is returning to hi:
home in Grand Rapids, Mich., from <
trip to Florida. He said he had for
gotten that t'- e medal was in his pos
session until two or ? ' ree years ag'
and since then had not until now founi
the opportunity he desired of bringin;
it DacK to uoiumDia.
Reaching Columbia last evening IV.r
McMillan registered at the Imperia
hotel and then came directly to th<
office of The State. He recalled V a
after the -iederal army-tad entered Co
lumbia, he was directed by the pro
vost marshal, Col. Waddell, to guar<
the home of Col. Taylor?"it stood bu
a few blocks east cf this point/' he sai?
?for the protection of a number o
ladies there assembled. V:ree of thesi
r-p distincf.lv remembers because o
two incidents.
"Next day," he said. "I was arrestei
in the street by the provost guard
which was picking up stragglers an<
while being conducted to the 'bul
pen,' passed one of these ladies, Mrs
Scott. I told her that it was tf:rougl
protecting )*:.er that I had got int<
trouble. She pointed me out to Gen
Wood and he Telieved me from arres
and ordered me to escort her back t<
the Tavlor residence.
4
"Two of the young ladies at thi
bouse I guarded were t>:e Misses Ame
lia and Laurie Glover. Several year
after the war I received a South Caro
lina newspaper in which t?":e weddin;
of one of them was described."
The Diabolical Hen.
iWily is it that a chicken will wall
all over ground meat, corn, oats, ten
der grass and table scraps in order t<
fly over two fences, dodge six auto
mobiles and walk a hall a block t<
scratch up ^.neighbor's lawn??Macoi
(Ga.) News.
MJJtih 1IU.MS
r
For Stomach and Liver Sufferers.
Don't take medicine :or your siom
acli ailments morning, noon and night
as usually such medicines only giv;
temporary relief and simply digest til.'
food that happens to be in th*
stomach.
Don't permit a surgical operation
T 1 r. i n O r? rt A VI All /^On OAT 1 H
JLI.-Cltr 0.1 W (X\ a dCilUUO 1 AH
operations and in many cases of stomach,
liver and intestinal ailments ths
knife can be avoided if the righ remedy
is taken in time..
Don't go around with a foul smelling
breath caused by a disordered stomacn
and liver, to the discom. ort of those
you come in contact with.
If you are a stomach sufferer,
don't think you can not be helped;
prooaoiy worse ca&es man yours nave
been permanently restored by Mayr's
Wonderful Remedy.
Most stomach ailments are mainly
caused by a catarrhal condition.
Mavr's Wonderful Remedy not only
removes the catarrhal mucus, but allays
the chronic inflammation and assists
in rendering the entire alimentary
and intestinal tract antiseptic,
and this is the -secret o; its marvelous
success.
Don't suffer constant pain and agony
ana allow your stomach ailments to
physically undermine your health. Xc
matter how severe your case may be
or how long you have suffered?one
dose of Mayr's Wonderful Remedy
should convince you that you can be
restored to health again. tMavr's
Remedy has been taken and is higfaly
recommended by members oflCongress.
Justice of the Supreme Court, Educators,
Lawyers, Merchants, Bankers,
Doctors, Druggists, Nurses, Manufacturers,
Priests, Ministers, Farmers and
people in all walks of life.
Send for FREE valuable booklet on
Stomach Ailment to Geo. H. Olayr
154-156 Whiting St., Chicago. 111.
Mayr's Wonder ul Remedy is sole
by leading druggists everywhere witli
the positive understanding that your
money will be refunded without question
or quibble If ONE bottle fails tc
give you absolute staisfaction.
I 5? i -/M1 t?A 5 f ^ ?22
I IS, uuuji yyju diu, "
; ?j ? ycu suirer from any of the
j|u numerous aiiments to
1 '< which an women are sub- j '
i bPS ject. Headache, back- wtS
| 2<{jfi ache, sideache. nen/ous- il
. ness, weak, fcred feeling,
\ are some oi the syrap- : (
Itoms, ana you musi ria gg a
yourself of in order i 0 1'
to feel well. Thousands
of women, who have
been benefited by this
remedy, urge you to
TAIiE |||
TheWomsn's Tcnfo ||!
Mrs. Sylvania Woods, ? y
ofCliuon Mills, Ky., says: fc h ,
"Before taking Car dui, 11
I was, at times, so weak I g J
could. hardly walk, and ^3
>&2 the pain in my back and |
head nearly killed me.
After taking three bottles
Cirr*?ti r*ainc ffl I
I appeared. Now I feel as
well as I ever did. Every 19;
suffering woman should
try Cardui." Geta bottle
today. E-68 I
1 NOTICE OF ELECTION IN KDTARDS
' SCHOOL DISTRICT, >0. 49.
Whereas, one-third of the resident
electors and a like proportion of tJ~e j
resident -freeholders of the age of I'i [
* years of Kinard School District, No. |
1 49, of the County of Newberry, State j3
of South Carolina, C ave filed a petition j
1 with the County Board of Educati-Ki I
of Newberry County, South Carolina,
J petitioning and requesting that an .
, election be held in said School Disi
trict on ti':e question of levying a sp*?- :
I cial annual tax of four mills to be col- J
i. | lected on tne property located in uie
1 said School District:
3 Now. therefore, t)'.:e undersigned,
. composing the County Board of Edut
cation for Newberry 'County, South
d Carolina, do hereby order the Board j
of. Trustees of the Kinards School'
f. District, Xo. 49, to hoM an election on i
. t' e said question of levying a four;
s mill tax to oe collected on the property !
_ 'located in the said school district, i
j j wCich said election shall be held atj
j Kirards school house, in said School
District Xo. 49, on Saturday, April 24, j
3915, at which said election t) e polls j
: shall be opened at 7 a. m. and closed
_ at 4 p. m. The members of the Boa'd
: of Trustees of said School District
_ shall act as managers of said election.
) Only such electors as reside in said
i Sci'.ool District aud return real or per- j
sonal property for taxation, and v?ho i
exhibit their tax receipts and regis- i
tration certificates as required in gen-;
eral elections, shall be allowed to vote, j
Electors favoring the levy of such tax j
shall cast a ballot containing the word j
- "Yes" written or printed therecn, and
such elector opposed to such levy shall
; cast a ballot containing C'.ie word "No"
> written 'or printed thereon.
' i
? Given under our hands and seal on
April 8, 1915.
GEO. D. BROWN,
S. J. DERRICK,
. I J. S. WHEELER.
11 County Board of Education
.! for Newberry County, S. C.
' I I
S ?s |l
2 Oo |
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of?
^ a
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Q,
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I PWm ^:
,1 ilOOjSifioO!
, j eMot\
p?prf i
K^<l "
WJ11 v>SE3|?feji
55
iingp^ ii
1 Gallon 100 Proof Golden M |xpre?j
Shine Kentucky Corn Whiikey j)fa<JJPrepajd
I 2 Gallons 100 Kroot liolden^A
j Shine Kentucky Corn Whiskey y" Prepaid
1 1 Iti s not necessary to make this offer to our
thousands of regular customers;they know
'j this whiskey and buy it regularly. You have
never tried it, and to prove to you that thisis
I the best whiskey you have ever tasted at
' twice the price, we are making this special
offer. Soldto you under two (2) guaran1
tees, mine and the U. S. Government.
Money back if not entirely satisfactory.
C. D. CHEATHAM
> P.O. Box 244 1221-23 Market Street
CHATTANOOGA, TENN. *
r i
notice of election.
Fursuant ro vhe authority of an act 1
:-f the General Assembly .of ti e S ite j
3* Soutn Carolina relating to Xewberrv !
i
School District, passed at the last ses-!
>ion thereof, and resolutions of ti-e ;
Trustees of Newberry School District, !
passed in pusuance of said act, an eKc - !
tion will be held at the Council Chamber
in the town of Newberry on the 1
13tJ: day of May, 1915, between the j
ours of S o'clock in the forenoon and j
I o'clock in the afternoon for the p.ir-1
pose of voting upon the question of
continuing the one mill levy, hereto- i
fore levied for the purpose of repairs >
2nd improvements to buildings, as an j
addition to jhe general fund of the district.
Those voting for the continuance
of said levy shall cast a ballot
whereon sf all be written "For con- '
?- i ill T ?' .-v?. i
tinning iae out; nun icv?. i v>>- i
poseri, a ballet whereon is written |
"Against continuing the one mill levy." !
The qualified electors of said dis-;
frir-t are alone to vote at said election. ;
Said election will be conducted by !
J. M. Bowers, A. C. Welch, H. L. |
Speers who have been appointed managers
to conduct the same.
W. A. McSwain,
W. G. Mayes, |
L. 7/. Floyd.
L. G. Eskridge,
J. Y. Jones.
To Drive Out Malaria
And Build Up The System
Take the Old Standard GROVE'S j
TASTELESS chill TONIC. You! know !
what you are taking, as the formula is j
printed on every label, showing it is j
Quinine and Iron in a tasteless form.
The Quinine drives out malaria, the
Iron builds up the system. 50 cents
For W eakness and Loss of Appetite
The Old Standard general strengthening tonic j
GROVE'S TASTELESS chill TONIC, drives out j
Malaria and builds up the system. A true tonic I
and sureAppet'"*er. For aciults and children. 50c
NOTICE OF ELECTION IN WHEELAND
SCHOOL DISTRICT, NO. 31.
Whereas, one-third .of the resident j
electors and a like proportion of tbe
resident freeholders of the age of 21
years, of Wlheeland District, No. 35,
of the county of Newberry, State of
South Carolina, have filed a petition
with the county board of education of
Newberry county, South Carolina, petitioning
and requesting that an election
be held in said school district 01
tf'-e question of levying an additional
special annual tax of two mills to be
levied on the property located in toe j
said school district:
Now, therefore, the undersigned,!
comDOsins the county board of ei;i- j
cation for Newberry county, South
Carolina, do hereby order the board
of trustees of tJ.e WTieeland school
district No. 31, to hold an election on
the said question of levying a two
mill tax to be collected on the property
located in the said school district,
whicfr said election shall be held
at Wheeland school house, in said j
school district No. 31, on Saturday,
April 24,1915,at wi:ich election the polis !
s>nall be opened at 7 a. m. and closed
at 4 p. m. The members of the board
of trustees of said school district shaU
act as managers of said election. Onr,
such electors as reside in said school
district and return real or persona1
property for taxation, and wf:.ich exhibit
their tax receipt and registration
certificates as required in general
elections, shall be allowed to vote.
Electors favoring the levy of such ti^x
shall cast a ballot containing the word
~ I
Southern
ANNOUNCES
ROUND TRII
I
nn i ninn 1 TVTn
OrAK IA1NE
ACCO
Shriners'
A *
Music I
April 14Account
of above occasi
will sell very low round tri
S. C., on April Uth to If
limit April 18th. The fax
will be $2.35.
Apply to local agents i
information.
S. H. Me
Distrii
"Y-"s" written or printed t1 eroon, *i'ri'
such electors opposed to such .???>
. ali casta ballot containing th-r wo-? V
"No" written or printed thereon.
Given under our hands and seal
April 5, 1915.
<;Eo. U. UROWN,
S. J. DERRICK.
J. S. WHEELER.
Ccunty Board of Education for New
Derry toumj.
rArn rADY wn T TiVTCTf
1UI i\ \. t/iv.i nijuii i
in a few days if yea will use our corn
cure as directed. And going to tie
other extreme our scalp lotion will
i
remove dandruff just as Quickly actf
effectively. Those are only two of
the good things to be had at this
drug store. We'll tell you the others.
if you ask.
Mayes' Drug Store
*
Phone 138. dewberry, S. C.
F
!
= amm e
o i
R ft =
5 |? 1
S |S I
f << ~ i
?3 ? 5 =
% 3 ? 1
* ^2 I
^ rr* =
Ifekil
* I t
ure old strain1 >
*,5f ^miskev ^ rj i
| aw i
i j |? i
? * Full Gallon 100 Proof (SO O A 2
= Kentucky Corn Wliiskcy VNtOU =
5 2 Full Gallons 100 Proof A f|f| =
2 Kentucky Core Whiskey ^ ^ 2
EXPRESS PREPAID |
5 This 100 Proof Kentucky Com Whiskey S
2 was Distilled under ti.e immediate super- 3
= vision of officers of the U.S. Government =
EE and is sold to ycu under our iron-clad =
= guarantee, and thatis. if net entirely sat- s
2 isfactory, return ihejroods at our expense, 5'
5 and money willbe refunded by first mail.- =.
1 The National Whiskey Co. I
| B1STILLEHS m
I P. 0. Box 206 Chattanooga, Tenn. 1:
5 ~ =3
Railway
; VERY LOW
5 RATES TO
>1 TDf c r
IU1VU, J. V/.
UNT
Meeting
ID
"estival
1 a 101C
JLU, LUL%J
ion the Southern Railway
ip tickets to Spartanburg,
5th inclusive, with final
e from Newberry, S. C.,
'or schedules and other
LEAN,
ct Passenger Agent,
Columbia, S. C.