davidaulloa/AmericanStories huggingface dataset:
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1900-12-18

amended and sets forth tho item:
Dieting prisoners in Jail, per day,
30 cents.
On tho 10Th of February an Act
WAS passed entitled: "An Act to
amend Section 2 of "An Act entitled
an Act to regulate the dieting of all
prisoners before and after conviction,
@hen in tho custody Of the suporvi-
visors and sheriffs Of this State, ap-
proved the 9th day Of March, A. d.,
1896" Approved the I'd day of
March 1897, 80 far as the same ro
lates to Beaufort County.
Section 81, Article II, of the Con
stitution, contains tho following pro.
visions: "Tho General Assembly oi
this State shall not enact local or
special laws concerning any of tie
following subjects, or for any Of tie
following purposes, to wit y i;
To fix the amount or manner Of com
pensation to be paid to any county
officer except that the laws may be
80 made as to grade compensation in
proportion to the population and
necessary service required.
"XI. In all other cases, where q
general law can bo made applicable,
no special law shall be enacted.
"XlI. The General Assembly shall
forthwith enact general laws concern
ing said subjects for SAID services,
which shall be uniform in their opor-
atoms: Provided, that nothing con
tanned in this section shall prohibit
the General Assembly from enucting
special provisions in genera laws"
The Act of 1896, supra shows upon
it's face that tho Legislature did not
intend "to grade the compensation in
proportion to the population and
necessary service required"
The number Of counties embraced
within the provisions Of tho Act and
those exempt from its operation are
about equal.
Counties having large population
and those having small population
are to be found on each of said lists
The couplativo conjunction is used
in the Constitution and shows that
in grading the compensation it must
not only be in proportion to the
neccessary services required, but also
in proportion to tho population.
If this requirement of the Consti
tuition had beon complied with it
would have been nee ssary to divide
tho counties into moro than two
classes -thosa affected by tho Act
and those exempt under tho provisc
in it.
Tho act Of 1906 was local and
special, and, thereof, was prohibited
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1900-12-18

(a)They are local and special laws
fixing the amount and manner Of
compensation to be paid to a county
officer, and, therefore,, in violation Of
Subdivision 10. Section 81. Article
2, o: 10 Constitution.
(b, fhey are local or special laws
fixing the amount and manner Of
compensation to be paid to county
officer that are not graded in pro
portion to population and necessary
service required, and, therefore, in
violation of Subdivision 10, Section
"a, Article 2, of the Constitution.
(c) They are local or special laws
enacted were general law cou d
have been applicable, and therefore,
in violation of Subdivision II, Sec
tion "a, Article 3 of the Constitution.
g. Because the Circuit Judge erred
in holding that the first section of
each of the Acts herinbefore men
toned was CONSTITUTIONAL, and fixed
the compensation O; sheriffs at thirty
cents per day, even if the second sec
tion of said Acts and the provisos
thereof were unconstitutional.
The pivotal question in this case
is whether the Acts mentioned in the
exceptions are unconstitutional
At the time the Constitution of
1895 WAS adopted sheriffs were al
lowed, under Section 1851, of the
Revised Statutes, 30 cents por diem
for dieting prisoners in Jail.
In 1906 an Act was passed on
titled: "An Act to regulate the die
ting of all prisoners before and after
conviction, when in the custody of
the supervisors and sheriffs OF this
State, allowing only 20 cents per
diem for dieting prisoners in Jail, but
providing that it should not apply to
the counties of Marion, Charleston
Colleton, Barnwell, Richland, Berk-
eley, Sumter, Spartanbnrg, Ker.
shaw, Anderson, Pickens, Williams
burg, Newberry, Union, George
town, Aiken, Beaufort, Lexington,
Clarendon, Oconee, York, Abboville
and Darlington.
In 1897 that Act was amended by
striking out Spartanburg County in
the proviso exempting certain coun.
ties from the operation of said Act.
Ao Act was passed on the 10th Of
February, 1903, entitled: Gan Act
to amend Section 2,437, General
Statutes, being Section 1861, Re-
vised Statutes, by adding at the end
Of said section a proviso allowing
only 35 cents per day fo' dieting
prisoners in the Jail IN Charleston
and Aiken countless" The Act then
proceeds to state how it will read as
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1900-12-18

by the Constitution. Tho Circuit
| Judge ruled that even if Section 2,
of the Act Of 1896. was unconst,tu
tional the first section thereof was
valid, and that Spartanburg County
was included in its provisions Wo
cannot accept this construction, as it
would mako the provisions Of tho
Act applicable to those counties
which the Legislature, in express
language, had shown it intended to
exempt from the operation Of said
Act. This is not case whore effect
can be given to a portion Of au un-
constitutional Act. 1t is also contend.
ed that tho Act Of 1896 falls under
the proviso in Subdivision XII here
lnb"foro mentioned, which is as fol-
lows: "Provided that nothing con-
tained in this section shall prohibit
the General Assembly from enacting
special provisions in general law"
1t is manifested from even casual
reading Of the Constitution that
local or special laws" and Especial
provisions in general laws" do not
mean the samo thing, and that they
were intended to be construed in
such manner that neither would
practically destroy tho force Of tho
other
Furthermore, rs the Act Of 1896
was not the "gonernl law" it did not
come within the purveiw of the gon
eral proviso. In order that law may
be general it must be Of force in
every county in tho State, and, while
it may contain special provisions
making it's effect different in certain
counties, those counties cannot be
made exempt from its entiro opera
tion.
Having reached The conclusion
that tho Act OF 1896 is unconstitu-
tional, it necessarily follows that the
Acts amnndatory thereof arc without
fOrco aud effect.
Respondents attorneys made and
argued tho point on Court that the
Acts Of 1893, (Nos 45G and 457, %
statute, pages 730 to 740) could not
be construed to apply to Spartanburg
County, or the dieting fees of pris.
oners in Jail in said county fixed by
prior acts; because (l } the acts Of
1893 purport to amend Section 1861,
Of the Revised Statutes Of 1903, and
the Acts Of 1896 and 1897 only is so
far as the sa'n3 relate to the dieting
Of prisoners in tho counties of
Charleston and Aikcn and Beaufort,
and do not purport to be general
Acts. Thernforo such construction
wonld make tbom conflict with article
3, Section II Of the constitution
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1900-12-18

Special privilege TO College Stu.
dents FIR holidays by tie Soaboard
Air Line Railway. They can buy
their tickets at greatly reduced rates
from December 10Th to December
2lst, inclusive, which will be good
until January 9Th, inclusive.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1900-12-18
THE LEGISLATURE REBUKED.

PASSAGE OF SPECIAL ACTS IN vIo.
LATION OF THE CONSTITUTION.
Ono OF these Spaclal Acts Overruled by the
Supreme Court, and in its Opinion the
Court Deolares: tin Ord. that n Law
sIay be General 1t Must la OF Forcein
Every County in the State, nnd
while 1t May Contain Special Pro.
vlalOns Making Its Effect Dlff-
erent In rtain Counties,
those Counties CaDnot DO
Made Exempt from its
Entire Operation.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1900-12-18
CENSUS OF THE srArEsny CouN,,ps

We publish for the information Of
our roaders the census Of the ooun.
ties as given out by the census de-
partmont.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-03-17

When she arrived at her destination,
her breath was gone and her limbs We're
weary with the unequal battle against
the mercilcss wind.
She struggled off bravely once more
and took the short cut across Lame Dog
dixie.
Half way home she passed Lame Dog
farm and saw that Mr.. Hirst was busy
fixing props against the COW shed in the
yard. He called out a CHEEKY Good
night evidently not knowing who she
was.
She answered rather shyly and then
blamed herself for speaking at ALL What
if he should recognize her voice and want
to escort her home:
Now this was just what Mr.. Hirst did
do. He hurried after her with all speed,
and in her cagcrneSS to escape him she
made Il rush for the stepping stones in
Lame Dog dixie and fell ANONYMOUSLY
into the water.
He was up to his ankles in the dixie
before Kitty quite realized that she had
made fool Of herself.
I'm all right, Mr. Hirst,' she protest
ed as his strong arms passed around her
waist and raised her up. Put me down
do
He held her as though she were a sack
of oats and showed no intention of put
ting her down, even when they reached
the other side of the dixie. And what
would have been the use if he had done
so? She couldn't walk, for her ankle
was very. very painful.
He let her gently down outside the
door. lifted the latch and waited until
her mother came to welcome her: Then
he disappeared into the wind and rain.
The next day but one Kitty declared
that she was quite ready to go to the
shop again.
She had reached the end of the lane be-
fore she heard wheels approaching. The
horse stopped suddenly, and somebody
how well her heart told her-jumped
down.
Where are you going?" asked the
farmer hrusquely.
ITO the shop, Mr.. Hirst," she answer
ed dcfiantly.
you're not He spoke firmly and
drew step or two nearer. You're go
ing for Il drive with me-
y minute later they were bowling down
the village street, past Miss Ashley
past the old toll bar and into the green
country lanes.
For ii long. long time neither spoke
Then as an afterthought, Farmer HirSt
dropped one rein and passed his arm
completely around I\itty's slim waist.
DO you like it, Kitty?" he said sim
ply.
She bluShed Il hot blush, and for the
first time in her life wondered what she
ought to say. But her eyes spoke for her,
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-03-17
Miss AShley'S Clerk

One wet spring morning. for the first and
last time in his life. Farmer Hirst walk
ed into Miss Ashleys millinery shop and
left a trail of muddy footprints on the
linoleum. Kitty Regain was gingerly
trying to crowd Il big hat into very
small box.
Good morning. sir. said Kitty
"What may L have the pleasure of show
ing your
Il want Il yard of blue ribbon grunt-
ed the farmer.
You will find the ribbon counter next
to the door. sir. Walk straight down,
and Miss Ashley will attend to you
"She won't" said Farmer Hirst short
ly. Get my ribbon and let me GO
It'll be as good bought here over
there
LAS you wish, sir" said Kitty. 81
will let you have it in half minute"
Kitty came back very Smartly, and he
turned to watch her cut off the ribbon
He wasn't Il sentimental man. but the
one thing that dominated his mind just
then burning desire to squeeze
those sweet needle pricked fingers.
Il saw YOU in the lane on Sunday aft
ernoon,' he said, playing with his watch
chain.
"Indeed.' responded Kitty in a polite
surprise.
"You were talking to a Teller, remem-
ber''
OH exclaimed Kitty.
Sweetheart, ch:' went on the farmer.
mo, Sr-a friend of mine. Here is
your ribbon. Shall send it up for
you
Rising slowly. Farmer Hirst gathered
both ribbon and fingers into one tight
little bunch.
Miss REGAIN" said Miss Ashley at
closing time that night. Il wish | could
think your wages had been well earned.
This is Il millinery shop-not Il school for
f1irtation.'
y hot reply rushed to f<itty's lips, but
she restrained herself in time.
Silence is golden snapped Miss Ash
ley, annoyed by I\itty'S self control.
Don't bc i'll n hurry to go, Miss Regain.
There is a parcel which | want you to
take up to Mrs. KerShaws. L wouldn' t
trouble you, only I've sent the boy home
1t was II cruel errand Oh such night,
for Mrs. Kcrshaw's house was nearly
two miles across country, and high
wind was making havoc of the trees and
hedges. But Kitty went off without 4
word of protest.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-03-17
THE SAME OLD STORY.
But This Time 1t Had Entirely
New Sequel.

New Sequel.
The uortly man with the bulSing
overcoat pockets began to lose his cen
ter of gravity gradually at the corner
of Fifteenth street and New York ave
nue.. One foot slipped from beneath
him on the icy pavement, and by the
time he had re-established connections
with the bricks with that one the other
shot from under him. Then they both
began to execute quick and devilish
shuttle dance. The mans arms flew
out. and he seemed TO be making a
wild but futile effort to pull slices out
of the nfppy atmosphere. Then he
simply sat right down. without any
SUperfiuOUS ceremony or hubDub what
soever. OF course all the men within
radius of so feet adjusted their
hands to their sides and ha-ha-ed JOY
ously. There is only one thing on earth
that tickles mans fellow men more
than to see him drop kertiop to an icy
pavement-it tickleS them more IL he
happens to have bottle of bug juice
in his rear pocket.
This portly man with the bullying
overcoat pockets looked around him In
dazed sort Of way, as If he were en-
deavoring to study the thing out.
Meanwhile the dozen or 10 men who
were waiting for cars just lay back
and hollered. The portly man made
no effort to rise, and the longer he
sat there, looking mystified, the fun
nier it seemed to the merry gang
around Finally they began to close
in on him.
made you see consultations, hey"
asked one of them. laughing uproar-
fously at his own humor.
Just taking a little rest, 1 s'pose"
inquired another.
Got job melting the ice, eh?' ask
en- another.
Ry this time there were about 70
men standing in circle around the
portIy man who had so suddenly taken
a sitting posture. Then the portly
man. without rising from his sitting
position. reached into his overcoat
pocket and brought out n small, square
package.
"Gentlemen" said he, in a tone of a
man who knew just exactly what he
! had to say by heart, Il have taken this
somewhat unusual method to attract
your attention to the merits OF TINS
new brand of mentholated. carbonized,
dethigumiigged corn Salve that L am
selling at the almost insanely low price
of - cents a box, money refunded IL
you don't find instant relief, and
Most of the crowd fell back and dis
appeared, but five of them thought he
had earned their quarters and bought
corn salve.-Washington Post.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-03-17
United to Board.

Il like variety in my eating" declar-
ed Sterlingworth.
and yet you positively refuse to eat
hash" replied his wife, with rebuke in
her tone.-Detroit Free Press.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-03-17


Hell don't believe Miss HoWells
will ever learn to sing.
She-Well, that wouldn't matter SO
much if she would only not attempt 1t.
Chicago News.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-03-17

Cures Old Sores. Fever Sores, Ulcers,
Boils. Felons, Corns, all skin Eruutions
Best Pile cure on earth. Only 25 cts.
a box. Cure guaranteed: sold by drug
gists.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-03-17

Like everybody else" said kensing-
ton physician, Il have presentiments, but
my preSentimentS come true oftener than
other peoples. Here is a startling case
in point that happened last week: y
woman in the middle of the night sent for
me. Her husband, a dangerously sick
man, was hiccoughing. The hiccoughs
were violent. and the patient was weak
ening visibly under them. Well. l went
there. and l worked hard over him, but,
do what l would. l couldn't stop his hic-
coughs At daybreak he died Then l
came home.
THAT evening the woman sent for me
again. Now for the presentiment. On
my way to make this second call l felt
absolutely sure that on my arrival the
woman would say she doubted if her
husband was quite dead and wished me
to set her doubts at rest by an eXamina-
ton of the body. L grieve to say also that
l hoped the man was quite dead, because
if he shouldn't be the error would dam
age my reputation. l got to the house,
and the woman's first words We're, Doc
tor. won't you go up stairs and see if
John is positively dead?
THAT request. which | had so surely
expected. together with my wicked dread
of the mans being alive. upset me so that
I burst into idiotic laugh and stood
there guffawing in the womanS face.
Heaven knows what she thought. Then
I went up stairs and came down tremen-
dous,y relieved. because John, l grieve
and at the same time rejoice to say, was
quite dead after all. "-Exchange.
Classifying Himself.
Il understand you are playing to fun
houses. said the hotel clerk. You
are the leading man, are you not?'
NO sir | am the mis- lp1din~ man -
replied the heavy villain of the COM
pany, who was striding gloomily about
the hotel oftice.-Chicago Tribune.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-03-17
His Presentfment.

and he drew her very close indeed.-Lon,
don Telegraph.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-03-17
A Frightful Blunder.

Will also cause horrible Burn.
Scald, Cut or Bruise. Bucklen's Ar
MICA Salve, the best in the world will
kill the pain and promptly heal it.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-03-17

Sergeant 0o company barber)-What
did you cut this mans hair so short
for? Do it over again and see that
you leave it twice as long as it is now!
--Poiichinelle.
The Dawson news. (Dawson, Ga.) 1889-current, 1900-01-10
ONE YEARS WORK OF CUPID.
fudge Roberts Record Shows That He Was
Not Idle During 1899.

Capid's shafts fell to the right and left
in Terrell duung the year just closed,
and the number Of marriage licenses
issued was a record breaker, if not a
heart breaker. A footing up of Judge
Roberts matrimonial bureau accounts
shows that 239 licenses were issued dur
ing 1899, which means that ATS people
wece retired from the list of 'eEgIbles'
and now bear the yoke through which
they deliberately put Their neoks. A
large majority of these, 312, were color
est, the white side of the account show
ing up only 100.
The Dawson news. (Dawson, Ga.) 1889-current, 1900-01-10
Henry Dimes Dignitaries

Henry Strickland, the welI-knowr
servant of Hon. OBJ. Stevens who &C
companied that gentleman to Atlanta
when he assumed charge of the office OF
commissioner of agriculture, has been
playing the part of host to some OF the
states digniIaries. The event is tolc
of In the following news item sent out
from Atlanta: Henry Strickland, au
aged negro porter in the department OF
agriculture, one day last week entertala-
ed several state house officials and clerks
at dinner. The menu was carefully pre-
pared, and The d nner was greatly enjoy
ed by those present"
The Dawson news. (Dawson, Ga.) 1889-current, 1900-01-10
Robbed the Grave,

A startling incident, of which Mr.. John
Oliver of Philadelphia, was the subject,
is narrated by him as follows: II was
in a most dreadful condition. My skin
was almost yellow, eyes sunken, tongue
coated, pain continually in back and
sides, no appelta-gradually growing
weaker day by day. Three physicians
had given me up. Fortunately, friend
advised trying Electric Bitters;' and to
my great JOY and surprise the first bot
tie made decided improvement. con-
tnued their use tor three weeks, and am
now we'll mau. know they saved my
life, and robbed the grave of another
VICTIM" No one should fail to try them.
Only so cents, guaranteed, at DAVIS n
Drug Co.'S.
The Dawson news. (Dawson, Ga.) 1889-current, 1900-01-10
AN ELEGANT SOCIAL FUNCTION
Miss Lowre"Entertains in Honor Of Misses
Hunt and Novel;,

Last Friday evening, at the nalat;a,
residence of Mayor j. ". F. fowrau
Miss Lucy LowreY entertained in hano9r
OF her most charming guests, Miss Olive
hunt OF columbus and Miss Callie Now.
ell of Monroe. The house was aglow
with the radiance of electric lights, and
was beautifully and artistically decorat.
ed with evergreens and flowers.
The couples were met by Miss Lowrev
and mace to feel perfectly at ease by
her pleasant greeting and hearty well
come.
After having repaired to their respect
i've cloak rooms the guests were served
by Miss Ruby Pickett With delicious hot
chocolate, and each individual was then
handed a piece of paper, which was
uniquely headed with the following lines ::
"FunYllle, Frolictown and Featherbraip
| Railway, the Great New York Route; M.
=. Edwards, receiver. Special Excur~
sion Tickets" On these tickets were
questions, the answer to which were the
names OF the places at which the train
was to stop.
''All aboard" was then announced and
all took seats on the train, the reception
| halA AoNiuS oCCu luIu6u luJO inc same.
and tour of the United States was
begun.
After the extensive tour had been fin
ished aud the tickets collected several of
the passengers were found to have an
swered all the questions, and these en>
gagged in another short contest on the
same order, Mr.. Frank Query coming
out victorious and Mr.. C. A. Harms
taking off the BOBBY. The first prize
was beautiful sterling silver paper
cutter, while the BOBBY prize consisted of
u very small handsatchei.
The prizes were delivered by Colonel
M Z, Edwards in a speech highly suited
to the occasion, ia which lie commended
the winner of the first prize for his
knowledge of geography and told the
winner OF the BOBBY prz8 that perhaps
the travelling bag vas faint suggestion
that be would be benefited by travel.
Delightful refreshments We're served
in the dining hall after partaklng OF
1 which TIE young people repaired to the
well lighted and elegantly decorated
parlors and, engaged in pleasant CONVEX
sation during the remainder of the
evening.
The occasion was one pleasant ia the
extreme, being distinct social event 0i
the season, and x:ll long be remem ReCed
by these who were present.
|
The Dawson news. (Dawson, Ga.) 1889-current, 1900-01-10
SIT AN ACRE.
That Was the Price Paid for a Terrell
County Farm.

That Was the Price Paid for a Terrell
County Farm.
Terrell county land, which is always
in demand as safe investment, is grad.
ually advancing to the price it COM
manded before the business depression
which came upon the country several
years ago.
A number of pieces of farm property
in the county have changed. ownership
in the past two or three months at prices
greatly above what would have been
paid for year ago, and few days ago
Mr.. L. A. Thomas OF the Twelfth dis.
trict sold 200 acres to Mr.. John Harris
for So, 400.
Mr.. Harris comes from Randolph
county. He is substantial and pro-
gressive farmer, and will make Terrell
good citizen. We are glad to have him
Tong us.
Mr.. Thomas has moved to Sumter
county. The two hundred acres of land
he has just sold is part of 400 acres he
bought five years ago for So, 500.
The Dawson news. (Dawson, Ga.) 1889-current, 1900-01-10
TOW N TOPICS.

Dawson is easily sustaining her rep
utauon as the leading mule market O.
sOuthV est Georgia. 1t is said that u, :,
less than 900 mules have beer sold her :,
this season, and the traffic in them i y
still lively.
Weather Prophet DeVoe predict
much bad weather for this month. Hi .
prediction that this month would com y
10 with a s0ow storm and blizzar" -
throughout the south was palpable hit
The renewal of Mr.. G. G. Brown will
necesstate the appointment of anoth er
constable for the town district. The re-
are no applicants FOR the position.
Mr.. Walter Commander, who was
accidentally shot by young lady recent
ly, is recovering rapidly. He will be out
again in few days.
Take time by the forelOck. "If your
blood is out of order, begin taking Hoods
Sarsaparilla at once and pr event serious
illness
Mrs. Ell. O. Crouch, who has been
quite i'll with pneumonia, Is now some
better, to the delight or her numerous
TRENDS.
Judge Parks will hold the regular
monthly term of the city court next
Monday for the trial of criminal cases.
Reports are to the effect that the
grain crops of the county have suffered
no damage from the recent freezes.
Mr.. j. Il. Davis and Mr.. 5. +. Sulli~
vun each has a future belle at his home.
DIR. Maury M. Stapler, eye, ear, nose
and throat. SOC Mulberry ST., Macon.
Mr.. G. F. Ward is entertaining
Young COTTON buyer at his home.