davidaulloa/AmericanStories huggingface dataset:
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-10-01
"SCENE FROM HU MAN HEARTS, -
OPERA HOUSE TONIGHT.

hord, Treasurer, where Inc court held
that mandamus will only lie to en-
I"rce a ministerial duty, not dis
rrctlonary duty. Th% opinion then
says that when a bond is surrendered
and certificate of stock issued in OK
change, it lost its legality as Il sub
SlS1lng obligation Of the state and
cancellation was not a condition pre-
rcdcnt upon which The validity Of
the certificate Of stock, which was to
be issued in exchange, depended. and
such requirement was required sim
ply to prevent fraud after transac-
ton between the holder Of the bond
and the state had terminated.
"The question: the opinion con-
tlnucs, whether the petitioner is a
bona fldc 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
general, however, did rot u:gc this
question nor the question as TO the
actual notice the holder had that thc
bon! was not good, and however The
r!@hi OF the treasurer 10 issue a ccrti-
ficatc Of stock is a question Of powcr
and must be determined under the
act of 1892, which clearly shows that
the legislature had under contcmpla-
ton but one issue of stock for a
bond, and the treasurer is not auth
orlzcd to make a second issue" The
bond debt eases arc quoted 10 up-
hoid this, where the court neld that
bonds in the hands of bona fidc hold
ers can only be regarded as valid
debts.
AS to the issuance Of additional
stock Justice Gary holds that if the
Act be construed that way there
would be no reason why there should
not be third and fourth issuc. The
ease as quoted above, that bonds is-
sued without authority Of law are
void even in the hands Of bona fide
holders, is clearly law. The opinion
then holds that if the duty cnjoincd
upon the treasurer to issue second
certificate is not ministerial the court
has not power in mandamus proceed
ln%S and the action is in effect a suit
against the state, which is unconsti-
tulional.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-10-01
All Stolen Bonds Valid.

The effect of this decision is to
recognize the validity Of all the bonds
which were stolen from the Office Of
the state treasurer, and the treasurer
will be compelled to exchange them
for certificates of stock when present
ed by the holders who prove their
honest title thereto.
Action will also be begun to re-
cover the amount lost from the three
state treasurcrs, Bates. Zimmerman
and Jennings, or their bondsmen if
necessary. 1t is very likely, how
ever, that these three gentlemen will
make good their respective liability
without litigation.
Those dissenting are: Chief Justice
Pope. Associate Justice F.. B. Gary,
and Judges Ernest Gary. Klugh,
Prince and ITydricl.
The dissenting opinion by Eugene
l]. Gary. after reviewing the history
of the case, says that the first ques-
ton is on the right Of mandamus of
the petitioner, bringing up the ease of
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-10-01
Marriage in the Catholic Church.

|
l Tablet.
! Christian marriage is not man
work but God work. 1t is not mere
y covenant of two between a man
and woman who take eacn other.
but a conenant of three-the man and
the woman and God, who joins both.
and accepts into His own immutable
hand the consent of both, and seals
1t by an infusion of the Holy Spirit
into their souls. Christ has thus ex.
alted the contract Of matrimony into
sacrament of Christ act, one in
which He Himself is the united. bind
ing together two souls in bond
winch Is type Of the union be-
tween Himself and His church. Hence
the unity and indissolubility and SAN
ctlty Of Christian marriage, in which
God Himself joins together what man
may never dare to put asmder. AS
Gods work it is God alone who can
make il or unmakc it, and as a sacra-
ment Of Christ it belongs to Christ
and TO His church to fix the condi
tions Of validity nnler which that
work shall be effected. The work is a
Sacramcntal union of souls. and by
IFS very nature a matter of morality
and Of spiritual relation of souls to
God and to each other.
In the creation of such bond 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 ii will accord
to marriages civil recognition and civ
| II effects as to civil status and in
heritance and other temporal con-
sequences, but over the making or
unmakin% Of tht marriage bend itself
1t has no control. 1t cannot make two
persons man and wife before God :
neither can it unmake them. The state
OF It's own authority can no more
make q marriage valid or invalid in
the eyes of Christ than it can for
give sins or offer the sacrifice Of the
mass.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-10-01
JAMESTOWN EXPOSITION.
Rates from Newberry S. c., as fo

Rates from Newberry S. c., as fol
lows:
Season Ticket $19.55. Sold dali,
April 10th to November 3Oth.
GO Day ticket $16.30. Sold dali,
April 10Th to November 3Oth.
Is day ticket $14.30. Sold dali,
April 10th to November 3Oth.
Coach Excursion 1885. Sold each
Tuesday; limit 10 days. Endorsed
mot gool in parlor or sleeping
cars.'
Through Pullman sleeping cars, via
Atlantic Cost Line Railroad company
Write for beautiful illustrated
folder containing maps, descriptive
mater, list Of Hotel, etc.
For reservations or any informa.
ton, Address,
r. C. White,
General Passenger Agt.
". ]. Craig,
Passenger Traffic Manager,
Wilmington, N. C.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-10-01
Saved Her Sons Life.

The happiest mother in the little town
of Ava, Mo, is Mrs. S. Rupee. She
writes: Zone year ago MY sol, was down
with such serious lung trouble that our
physician was unable to help him; when,
by our druggists advice began giving
him DR.. Kings New Discovery, and I
soon noticed improvement. I kept this
treatment up for few weeks when he
was perfectly we'll. He has worked
steadily since at carpenter work. DR..
Kings New Discovery saved his life. -
Guaranteed best cough and cold remedy
by w. E. Pelham & Son, Druggists.
soc. and $1.oo. Trial Bottle free.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-10-01
Human Hearts,

The forthcoming visit Of "IIuman
llrarts' will no doubt be warmly
welcomed by the lovers of all that is
good in mclodrama. "Human Hcarts'
is beyond question, one Of the strong
est and most interesting Of plays that
has ever visited our city. The auth
or belongs to that all too small group
OF dramatists, who understand how
to reach the heart and hold the at
tention of the audience. In "Human
Flearts' he mas constructed play
that will never grow old. The princi-
pie theme Of the play is Hope and
has not some author written "Hope
springs eternal in the Human breast.'
'Hope,' the one bright ray of sun
shine that breaks through and illum-
ines the clouds Of despair that al
most overwhelms poor tom Logan;
the 'I1ope' Of good, pure woman's s
love; the Hope Of brighter days, the
'llopc' OF an honest man miustlv
accused Of crime. that the criminal
will be detected and his good name
restored The author has handled
his subject with consumate skill and
ease that shows the true dramatic in
stinct. The love interest is all as
absorbing. The comedy element is
introduced in such way, that it be-
comes relevant to the story, and the
climaxes are worked out naturally
and logically.
"IIuman Hearts, will be seen at
the opera house Tuesday, October l.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-10-01
How 70 Remain Young.
Phone 232.

TO continue young in health and
strength, do as Mrs. n. L. Rowan, Nc
Donough, Ca, did. She says: "Thrce
bottles of Electric Bitters cured HE of
chronic liver and stomach trouble, co,n-
plicated with such all unhealthy condi-
zion OF the blood that my skin turned red
as flannel. ain now practically 20 years
younger than before 1 took Electric Bit
ters. CAN now do all my work Will,
case and assist in my husbands store. "
Guaranteed at w. E. Pelham & Sons
Drug Store. Price soc.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-10-01
Found at Last.

j. a. Harmon, of Lizcmorc, West Va,
says: "At last have found the perfect
pillethat never disappoints me; and for
the benefit Of others afflicted with torpid
liver and chronic constipation, will say:
take DR. Kings New Life Pills" Guar
antecd satisfactory, 25c. at w. Il. Pelham
& Son, Druggists.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-10-01
Worked Like a Charm,

Mr.. d. n. Walker, editor of that spicy
Journal, the Enterprise, Louisa, Va,
jays: IL ran nail in my foot last week
and at once applied Bucklen's Arnica
salve. No inflammation followed; the
salvc simply healed tho wo,,nd' Heals
sores, burns and skin diseases. Cuarar-
Seed at W. Il Pelham & Son, Druggists.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-10-01
New Market. .

have opened a first class
Meat Market on Friend street.
next door to the Observer office,
and am prepared to furnish
choice meats Of all kinds.
All orders entrusted to me
will receive my personal at
tention.
Come to see my market.
1t is the Gle eanest and most up.
to-date market in NeWberry.
J. A. WRIGHT,
Friend Street.
Phone 232.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-10-01
NOTICE..

Notice Is hereby given that we will
make 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 II 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.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-10-01

Every bride should possess a lot of
patience and a cook book.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-30
HE FELL 1000 FEET.
A BalIoonist Failed to Make His
Parachute Work

Barnstable, Mass, Aug. 30.-Nearly
five thousands persons at the Barnstable
county fair saw Professor Maloney a
balloonist, drop two thousand feet to
earth, strike on top of cedar fence post
and escape with his life. Maloney made
his ascent late in the afternoon and as
the visitors at the fair grounds gazed
upward they saw that his attempts to
cut his parachute loose were fruitless.
sharp easterly wind had blown the
rope which connects with the knife
among a mass of cords higher up and
out of reach of the balloonist.
For fully two miles Maloney foated
along. The gas was rapidly leaking
from the bag above him, and he pre-
pared for the long drop. Maloney and
the balloon came earthward rapidly. AS
it neared the earth the canvas fell
about the body of the aeronaut and pre-
vented him from seeing where he was
falling.
He struck in half standing position
on the top of big cedar post used by
a farmer to n ark off his field. His back
was terribly torn and his left arm badly
injured.
A long line of automobiles headed by
one carrying Governor Curtis Guild
who was a visitor at the fair. rushed to
the spot where Maloney had fallen. The
man was picked up in senli-conscious
condition and was hurried to his hotel
in Barnstable center.
Physicians who attended Maloney say
that he is not internally injured and
will recover
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-30

sault of Umpire Guthrie in Topeka,
during the last series of games played
in the city.
There is liable to be a noticeable abb
sence of automobiles in the Labor day
parade as a number of owners are con-
templating a trip to Lawrence on that
day to attend the second American
Motor-League meeting which will be
held in that city.
South Kansas avenue, or that portion
of it from Tenth avenue on, seems to be
a sort of speed course for some of the
automobiles of the city. Certain 1t is
that a frightful accident will result at
one of the crossings before long unless
the speed artists mend their ways.
The fire department was called out
last night to investigate the cause OF
smoke which was prevalent about
William Green's grocery store. 1t was
a case of over cooked meat and there
was no damage excepting to a veal
loaf which was over cooked
A meeting of the Shawnee Bar as
ISOLATION is called to meet in the dis
trict court room Saturday morning for
the purpose of passing resolutions
relative to the death of A. L. Will
liams and making arrangements for
attendance at the funeral.
A fellow, whose girl lives in the sub
urbs, has figured it out that during the
past two or three months he has travelled
trolley cars for the sake of spending a
few hours with her. He's more than a
martyr and the writer ought to know
for he is the man referred to.
Rex T. Kreipe, secretary Of the Kan
sas State Exposition company, is not
alone in his belief that the race meet to
be held at the fair grounds two weeks
hence is to be one of the greatest af-
fairs of its kind in the history of Kan
sas. Everyone who has looked over the
entry list for the various races and is at
all familiar with. the situation, shares
Mr.. Kreipe's opinion.
S. R. Wells who is building the new
Novelty theater on the corner of Eighth
avenue and Quincy street returned to
Topeka this morning after several weeks
spent in inspecting various properties
owned by the company of which he is
member. The work on the theater has
been delayed on account of the nom
arrival of a car load of buff brick which
is to be used in the front of the building.
The material has been ordered for some
time and is expected to arrive daily
when the work of building will be rush.
ed to completion.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-30
The Races at sabetha.

Sabetha, Kan. Aug. 3O.-A crowd
numbering over 5000 persons attended
the fair and races here. Sabetha has
many automobiles and many came in
their machines to the races. In the an
nual race for the Sabetha Driving clubs
silver cup, participated in by club mem
bers only, w. A. Doolittle won for the
third year and the cup becomes his
permanent property. The club will Of
fer another trophy valued at fully $3.50.
The races Thursday resulted as fol-
lows:
Pace, 2:30 class-First, Elda s.. owned
by L. NJ. Herman of Hiawatha: second,
Capitola, owned by George w. Myers
of Sabetha; third. Major Lee. owned
by Clarence Dingley of Salem, Neb
Best time, 2:20A.
Trot, 2:25 class = First, Western
Wilkes, owned by G. H. Bunker of Sa-
betha; second, George G. Hill, owned
by E. G. Thompson of st. Joseph; third,
Julia S., owned by E. R. Murphy of
Seneca, Kan. Best time, 2:25H
Running race, three-quarters of a
mile dash-First, Miss Platt, owned by
George Maglott of Hiawatha, Kan;
second David Pratt, owned by Andrew
Sharp of Axtell, Kan; third, Recus,
owned by Henry Hunsiger of Dubois,
Kan Time, 1:19.
In the farmers half mile trot Cory.
owned by ]. j. Weller of Salem, Neb.,
finished first. Time. 1:26.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-30
SHOT wife AND CHILD.
Hotel Keeper at Ocean Grove Then
Killed Himself. Is

Ocean Grove. N. J., Aug 30.-In the
presence of a number of boarders in the
New Jersey House. a hotel of which
he was the proprietor Robert S. GRAY
att, Al years old. shot and perhaps NOR
tally wounded his wife, Irene; seriously
wounded his -9-year-old daughter. Mol
lie, and then killed himself. Domestic
trouble Is said to have been the cause
of the tragedy.
me couple quarreled in the hotel
dining room during the dinner hour.
Gravatt pulled a revolver and began
firing at his wife. She fell with a bull
Iet IN ner leg and the child rushed be-
tween her parents to shield her moth
er and was shot in the thigh. When
the child fell, Gravatt fired two other
ouliets into his wife's PROSTATE body
ana then sent the remaining bullet into
his own brain.
Gravatt was well-to-1o. Besides be-
ing proprietor of the hotel where the
tragedy occurred, he owned a store in
ASbury park.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-30
AUTOS ARE BARRED.
Except Those Carrying Official Guests
to Roosevelt Home

New York, Aug. 307-AutomobiIes 9TH
er than those carrying official guests of
President Roosevelt have been barred
from the Sycamore Hill drive leading to
ana around the presidents home at
Oyster Bay. A big sign giving notice to
this effect has been put up just off the
main road. Sighteers who have had no
appointment with the president have
been permitted to drive through the
presidents grounds and around the
house provided they did not stop on the
way. Many automobilists have recently
attempted to make the trip and have
given the secret service men much trou-
BILE. hence the sign
From IS to 100 persons make the tour
of the presidents grounds each day
They are generally out of town visitors
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-30
FISH GIVES UP PROPERTY.
Held Some Valuable Real Estate as
President of Illinois Central.

Believille, Aug. SO.-A deed was
filed for record here yesterday trans
ferring all property held by Stuy-
vesant Fish in East ST. Louis to the
Illinois Central Railroad company
The property consists of a valuable
tract of land situated west of Cahokia
creek and adjoining the Illinois Cen
trail right of way leading to the Mis-
named is 81. 1t is stated by railroad
men that the property was transfer
red to Mr.. Fish when he was president
of the company for an extension of
the yards of the company. Now that
he is no longer president it is trans
ferred back to the company.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-30
To contradict certain talk

To contradict certain talk
and to pot the CONSUMING pub-
lie In possession Of the truth,
we say IN plain words that no
one IN this town can self as
good coffee as Arbuck1es'
ATiosa for as little money.
Misbranded and make-believe
Mocha and Java, or coffee sold
loose out of bag or bin, is
not as good value for the money,
nor can it be sold at as narrow
profit, nor reach the consumer
under as favorable conditions.
When you buy .Arbuckles'
Ariosa Coffee you get more than
16 net ozs. of straight, wholesome
Brazilian coffee from the largest
coffee firm in the world, with that
firms direct assurance that they
are giving you the best coffee in
the world for the money.
4Gs5ucKIE BROS New York CITY
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-30
REPLIES TO BRYAN.
Taft Comes Back at the Nebraska
Man in Denver Speech.

Denver, Aug 30.-The most i'm
portant event of busy day in Den
yer for Secretary of War, William H.
Taft, was a speech which he de-
livered on the steps of the state CAPT.
toll. He closed his stay in this city
with a reception given by Yale men
at the University club and a dinner at
the Brown Palace hotel. at which
hundred prominent Republicans of
the state sat down.
At 6 u clock last night Mr.. Taft left
for Yellowstone Park.
The Secretary's voice went back on
him and he called in a specialist to
treat his throat so he could be heard
in the open air. The specialist re-
ported that there was nothing serious
the matter with Mr.. Taft's throat
After leaving Fort Logan Secretary
Taft announced that Fort Logan and
Fort Douglas. near Salt Lake would
marked that the reservation at Fort
Logan is not large enough to ac-
cemmo date brigade.
A crowd of several thousand peo-
pie waited in a drizzling rain for
some time on the capitol grounds for
Mr.. Taft to speak and greeted his talk
with frequent bursts of applause.
His address in the main was
repetition of his Columbus speech. He
deviated somewhat to reply to the
Bryan on trusts. He said Bryan
wanted to extirpate the trusts. "If
he means by this that he wants the
trusts dissolved into their constituent
parts Mr.. Taft said, eve do not agree
with him. We want the good ones
continued and the bad ones abolished
and all properly regulated"
He said the difference between
Bryan and Roosevelt was that Roose-
welt had faith in the people, he had
faith that good men could be secured
to enforce the laws, whereas Bryan
did not trust the courts and offered
the initiative and referendum as cure
all.
"I am not particularly of a bloody
turn of mind" said Mr.. Taft. but
am convinced that the infiiction of an
imprisonment penalty upon the re-
sponsibe railroad or corporation Of
ficials who violate the law would have
an instantaneous beneficial effect. The
fine of more than 20 million dollars
imposed by Judge Lands against the
Standard Oil company, was comment
dable but forty or sixty days i'm
prisonment in the county Jail of its
president or local manager would
have been even more effectual and
the penalty would not be nearly so
difficult to execute"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-30
MORE RATE COMPLAINTS.
Ten Lines in Iowa and Illinois VIII
Have to Answer Them.

Washington. Aug. 3O.-A general
complaint, covering ten railroads in
the corn belt of Illinois and Iowa,
has been filed with the Interstate
Commerce commission. The terminal
charge at the Union Stock Yards on
car loads of cattle shipped from points
in the corn belt in the two states by
members of the Corn Belt Meat Pro-
ducers' association is complained of.
The commission, in two decisions
rendered in August. 1905, in cases
brought by the Cattle Raisers' Asso-
citation of Texas against the Missouri,
Kansas & Texas and the Burlington
systems, ordered that the terminal
charge of 50 per car be reduced one
half. In this general complaint filed
by H. c. Wallace, secretary and as
signee of claimants in the Corn Belt
Meat Producers association repara-
ton is asked for several hundred
shipments of 81 on each car. The
total amount asked for is not stated
in the complaint, but it runs into
thousands of dollars. 1t involves ship
ments of cattle and other live stock
from many Illinois and Iowa points
to the Union Stock Yards in Chicago.
The roads have refused to obey the
order of the Interstate Commerce
commission, it is alleged, and in viola
ton thereof are still charging the old
terminal rate of 50 a car on all live
stock going to the Union Stock Yards
The railroads made defendants in the
complaint are as follows: Chicago
and Northwestern. Chicago, Rock
Island and Pacific, Chicago Great
Western, Chicago, Burlington and
Quincy, Illinois Central, Iowa Central,
Chicago, Milwaukee and ST. Paul,
Minneapolis and st. Louis and Will
mar and Sioux Falls.
The cases in which the decision was
rendered and which it is sought to
apply to these complaints were the
Cattle RaiserS' Associa ton of Texas
against the Missouri. Kansas and Tex
as and the Burlington system.