Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-04-11
TUESDAY, APRIL II, 1911.
SOUTH CAROLINA NEWS.

general assembly has purchased three
tracts Of land containing 235 acres for
approximately $4,000. This announce
ment was made here today by w. NJ.
| Riggs, the president OF Clemson. These
| tracts adjoin the Clemson college prop
erty and will be used for farming pur-
poses. The present Clemson property
embraces about 1900 acres. With the
new tracts the property will contain
| over 1900 acres.
- Darlington, April s: A. ]. Knight,
a postal inspector, appeared before
Magistrate p. T. War; today. and ask
ed for a warrant against E. L. Large,
a rural route mail carrier from Society
| Hill, on the charge OF breach OF trust
with fraudulent intent Large was ar
! rested and brought to Darlington, but
later released on bond Of $1,000. It is
alleged that at different times the car
rier received from persons along his
route money to obtain money orders.
and that he failed to turn II over to
the postoffice authorities upon his re-
turn. Large was in business for a
short time at Darlington, and Is known
by number Of Darlington people.
| correspondents are SEND
| ing out stories to the effect that the
revised winding-up commission will
probably make no further investiga-
tions. 1t Is pretty generally conceded
that the commission would not have
authority to do the thing contemplat-
| ed In the resolution passed at the re-
cent session Of the general assembly
providing for the investigation of the
| then winding-up commission and of
Il fha ffafra nf tho dionnp Il,,
1t is quite certain that, however ca
gerly the removed members Of the
winding up commission would welcome
thorough investigation at the hands
OF the committee provided for by legis-
lative act, they would not submit to
investigation by their successors
- Rarnwell, April 8: The court Of
common pleas for Barnwell county ad-
journed this afternoon after a session
of two weeks. Since Thursday the
court has been hearing cases in equity.
After hearing arguments for a new
| trial In the case of A. G.. Menefee VS..
Southern Railway company, Judge
Prince this morning reduced the ver-
| torneys for the defendant company
| Immediately gave notice that the case
would be appealed to the supreme
court. Mr.. Menefee was crippled In a
collision at Dent, a station near Co
lumbia, in 1908. A passenger train and
a light engine, of which Mr.. Menefee
was the engineer, collided. The YER
dict before the cut was one Of the
largest ever given In South Carolina.
Judge Prince was the guest Of the
Barnwell bar at a most enjoyable fish
dinner at Zorn's mill yesterday.
Columbia State, April 10: The
supreme court Of South Carolina has
ruled that a circuit Judge has no
power to suspend a sentence on con-
ditions after 1t Is pronounced. The
court has also ruled that a sentence
so suspended may be enforced even
after the expiration Of the period of
imprisonment set in the first instance.
This ruling, which Is considered one
or the most important ever delivered
| by the supreme court, will do away
with the custom Of suspending SEN
tences practiced by every circuit Judge
In the state. This point, which was
decided by the supreme court In pass
ing on the case of the State vs. Alb
bott and Dearman, seems to have
gone unobserved by most people, at
least so far as has come to public
notice. Attention was called to this
yesterday by Alfred Wallace, Jr, a
careful student Of current law, who
pointed out the opinion In the latest
number Of the advance sheets Of the
South Carolina state reports The opin-
| lon was written by Associate Justice
Woods In the case of the State VS..
Abbott from Spartanburg county.
Under plea Of guilty to an indict-
ment for gaming. Edward L. Abbott
and Frank Dearman were convicted
and Judge Purdy delivered the fol-
lowing sentence: 1T is the sentence
and judgment Of the court that the
defendants. E. l.. Abbott and Frank
Dearman do each pay a fine of $50
and do each perform hard labor upon
the public works of Spartanburg
county for one year, or each be i'm
prisoned in the jail Of said county
or the state penitentiary, at hard la
Dor for one year. Upon the payment
OF the fine imposed above this sem
tence will be suspended as to either
or both defendants paying their fines
respectively, as to Imprisonment, dur
Ing the good behavior OF the defend
ants respectively"
- Columbia special Of April 8, to the
News and Courier: Following the an
nouncement today that, upon the
boards unanimous vote, Gov. Blease
late last night vetoed the dispensary
distribution act, the state board OF
education, concluding its session here
today issued, through Superintendent
Swearingen, detailed statement of
the causes for the boards vote, and an
oft1cial outline OF other matters con-
sidered by the board. The following Is
the statement Of the board as to the
dispensary distribution Cor the Ste
vensonO act: For the following rea-
sons the state board of education
adopted resolution approving the ac-
tion or the governor, in Withholding
his signature from the bill to distrj-
butte the dispensary money, and q COM
mittee consisting Of three was ap-
pointed to draft substitute bill, which
will be presented to the general as
sembly, at its next session, with the
request that 1t be enacted. The board
Is Of the opinion that this money be-
longed to the common schools, and will
oppose any effort to use 1t for any 9TH
er purpose, and the governor will stren-
uously oppose, and If necessary, use
the constitutional power given him to
prevent this money from being used for
any other purpose than for the benefit
OF the common schools. In our opinion
the act providing for regulating the
distribution Of the dispensary moneys
paid into the state treasury by the dis
pensary winding-up commission is de-
fective In two important particulars.
This act does not furnish the county
boards Of education any basis for 'ap-
portioning,' among the schools Of the
several counties, the amount to be re-
ceived from this fund. II the county
board Of education could be given a
free hand in apportioning' this money
to the needy schools and school dis
tricts Of their respective counties, such
course would meet a long felt and
pressing need In the absence Of this
provision. however, the word tappor-
tioning' as used in the bill requires
the amount paid each county to be
distributed among the several districts
on the basis Of enrolment, Just as 9TH
er regular school funds are appor-
toned and distributed. Section No. 3
provides that the balance on hand July
l, 1912, 100000 shall be distributed on
that day on the basis of enrolment for
the scholastic year ending July l, 1912.
The scholastic year ends July 80, hence
while the purpose OF the bill may be
clear. the phraseOlogy is inaccurate.
Furthermore, the enrolment for the
Sobnlactir nanpnt ha