The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1894-03-07
Another Lawsuits Caused by
the June Bugs,
An Injunction to Prevent the Disnsena-
bermseat Of Berkeley County.
!. News and Courier.

the lines of Berkeley County viii
have to run the gauntlet In the
Courts before it can become effective
Just few days ago Governor Til.
man appointed j. c. Guilds. W. N
Jones. I. N. Wilson, Peter Nelson
Charles H. Wilson and G. n
scruggs as commissioners to make
arrangements for selecting a new
county seat. Now comes an injunc
ton restraining the commissioners
from taking any steps in the matter.
Nh. Charles S. Venning, attorney
for Julian Fishbdrne, w. M. Viii,
liams and D. T. Harmon, appeared
before Judge D. A. Towsend yester.
day morning and presented peti.
ton for restraining order.
After reviewing the history Of
Berkeley County and citing the new
county law, copy of which is attach
ed, petition concludes
Fourth a. The plaintiffs ailege
and submit that the said Act OF
December, 1898, is contrary to the
provisions of Section 2, Article z,
of. the Constitution Of this State,
which provides ):
s.Tbe judicial districts shall be here
after designated as counties, aud the
boundaries of the several counties
shall remain as they are now estab-
Iished Provided, that the General
Assembly shall have power at any
time to organize new counties by
changing the boundaries OF the old
counties
And the plaintiffs submit that the
Act of December, 1898, violates this
provision of the Constitution, in that
It does not suffer the boundaries OF the
said counties established by the Act
of 1882 to remain undisturbed, but
undertakes to change the same other
than for the purpose Of organizing a
new county. And these plaintiffs
submit that the General Assembly OF
this State is without power to change
the boundaries of any existing coun-
ty except for the purpose OF organ
ling bew county,
Fourth. {2) That the defendants
are a board of commissioners ap-
pointed by the Governor, B. r.
Tillman, of the said State, in pur-
suance of the said Act of 2lst OF
December, 1898.
Fifth That Section 4 of the Act of
December, 1893, provides for the
appointment BY the Governor OF a
board Of FIVE persons. one from each
of the subdivisions known as par
ishes, out of which the said county
Of Berkeley is thereby formed. and
one, citizen of some other county
than either of the counties of Charles.
ton or Berkeley.
Sixth That Section 4 further
provides that said board shall select by
vote, majority of them, a suitable
site of the county seat of the coun-
ty of Berkeley, and shall, as soon
thereafter as sufficient notice can IN
their judgment be extended to the
qualified voters of Berkeley County,
submit the question of suitableness OF
the place so selected by them as
the site of the county seat of said
county to special election, at which
all the qualified voters of said county
shall have the right vote ON the
question, to wit, all who shall have
resided twelve months within the State
and sixty days within the borders of
Berkeley County as fixed by this
Act.
Seventb. That Section 4 further
provides that if majority of the
ballots cast in accordance with the
provisions of said Section 4 of said
Act be in favor of said selection, then
the board shall notify the Governor
and report the result of said election
and selection, and the Governor
shall then by proclamation announce
the result thereof, and the place
selected shall be the county seat Of
the county of Berkeley.
Eighth. That Section 4 further pro-
vides chat the said board shall each
receive three dollars per day for each
day necessarily engaged in the
duties imposed, and five cents per
mile each way for all necessary
travel in performing their duties, to
be paid by warrant of the county
commissioners based ON the verified
statement of said board, on the county
treasury TO be paid out of amy moneys
for county purposes.
Ninth. That said Section 4 fur
ther provides that each notice of
election to be had in accordance
with the provisions of this section be
bv publication thereof in a county
paper-at least once week for three
successive weeks
Tenth That Section provides