The news and herald. (Winnsboro, S.C.) 1877-1900, 1895-06-25
THE REGISTRATION CASE BE-
FORE JUDGE SIMONTON.
The Motion to Amend Refused, the
Injunction Dissolved and the Bill
DismjSSed


The Motion to Amend Refused, tn
Injunction Dissolved and the Bill
Dismissed.
The case of Frederick Pratt ent
Samu Price John Gary Evans, Gov
ernor of the State ofSouth Carolina, ant
P. Butler Mccoy, a commissioner O
election for Richland county, and Ar
thur E. P. Bedenbaugh, supervisor O.
registration for Newberry County
South Carolina, came up in the Unitet
States Circuit Court Wednesday o
last week, Judge Simonton presiding
Argument was made by DR.. Sanlp
son Pope for the bill, and by Ger. 3lc
Grady, the Attorney General and Mr
Mower against.
The Court then rendered the follow
ing decision:
The United States of America, ,Distriet
of South Caroins--In the Circuit
Court--Fourth circuit--In equity
Frederick Pratt and Samuel Price
complainants, VS.. John Gary Evans.
Governor of the State of South Car
olina, and P. Butler Mccoy, com
missioner of election for Richlano
County, in said State, and Arthur E.
P. Bedenbaugh, supervisor of regis
tration for Newberry County, South
Carolina, defendants.
The bill in this case originally was
brought against John Gary Evans, Gov
ernor of South Carolina, and P.Butlel
Mccoy, a commissioner of election.
and the prayer of the bill was for al
Injunction in these words:
"That your Honor, will be pleased
: to grant them, in their own behalf and
in behalf of other citizens of African
descent in the said State of South Car
olina similarly injured and threatened
the writ of injunction restraining the
said John Gary Evans, as Governor
aforesaid, from appointing commits
sioners of election for the election ol
delegates to such said Constitutional
Convention, and also restraining the
the defendant, Butler Mccoy, from
acting as such commissioner in that
regard, and restraining the said John
Gary Evans, as Governor aforesaid,
from issuing any writ or writs, or other
orders or proclamations, or other
directions looking to the election Of
delegates to such a Convention, and
also restraining any and all persons
from holding elections or assembling
together as such Convention And
also for general relief.
The bill coming on to be hearo
before Gof, j., after full argu
ment, the prayer was denied, and the
Injunction asked for was refused.
An amendment was then allowed
whereby Arthur E. P. Bedenbaugh,
supervisor of registration for NeWber'
~ County, in said State was made a
party defendant, and the prayer OF
the bill was amended in these words:
ssThat an order of injunction OF this
honorable Court may issue, directed to
Arthur E. P. Bedenbaugh, supervisor
cf registration for Newberry County,
in said State, enjoining and restraining
him from exercising in any manner
the duties Of his Office in registering
voters until the further order of this
Court
After this amendment a rule was
granted, directed to Bedenbaugh, dl-
recting him to show cause Why an IN
junction should not be issued against
him as prayed for in the said amend
ment. Cause was shown, and alter
argument a temporary injunction was
granted, signed by both the Circuit
Judges, following the case Of Mills vs.
Green, recently decided in this Court.
The case now comes up on a motion
by the Attorney General to dissolve
the Injunction and dismiss the bill.
It will be observed that the sole
question is as to the supervisor OF
registration.
The decision of the Circuit Court OF
Appeals of the 4th circuit, in the cause
of Mills VS.. Green, leaves no Alternative.
It controls this Court, and decides the
precise question at issue. A super
visor of registration cannot be cou-
trolled in the exercise of his official
duties by an injunction issuing out OF
this Court as a Court of Equity.
Obeying the authority of that case'
let an order be entered dissolving the
Injunction heretofore entered against
Arthur E. P. Bedenbaugh, supervisor
of registration for Newberry County;
As the other prayer in the original
bill has heretofore been refused the bill
will now be dismissed.
Charles H. Simonton, Circuit Judge.
June 19, 1895.
DR.. Sampson, Pope said that the
case would be taken to the Supreme
Court of the United States on appeal