The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1895-06-26
BEFORE JUDGE SIMONTON.
The Re Gistration Cases Brought Up Before
Him and Dismissed.

CHARLESTON. S. c.. June 2l.-The
case of Frederick Pratt and Samuel
Price VS. John Gary Evans, Governor
of the State of South Carolina and p.
Butler Mccoy. a commissioner of
election for Richland County, ard
Arthur +. ?. Bedenbaugh, supervisor
of registration for Newberry County,
South Carolina, carne up in the United
States Circuit Court yesterday, Judge
Simonton presiding.
Argument was made by DR.. Sampson
Pope for the bill and by Gen. McCra-
dy, the Attorney General and Mr..
Mower against.
The Court then rendered the follow
ing decision:
The United States of America, District
of South Carolina-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 Richland
County, in said State, and Arthur
(. P. Bedenbaueh, supervisor Of
registration for Newberry County,
South Carolina, defendants
The billin this case originally was
brought against John Gary Evans,
Governor of South Carolina, and P.
Butler Mccoy, a commissioner Of cleo
ton, and the prayer of the bill was for
an injunction in these words:
That your Honor will be pleased to
grant them, in their own behalfand in
behalf of other citizens of African de-
scent in the said State of South Caro-
lima 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 of
delegates to such said Constitutional
Convention. and also restraining the
defendant, P. 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 9th
er orders or proclamations, or other
directions looking to the election Of
delegates to such a Convention, and
|elso 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 heard be-
fore Golf, j., after fl argument, the
prayer was denied, and the injunc-
ton asked for was refused.
An amendment was then allowed
whereby Arthur E. P. Bedenbaugh,
supervisor of registration for Newber-
ry County, in said State, was made a
party defendant, and the prayer of the
bill was amended in these words: THAT
an order of injunction of this honora-
BILE Court may issue, directed to Ar
thur E. P. Bedenpaugh, supervisor of
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 rule was
granted, directed to Bedenbaugh, di
recting him to show cause why an in,
junction should not issue against him
as prayed for in said amendment.
Cause was shown, and after argument
a temporary injunction was granted,
signed by both the Circuit Judges, fol
lowing the case of Mills VS. Green, re-
Gently decided in this Court.
The case now comes up on 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 reg
istration.
The decision of the Circuit Court OF
Appeals of the 4th circuit. in the case
of Mills VS.. Green, leaves no alterna-
tive. It controls this Court, and de,
cides the precise question at issue. A
supervisor of registration cannot be
controlled in the exercise of his official
duties by an injunction issuing out OF
this Court as Court of Equity.
Obeying the authority of that case, let
an order be entered dissolving the in
junction 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 II. Simonton,
Circuit Judge.
June 10, 1895.
DR.. Sampson Pope, said yesterday
that the case would be taken to the
S11nreme Court of the United States on