The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1895-06-26
The Bill Dismissed.
THEREGISTRATION CASE
BEFORE JUDGE
SIMONTON.

Samuel Price VS.. John Gary Evans.
Governor Of the State Of South Caro-
lima, and P. Butler Mccoy, a commits.
sioner of election for Richland Coun-
tv. and Arthur E P Bedenbaugh,
supervisor of registration for New
berry County, South Carolina, came
up in the United States Court yester-
day, Judge Simonton, presiding
Argument was made by Dr. Samp.
son Pope for the bill, and by Gen.
McCrady the Attorney-General aud
Mr. Mower against.
The court then rendered the follow
ing decision:
The United States of America, Dis
trict of South Carolina-ln the
Circuit Court-Fourth clrcuit-ln
equity Frederick Pratt and Sam
uel Price, complainants, VS.. John
Gary Evans, Governor of the State
of South Carolina. and P. Butler
Mccoy, commissioner of election
for Richland County, in said State,
and Arthur Z P Bedenbaugh, SUI
pervisda- of registration for New
berry County. South Carolina, de
PENDANTS.
The bill in this case originally was
brought against John Gary Evans,
Governor of South Carolina, and T
Butler Mccoy, commissioner Of
election, and the prayer Of the bill
was for ali 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 Carolina similarly injured and
threatened, the writ of injunction
restraining the said John Gary Evans.
as Governor aforesaid, from appoint
ing commissioners of election for
the election Of delegates to such said
Constitutional Convention, and also
restraining the defendant P Butler
Mccoy, from acting as such COM
missioner in that regard; and re-
straining 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 Convention, and also re-
strainipg any and all persons from
holding elections or assembling to-
gether as such Convention And
also for general relief
The bill coming on to be heard be-
fore Golf. j., after full argument, the
prayer was denied, and the injunc
ton asked for was refused.
An amendment was then allowed
whereby Arthur Z. P Bedenbaugh,
supervisor of registration Ior New
berry comfy, in said State was made
a party defendant, and tn" prayer Of
the bill was amended in saese words:
That an order of injun. 'on of this
honorable Court may is~''... directed
to Arthur Z P. Bedenbangh. super
visor 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 a rule was
granted. directed to Bedenbaugh, di.
recting him to show cause why an
injunction should not issue against
him as prayed for in said amendment
Cause was shown, and after argument
temporary injunction was granted,
signed by by both the Circuit
Judges, following the case Of Mills
VS. Green, recently decided in this
Court.
The case now comes up on mo-
ton by the Attorney General to dis
solve the injunction and dismiss the
bill
1t 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 1t controls this Court,
and decides the precise question at
issue. 4 supervisor Of registration
cannot be controlled in the exercise
of his official duties by all injunction
issuing out Of this Court as Court OF
EQUITY Obeying the authority OF
that case, let an order be entered
dissolving the injunction heretofore
entered against Arthur 4. ?. Beden-
baugh, supervisor of registration tor
Newberry County.
As the other prayer in the original
bill has heretofore been refused the
bill will now be dismissed.