The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1895-05-08

1t was an oversight. lie handed ovel
the original. This completed the
pleadings in the Mills VS.. Green case.
THE GOVERNORS RETURN.
Thereturn of GovemorEvans, in the
case brought by Caldwell and Pope, is
as follows:
United States Of America, District OF
South Carolina, Fourth Circuit-ln
Equity.
Frederick Pratt and Samuel Prince,
complainants, VS.. John Gary Evans,
| Governor of the State of South Caro-
lima, and P. Butler Mccoy, com
missioner of election for Richland
county in said State, defendants.
And now comes John Gary Evans,
Governor of the State of South Caro-,
lima, upon whom has been served an
order of this honorable court, enjoln-
ing and restraining him from any and
all action looking to the holding of a
Constitutional convention, to be held
on the second Tuesday of the month
of September. 1895, until the further
order of the court and calling upon
him the said John Gary Evans as
aforesaid, to show cause. if any he
can, before the Circuit Court of the
United State, to be holden at Colum.
bia. in said State. on Thursday, the I'd
of May, \. D. 1895, at u o'clock noon
why he should not be perpetually en-
joined from ordering, holding or
procuring to be held in said State any
election or elections, for delegates to a
convention for the purpose of revis-
ing or changing the Constitution of
the State of South Carolina and order
ing him to answer under oath to inter
rogatories filed with the same bill on,
or before the said I'd day OF May, 1885,
and for cause says:
/. That he is Governor of the State
of South Carolina, and as such. is not
amenable to the jurisdiction Of TINS
court for his conduct in his political
capacity as Governor as aforesaid
That the matters, facts and things
complained of in the said bill and upon
which the INDUCTION has been improvi-
dently granted are all matters relating
to the political duties of his office for
which he is amenable alone to the peo-
pie of the State, and to which his con-
duct can be questioned only in a high
court of Impeachment.
2. That he submits that the bill pre-
senis no question arising under the
| Constitution or laws Of the United
State to give jurisdiction to this honor
able court
5. That he submits that the bill pre-
sents no case upon which the jurisdic-
ton of a court of equity can be found
ed, as there are plain and adequate re-
medies at law, for the correction Of
any of the matters and things alleged,
if the said allegations be true.
4. That this is in effect suit against
the State of South Carolina in viola
ton of the 11th amendment of the
Constitution of the United States and
this honorable court, sitting as court
of equity, has no jurisdiction.
5. That he submits that if the case
! as presented were one for equitable
jurisdiction, the bill is multifarious
and cannot be maintained.
6. That should this honorable court
hold the case as presented by the bill
of complaint to be within its jurisdlc-
ton, he submits that under the rules
of the court he cannot be required to
answer the interrogatories appended
thereto until required to answer the
bill itself.
Z. That should this honorable court
hold that the case, as presented by the
bill of complaint, is within its juris.
diction, he submits that the charges in
the bill, imputing criminal motives
and conduct to the Governor of the
State, the General Assembly. and GER
tain other citizens, are scandalous and
impertinent, and should not be enter
tanned.
S. That the bill is fatally defective
for the purpose of this motion in the
allegation and in the verifcation, in
this, that there is no sufficient aver.
ment of irreparable injury and state
ment of fact supporting it, and that
the material facts on which the in
junction is sought are not positively
sworn to-
Wherefore your respondent prays
that the motion for a temporary IN
junction be denied.
N'CoY's RETURN.
Mr.. Baroer then proceeded to read
the rutu,n of Mccoy, which was as
follows:
And now comes P. Butler Mccoy,
commissioner of election for Rich
land county in the State of South Car
olina, and says:
l. That he san.election commissioner
fort State of South Carolina, and as
such. is not amendable to this court,
in his political capacity; that the
matters facts and things alleged and
complained of in compliments bill
and upon which the injunction has
been improveidntly granted, are all
matters relating to the political duties
of his Office
2. That he submits that the petition
sent no question arising under the
Constitution or laws of the United
States to give the jurisdiction to this
honorable court.
3. That he submits that the bill pre-
sents no case upon which the justifica-
ton of court of equity car Ae found
ed, as there are PLAN and adequate re-
medies at law for the correction fany
of the matters and things allowed, if
so be the allegations are true.
4. That he submits that if the case,
as presented, were one for equitable
jurisdiction, that the bill is multifar
ious and cannot be maintained. That
should the court hold that the case, as
presented by the bill of compliments
is with the jurisdiction if this homer
able court he submits that the charges
in the bill imputing criminal motives
and conduct to the governor and Gen
eral Assembly, and others, are scand-
alous and should not be entertained.
5. That the bill is totally defective
for the purposes of this motion in its
allegations and the verifications in this
that there is no sufficient averment of