The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1902-11-26
Lee COUNTY CASE
BEFORE THE COURT.
important Motion Presented Yes
terday--lnyoIves Validity of Act.

ferday--lnyolves Validity of Act.
This morning the annual fall term
Of the State supreme court will begin,
and there will be matter of consider
able moment before the court at the
opening session. Yesterday morning,
pursuant to the order of recess hereto
fore passed the court met at 20 O'Clock
and there being no business before the
court, the April term of 1902 was ad-
iourned sine die.
The very first matter that will pro-
! badly occupy the attention Of the court
will be motion Ia the pending case
involving the validity of the act of the
general assembly establishing Lee
county. The attorneys in the case are
Robert W. Shand, Esq.,, of this city
for the petitioners, who oppose the
new county, and former Judge j. II.
Hudson, Gen. Leroy F. Youmans
and B. Frank Kelley, ESQ.,, of Bishop
vile, for the respondents, the officers
of old counties from which the new
county is taken.
| Some time ago the parties represent
ed by Mr.. Shand filed petition with
the court in the case of ''Wm. w.
Fraser, ct al, respondents" asking
the court to enjoin the county officers
from proceeding with the carrying
out of the provisions of the act Great
ing the county of Lee, alleging the.
unconstitutionality of the act. On
this rule to show cause was issued.
against the respondents.
The allegations contained in the peti-
tion were to the effect that Lee coun-
! ty did not receive the favorable vote
] Of two-t thirds of the qualified electors
! voting in each section of the proposed
new county; that the new county
did not have the necessary population
and assessed value of property, nor
leave the necessary population and as
sessed value of property in the three
ol9. countries from which it was
carved; that it has not the boundaries
in the act designated in the petition
that should have controlled the election
and that it has cut the county of Sum
ter within eight miles of its court
house building.
The return of the respondents denies
emphatically each and all of these al
legations, and at length shows to the
court reasons why they are without
founation. It alleges that the petit
TONERS have taken the misnaming OF
one or two points to mean that other
lines than those in the original survey
were used, whereas the county lines
were actually laid out according to
that survey. Afhdavits are presented
as to the figures on population and
assessed valuation, and In conclusion
the return asserts that the opponents
of the county have had ample remedy
already, having fought the matter be-
fore the governor and at every other
! point.
The hearing on the petition has not
yet been held.
The motion to be made this morn
ing is stated in the following notice
Just served on the attorneys for the
respondent:
''Please take notice that the open
ing of the November term of the su-
preme. court on Tuesday, Nov. %,
1902, st 10 a. m., or as soon thereafter
as counsel can be heard, motion
will be made before said court for
an order referring it to some suitable
person as referee to take testimony up
on all the issues of fact raised by the
pleadings in this case with directions
to report the same, together with his
findings Of fact to the court.
And also at the same time and
place a motion will be made before
the same court for an order enjoining
and restraining the respondents from
turning over to the county board of
commissioners of Lee county or such
other officers as may be exercising.
their authority, the public buildings
bonds, obligations, lands or money
in their hands belonging to, or held
for the said alleged county of Lee,.
or from otherwise ceasing to discharge
any of the duties imposed upon them
by section 2 of the said act of the
legislature to establish Lee county, .
% Stat, p. 1896 until the final
judgment is rendered in this case or
until the further order of the court.
These motions will be based upon
the petition, return and the TRAVERSE
in said case now on file in said court. .
The State, Nov. %.