The county record. [volume] (Kingstree, S.C.) 1885-1975, 1902-12-25
LEE COUNTY GOES ON THE MAP
Supreme Court D!snisses the Re-
straining Order.

Columbia STATE, lbtn.
A week ago the State Supreme
Court adjourned the hearing on the
petition for injunction in the matter
OF the formation Of the new county Of
Lee. the return to the petition having
been filed and the return having been
read and the case argued somewha.
at length by the council on both sides.
1t was gratifying to the counsel who
had upheld the constitutionality of
the act creating the new county and
the regularity Of all the proceedings
incident thereto. when upon the open
ing Of the court yesterday morning
the acting chief justice announced a
decision in favor Of the new county
and the following opinion was read
from the bench by Associate Justice
Jones:
The State of South Carolina in the
Supreme Court. November term,
1902:
William w. Fraser and others, Pc
titioners, VS.. w. A. James and others
as commissioners of Lee county, re-
spondents. Opinion by Jones, A. ].
By this proceeding in the original
Jurisdiction of this court petitioners
seek to enjoin the respondents as
commissioners of Lee county, from
performing any duty imposed upon
them by the act Of the general as.
sembly to establish Lee county ap-
proved 25th February. 1902. Stat. 1894,
upon the grounds set forth in the Pc
tition herewith reported. which as
sails the constitutionality Of said act
for the reasons that the said Les
county did not certainly receive the
favorable vote of two-thlrdS OF the
qualified electors in each section OF
said proposed new county, did not
certainly have the necessary popula-
ton and assessed value Of property.
nor leave the necessary population
and assessed value Of property in the
three old counties from which 1t was
carved: has not the boundaries in the
act that were designated in the pc
tition and should have been con-
trolled by the election; and has cut
the county Of Sumter within eight
miles Of its court house building
Respondents make return denying
the material allegations Of the pc.
tition, and petitioners gave notice OF
2 motion for a reference to take tes.
tirnony upon the issues Of fact raised.
Upon the call Of the case, howVer.
respondents made a motion to dis
miss the petition, being in effect a
demurrer thereto. upon the several
grounds set forth il their demurrer
or motion.
After carefully considering the mat
ter the court is of opinion that the
petition should be dismissed upon the
ground that it fails to state course
of action or facts warranting the In.
junction prayed. The case now pre-
scnted in Segars VS.. Parrott, 81 S. e.
l., wherein the former act creating
Lee county 2S Stat. 9OS, was declared
unconstitutional and the commits.
sioners hereunder were enjoined
from performing any duties imposed
upon them by said former act. In that
case the petition alleged, among other
things that the result Of election fof
the proposed county Of Lee in that
portion OF Darlington county sought
to be embraced within the area or
said new county of Lee was as re.
turned by the managers Of election
and as declared by the commissioners
Of election unfavorable to the crea.
ton of said new county, in that, as 50
reported and declared it failed to OBJ
tain two-thirds Of the qualified elec-
tors in the Darlington section III
favor of the new county. In this
case it is alleged that the man.
ayers and county election commits.
sioners declared as result OF SAID
election that two-thirds Of the ballot
cast separately in each of the coun-
ties of Kershaw, Darlington and Sum-
ter had voted Yes on the creation OF
the county and in favor Of Lee as its
name and 'Bishopville' as its county
seat" THAT the result Of said last
election was certified in le-
gal form by the commissioners OF cleo
ton for said three old counties to the
secretary of state and by him was SUBJ
mitted to the general assembly at its
next session. All which proceedings
we're conformable to law" In the case
of Segars VS.. Parrott the former act
creating Lee county was declared un-
constitutional because 1t appeared by
the result of the election as certified by
the commissioners Of election to the
general assembly that two-thirds OF
those voting in the Darlington section
were not in favor of the proposed new
county the majority Of the court hold
ing the view that the result OF the
election Is declared and certified by
the commissioners Of election to the
general assembly, in the absence OF
any judicial action setting it aside,
was final and conclusive as to such re-
suit and could not be disregarded by
the legislature. The constitution re-
ouired an election Of the proposed new
county leaving it to the legislature
to provide the mode OF ascertain
r-h