The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1904-02-24
WILL TEST Tue Law.
Interested Parties will Ship shad
Fish.

IN the United States Circuit Court
yesterday Attorney j.. P. K. Bryan.
representing Mcdonald & johnson,
Heriot & McQuade, Rainey 7. Cath
on, Thomas s. Munnerlyn and st.
Julien N. Lachicotte, all of George
town, S. c., filed a bill in equity for
injunction against the Southern Ex-
press Company, in which plaintiffs
pray the court to grant them writ Of
Injunction restraining and enjoining
the defendant company from refusing
TO receive from them shad fish deliver
ed and to be delivered by them to the
defendant for transportation to points
outside of the State of South Carolina,
and from refusing to transport same
to points outside the State as hereto
fore in the usual course Of their busi-
ness as Interstate common carriers.
The suit is brought to test the con-
ssitutionality of the ACT passed By the
General Assembly Of the State Of
South Carolina, during the present
session, making it unlawful to ship
or transport any shad fish beyond the
limits of the State on and after Feb
ruary 30, 1904, under penalty therefor
provided.
Petitioners claim chat in the latter
part of the year 1908 they entered into
contracts whereby they received in
their business large sums in advances,
and therefore contracted to ship to
persons outside the State certain daily
shipments of shad during the present
season and have expended large sums
in equipment Of their business, and
have made and are now under con-
tracts with large number of en-
ployees, fishermen and others for the
shad season; aad show that this
threatened discontinuance by tha de
PENDANTS of the Interstate carriage of
shad will deprive them of the only and
customary means Of quick and direct
transportation of shad fish, perisha-
ble article, and will destroy their bus
mess and cause petitioners to break
all their existing business contracts,
and involve them in irreparable loss,
and infict upon petitioners irrepa rable
injury to their damage SIS, 0C0 and
upwards, and will involve them in a
multiplicity of suits in addition to the
destruction of their lawful Interstate
trade and commerce and business.
Petitioners claim that the Act Of the
General Assembly referred to at.
tempts to hinder and prevent Inter
State trade and commerce, in forbid
ding the receiving and transportation
of any shad. fish outside the limits of
the State, and thereby is a burden
upon and regulation of Interstate
trade and commerce by the State Of
South Carolina in contfavention of
Article 7, Section 8, of the Constitu-
tion of the United States.
On hearing and fling the verified
bill Of complaint for injunction in the
above entitled cause and on motion Of
J. P. K. Bryan, solicitor for, the COM
plainants, Judge Simonton signed an
order and decree directing that the
Southern Express Company do show
cause before the United States Circuit
Court. at il a. m., on Wednesday,
March 8, 1904, why preliminary in
junction should not be granted as
prayed in the ssid bill of complaint
Pending the hearing the Southern
Express Company is specially restrain
ed and enioined from refusing to re-
ceive from the complainants and each
of them shad fish delivered and to be
delivered for transportation to points
outside the State of South Carolina,
and from refusing to transport tbe
same to points ouside of the State as
heretofore in the usual course Of their
business as Interstate common car
riers.
It was also ordered that the COM
pIainants within FIVE days from date OF
the order enter into bond to the de-
fendant company in the sum of s., oC0,
conditional to pay to the defendant
any dam. .ges resulting to the defend
ant company by reason Of the granting
of the restraining order in case the re-
strainiHg order should he held to be
improvidenfly issued. N. and Courier.
Disaster in the Philippines.
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