The Union times. [volume] (Union, S.C.) 1894-1918, 1905-08-25
DlSpfNSARY INJUNCTION.
Billy enjOinS Billy to Prevent
Him from Closing His Own
Doors After Sun Up and
Before Sun Down.

| Attorneys w. Boyd Evans and
lawson D. Melton appeared before
his Honor Judge d. A. Townsend
Tuesday afternoon and obtained a
temporary injunction against the
county board of control and dis
pensers preventing them from clos
ing the dispensarics under and by
virtue of the election held Tuesday,
the 18th inst. The rule issued by
Judge Townsend to show cause is
rcturnable September 4th.
The complaint is quite a lengthy
one and sets out the following allie
cations as reasons for the granting
of the order of injunction:
First that the plaintiff G.. Barnett
is citizen of Union county and a
qualified voter and elcctor. That
L. j. Betenbaugh, county super
visor, ordered an election to be
held August Is, 1905, under the
provisions of an act of the legisla
turc amendatory to the dispcnsary
law approved February 25, 1904,
in which the question of dispensary
or no dispcnsary was submitted to
the qualified voters of the county.
That on the 22nd of August the
commissioners of election had de-
clarcd said election, the result of
said election being in favor of no
dispensary. That the county board
of control and dispensers had
threatened and declared their in
tention to close the said dispensaries
and cease to operate the same as
result of said election. That the
election held under the provisions
of this act of the legislature is null
and void, because the act is uncon-
stitutional in several particulars.
That from information and belief
the plaintiff alleges that the petition
upon which the supervisor ordered
the election held did not contain
one-fourth of the qualified electors
of the county. That the election
was illegally held as the managers
Disseminated as to allowing certain
persons to vote and refusing to al
low certain persons to vote.
Attached to forming a part of
the proceedings praying for injunc-
ton are the affidavits of J. B. Will
banks who swears that his name
was on the petition presented to the
supervisor asking for an election on
the dispensary question. That he
did not sign the petition or au-
thorize any one else to sign for him.
A. b. Burgess swears that his name
was put on the petition without his
authority, knowledge or consent.
j. F. Wilbanks swears that he did
not sign the petition nor authorize
anyone to sign for him. Mr.. G. c..
May and Mr.. J. G.. Howell also
make affidavits about the petition.
Upon this showing Judge Townsend
issued the following order or rule to
show cause:
State of South Carolina,
County of Union.
In the Court of Common Pleas.
G. Barnett, Plaintiff,
against
r. NJ. Fincher, Ellie Kelly and
w. d. Wilkins, County Board of
Control of Union County, and
G. c. May, J. G. Howell and
| j. r. Askew, County Dispensers
of Union County, Defendants.
After reading and filing the COM
plant and affidavits in above en-
titled action, it is ordered, That the
defendants do show cause before me
at my chambers at Union, s. c.,
at eleven o'clock, on the 4th day of
September, 1905, why they should
not be perpetually enjoincd from
closing the dispensaries as result
of the recent election held on the
18th day of August, 1905. That
the said defendants are hereby re-
strained and enjoined from closing
and ceasing to operate said dispen-
saries until the further order of this
Court.
Let copy of this order be served
with the summons, complaint and
affidavits upon each of the defend.
ants herein.
D. A. TOWNSEND,
Circuit Judge.
At chambers, Union, S. c., 22nd
of August, 1905.