The herald and news. [volume] (Newberry S.C.) 1903-1937, 1905-11-24
THE DlSPENSARIES
WILL NOT Be CLOSED
cu1EF JUSTICE POPE GRANTS
RESTRAINING ORDER.
Aoplies to Greenville Alone-Latest
Move by Bellinger & Welch IN
Their Endeavos to Prove
p. >--. -@sBrice Law" Unconsti-
tutional.

The State of-ryesterday prints the
following in the further fight which
is being made in the courts against
the voting out of the dispensaries IN
the several counties of this state
which has been going merrlly on
despite the injunction cases:
A new move was made yesterday IN
the legal fight the object Of which is
to prove that the "Brice law is I'M
constitutional. In rhe litigation which
has started prior to this time the at
tempt has been made to have reopened
the dispensaries which have already
been closed. The new move means
that an attempt will be made to pre-
vent the dispensaries from being
closed at all.
At 'New'berry. last night Chief JUS
tice Pope at chambers granted tenn
porary injunction restraining the
county board from closing the dis
pensary until the board could show
cause. why the dispensaries in that
County should be closed. The date
set for the return to the order is De-
cenber 4th at 10 o'clock a. m. before
the supreme court in Columbia. BY
that it willbe seen that the dispensa-
ries in Greenvi11e will be kept open
for at least another fortnight. i.
Mr.. R. H. Welch, representing the
firm of .Bel1inger & Welch, presented
the complaint, to Chief Justice Pope
last night and received the temporary
restraining order. MI. Bellinger, who
was seen at his office last night, wos
asked the direct question if his firm
had been employed by the State dis,
pensary to bring this systematic fight
against the "Brice law" He stated
that he had ben asked the same ques-
ton many times and he has but one
answer, an. emphatic denial. How
ever, he did not mention the names of
his clients as that was immaterial in
solar as it is not the state board by
whom the firm is employed. :,
In this particular case Louis. r. Cox,
"a citizen and taxpayer of Greenvil1e
county, is named as the plaintiff and
the respondents are James Hodges,
=. A. Harris. and E. D. Cox, the, men,.
bers of the county board Of that coun-
fy..#: It, is alleged that the plaintiff
has in school in that county grand
children. to whose support he con-
tributes and that the closing of the
dispensariess under the operations of.
the, Brice law would mean that the
Sschoc1s of that county would be dis
criminated against in the distribution.
tof school funds; as the surplus fund is
cut off entirely by the law.
The complaint urges the SAM
charges against the law rs ,wcrs sre-
Gifted in IT,: case to compel tic reop-
ening Of the -,Newberry d'sncnsa-y,
viz, that it is unconstitutiona, t. as
sess a special. tax OF 1-2 Of a mill T.
assist the enforcement of general
and state law. And that this is special
legislation and is depriving citizen
( Of his property without his consent.
The complaint shows the following
sums have ben turned over to the
county school fund: 1890, $6,227.8o;
1900, $3,36o.3o; 1901, $3,6o1.51; 1902,
$1,34o.21; 1908, $5,885.82; 1904, S12,-
1896; 1905, S4,371.62, making total
OF $37,ooo.4o; and the profits received
by Greenville county for the same Pc
riod have aggregated, $6o,451.oo, with
an equal amount for the city of Green
vile. The amount of school fund
which it is alleged would be cut off
from Greenville county by means of
the operation of the "Brice law"
would be S1,o63,6o.