The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1905-11-15
IN THE COURTS.
Chief Justice Pope Issues Two Orders
About Brice Law.

SAASA
About Brice Law.
Petitions Come up From Newberry
County and = Hearing will Be
Had Mt Columbia Dec 4.h.
The dispsnsary fight against the
Brice law by Messrs. Bellinger and
Welsh and John G. Capers is on again.
Major Robert h. Wslsh appeared be.
fore Ohief Justice Y. J. Pope at Cham.
bers in Newberry Thursday and Sc
cured two orders in connection With
this matter. In both matters the
petitioner Is Adam Aull, a resident
taxpayer OF the county Of Newberry.
In the first petition he sets out that
out of the net income derived by the
state from the sale Of liquors in this
state under the ~dispensary law, after
apportioping the required amount to
the deficiencies existing in the var.
ious counties Of the state, there is
still remaining nthe state treasurer's
hands, subject to payment on the
warrant Of the c. mptrcller general, a
large surplus subject to apportion-
ment by the comptroller general
and he contends the common schools
Of Newberry are entitled to a portion
OF said surplus. That the said comp
troller general threatens, and is about
to so apportion said surplus fund, as
to deprive the common schools OF
Newbsrry Of any part thereof, and re-
fuses to draw bis warrant in favor OF
said schools for any amount whatso.
ever.
The petition then quotes article
XII, section IL, Of the constitution,
and certain acts of the general assem-.
bly,, and states there Is no warrant OF
law for refu sing to the common schools
of Newberry county a portion of said
sur plus, unless it be found In the 80
called Brice act, (which said act If,
as petitioner respectfully contends,
null and void, inasmuch as it contrav-
enes said article x L, section IL, Of
the GOES. tuition of this state. Petit.
tioner prays that said Brice Sc5 be
declared unconstitutional, and that
the comptroller general be restrained
from paying out to and drawing his
official warrant for the sum Of $685..
Sc, or any part thereof, in favor Of
the common schools Of any county
other than Newberry county, and that
he be directed to draw bis official war.
rant in favor of the common schools
Of Newberry county for their proper
tional share Of said surplus In p.opor-
tion to the enrolment in said public
common schools.
The order signed by Chief Justice
Pope in response to this petition di.
reefs that Comptroller General A. W.
Jones, the respondent, show cause be.
fore the supreme court, at Columbia,
on December 18th, why the prayer OF
the petitioner should not be granted,
and that he be enjoined and restrain
ed from paying out or drawing bis OF.
fetal warrant for $3.50 Sc, which sum,
it is alleged In the petition, would be
apportioned to the public schools Of
Newberry, we're 1t not for the provis-
ions of the act commonly called the
Brice act.
In the second petition the county
board OF control Of Newberry and Dis.
pensary Commissioner W. o. Tatum
are made respondents. The petitioner
being the same as in the petition
above referred to. The petitioner sets
out the ~dispensary law, and the Brice
act, and contends, on grounds now
familiar to the public, that the Brice
act Is unconstitutional. Wherefore the
petitioner prays: THAT the said act
be declared unconstitutional, null and
void, that the said county board Of
control be enjoined from keeping said
dlspensaries in Newberry county clos.
ed, and be compelled by the order Of
the court to open the same III pursu.
auce Of the valid law of the state, that
the said dispensarY commissioner be
enjoined from refusing to furnish said
liquors to the county dispensers, and
be decreed by the order to furnish the
same, pursuant to the valid laws Of
the state" etc.
IN response to this petition, Chief
Justice Pope signed an order, which
reads In part as follows: THAT the
respondents, as the county board OF
control of Newberry county and dis
pensary commi: sloners do show cause
before the supreme court Of this state,
in it's court room, in the city Of COL
umbia on the 4th day of December,
1905, at 10 O'Clock a. m. why the
prayer of the petitioner herein should
not be granted"
To Retire Cotton.
A dispatch from New Orleans says
following the arrival of President
Harvie Jordan, the Southern Cotton
Association to day corrected plans for
taking of. the market 5000, 900 bales
of cotton by means Of a series Of
pledges, which the farmers will sign
stating their name and
address and the amount of cotton they
will thus hold. The cotton held will
not be sold for less than fifteen cents
q pound according to the pledges. A
representative OF the Association is to