The Union times. [volume] (Union, S.C.) 1894-1918, 1905-11-24
BRICE LAW IN COURTS.
Two Orders Obtained
From Chief Justice
Pope.

and Welch ard John G Capers con-
tinues. Major Robert H. WeIch ap-
peared before Chief Justice Y. j. !
Pope at Chambers to-day and secured
two orders in connection with this
matter. In both matters the petit
tioner is Adam Au!I, resident tax
payer OF the county Of Newberry In
the first petition lie sets out that out
OF the net income derived by the
State from the sale OF liquors in Ills
State under the aispensary law, after
apportioning the required amount TO
the DEFICIENCIES existing in the various
counties OF the State, there i still
remaining in the State Treasur.r's
hands, Subject to payment on the
warrant Of the Comptroller General,
large surplus subj ct to arporiion-
ment by the Comptroller General,
aud he conteuds the common schools
of Ncwberry are entitled To portion
OF said surplus. That the said Comp
| troller General threatens, end is
about TO so apporticn said surplus
fund, as to deprive the common
schools Of Newberry OF any part
thereof, aud refuses to draw his war
rant in favor Of said schools for any
amount whatsoever.
The petition then quotes Article
1
and certain Acts OF the General AS
s,mbly, ard states there is no war
rant OF law for refusing to the com
mon schools of Newberry County II
portion Of said surplus, ur'ess il be
| found in the so-called B-ce Act,
(Which said Act is, as pelitlcn~. re-
specifically contends, null and void,
inasmuch rs it contravenes suid Ar
ticle !, Section ~. Of the Cousu. u
ton OF this State
Petitioner prays that said>B:ice
Act be declared uncons stitp{ion,I md
that the ComptrollspGen4ral be re.
strained from pa, ing out to and
drawing his-Tfficial warruut for tn,
sum Of 1858 SO, or any part thereof,
'n>favor Of the common schools Of
}any county other than New berry
County, and that he be directed to
draw his official warrant in favor of
the common schools of Newberry
County for their proportional share
Of said surplus in proportion TO the
enrolment Of in said public common
schools.
The order signed by Chief Justice
Pope in response to this petion directs
that Comptroller General A. w. Jones,
the respondent, show cause before
the Supreme Court, at Columbia, on
December 4, why the prayer of the
petitioner should not be granted, end
that he be enjoined and restraiued
from paying out or drawing his official
warrant for $533.56, which sum, it is
alleged in the petition, would be ap-
portioned to the public schools OF
Newberry, were it 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
| Dispensary Commissioners w. O Ta-
tum are made respondents. The Pc
titioner being the same as in the
petition above referred to. The peti-
tioner sets out the dispensary law,
| aud 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 uu-
constitutional, null and void, that the
said county board of control be enjoin-
ed from keeping said dispensaries in
Newberry County closed, and be com
PEELED by order Of the Court to open
the same in pursuance OF the valid
law Of the State, that the said dispeu-
sary com mission be enjoined from re-
fusing to furnish said liquors to the
county dispensers, and be decreed by
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 com missioners do show cause
before the Supreme Court of this
State, in its Court room, in the city