The herald and news. [volume] (Newberry S.C.) 1903-1937, 1905-09-08
JUDGE TOWNSEND HAS
SUSTAINED BRICE LAW
HOLDS ELECTION TO BE VAL
I'D.
An Appeal Has Been Taken and Dis
pensaries May Not Be Closed At
Once.

Judge Townsend, after hearing ar
guments on both sides in the dispan-
sary injunction matter in Union coun-
ty, announced his decision, sustain
ing the Brice bill, and holding the
Union election to be valid. An eN-
cerpt from his opinion reads:
after careful consideration and
full argument, I have reached the
conclusion and so adjudge the act Of
1904. by authority OF which the said
election was held, as constitutional
and has none of the vices charged
against it herein, and that the peti-
ton upon which the election was Or
dered contained the required number
of qualified electors and that the said
election held hereunder, which said
election was authorized by the said
act Of 1904, was legally and fairly
conducted by i:e mach'1z provided
by law. and that it resulted in decid-
ed majority for no dispensary.' "
In closing he said: The restrain
ing order herein by me granted All
gust ~, 1905, has expired at this hear
ing, and is herey declared no longer
operative. Therefore, let the dispen-
saries be closed"
The Union correspondent of the
Columbia St tie said the papers would
at once served upon the. parties
named as defendants. Boyd Evans
is reported as saying after the hearing
that if the decision was adverse to his
interests, he certainly would carry
the case to the supreme court.
The Order In Full.
Judge Townsend's order in full is
as follows:
This action was originally COM
menced by C. Barnett VS. G. c. May,
J. G. Howell and ]. R. Askew, as
county dispensers, and also against
the county board Of control as named
in complaint OF cases above written
for the purpose OF restraining the said
defendants from closing the Union
county dispensaries and for the further
purpose of declaring the election held
on the 18th of August, 1905, dis
pensary' or no dispensary' unconstl-
tutional, illegal AMI void.
"On the 22nd OF August, 1905, l is
sued a rule against said defendants,
requiring them to show cause before
me on the 4th day of September, 1905,
why they should not be pe-petually
enjoined from closing said dispen-
saries, as result of the said election
held on the 9Th day OF August. 1905
in the meantime restraining said de-
PENDANTS from so doing. Defendants
T. J. Betenbaugh, E. c. Howe and
Joseph Sanders presented petition
to me asking that an order be granted
to make them parties defendants to
said action with leave to make return
to said rule and to defend said action.
Permission was granted by order
dated 10th day of August, 1905, at
the hearing which was heard on the
1th OF September. 1905. The original
defendants as above set out made re-
turns and Joined in the prayer OF the
complaint. The defendants, T. J.
Betenbaugh, E. c. Howe and Jo-
SeDh Sanders made returns denying
ne OF the allegations of the COM
plant and asked that the complaint
be dismissed and that the law relat-
ing % the closing OF dispensaries be
enforced in accordance with the
result Of the election held the 18th
day OF August, 1905
AFTER careful consideration and
full argument, l have reached the
conclusion and so adiudge the act OF
1904, by authority OF which the said
election was held, as constitutional,
and has none Of the vices charged
against it herein, and that the petit
ton upon which the election was or