The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1905-09-13
HELD TO BE VALID.
Judge Townsend sustains the Valid
ty ct the Brice Law.

ty CT the Brics Law.
An Appeal Eas Been Taken to TIE
State Supreme Court by the
Dispensary People.
The pronibisionists hs7e Won their
fight In Union County. On Tuesday
of last week Judge Townsend snnoulc
ed his decision BE says:
After carefu. consideration and
full argument, have reached the cjn-
clusion and so aojudge the act OF 1904,
by authority Of which the said elec-
tion was held, as constitutional and
has none of the vices charged against
it herein, and that the petition npon
which the election was oId5red con.
tanned the required number OF quail
fed electors and that the said election
held hereunder, which said election
was authoriz by the said act Of 1904,
was fairly and legally conducted by
the machinery provided by law, and
that it resulted in a decided majority
for no oispensarV'.',
In closing be said; The restraining
order herein by me granted August22,
1905, has expired at this hearing, and
is hereby declared no longer operative.
Therefore, let the dispensaries in the
said county be closed.
The papers will at once be served
upon the parties named as defendants.
Boyd Evans is reported as saying after
the hearing last Monday that If the
decision was adverse to his interests he
certainly would carry the case to the
supreme court.
TIE ORDER IN FULL.
Judge Townseud'S order in full is as
follows:
This action was originally COM
menced by c Barnett VS.. G. G. May,
J. G. Howell and J. r. AskeW, as
county dispensers, and also against
the county board Of control IS named
in complaint Of cases above written
tor the purpose OF restraining the said
defendants from closing the Ul1on
/ county dispensaries and for the fur,
tner purpose Of declaring the election
held on the 18th Ct August, 1905, for
'disrensary' or 70 dispensary' uncon'
stitutional, illegal and void.
"On the 22ad OF August, 1865, 1
issued rule against said dsfcn1ants,
recurring them to show cause before
ue on the 4th day Of September, 1865,
why they should not be perpetually
enjoined from closing said oispensaries
as result OF the said election held en-
:ne 18th day Of August, 1905, In tie
meantime restraining said defendants
from so doing. Defendants T. J. Bet
enbaugh, E. c. Houze and joseph
Sanders presented petition to me
asking that an order be granted to
make them parties defendants to saio
action with leave 10 make return to
said rule and to defend said action.
Permission was granted by order DAT
ed 32sh Gay OF August, 1900, at the
hearing which was heard on the 4th
OF September, 1905. TIE original de-
PENDANTS as above set cu5 made returns
and joined in the prayer OF the com
piaint. The defendants, T. J. Beten'
bargh, E. G. Howe and Joseph San
oers made returns denying some Of
the allegations of the complaint ano
asked that the complaint &c dismissed
and that the law relating to the clcs
ing OF dispenaries be enforced in &C
cordance with the result OF the eiec
tion held the 18th day OF August
1905.
After careful consideration ano
full argument, I have reached the
conclusion and so adjudge the act o1
1904, by authority Of which the said
elecuion was held, as constitutional
and has none Of the vices charged
against it herein and that the petition
upon which the election was ordered
con tanned the required number OF quail
lied electors and that the said elsct1or
held hereunder, which said election
| TSS W olS os~AN wv Va Nv =
was legally and fairly conducted o1
the machinery provided by law, and
that it resulted in q decided majority
for no dispensary' which result has
been duly declared.
1T Is therefore the duty Of the said
defendants to at once close the dis.
pensaries Of Union county aforesaid,
as required by said act Of the legisla.
sure, and this application for an in
| Junction to restrain and prevent them
from complying with mandatory re-
quirements Of law must be and is de-
rived.
THE restraining order herein by
me granted August %, 1905, has ex.
pired at this hearing, and Is hereby
declared no longer operative. There
fore, let the dispsnsaries in said coun.
ty be closed.
d. A. TOWNSEND,
tECircI1it Iy16oa