The herald and news. [volume] (Newberry S.C.) 1903-1937, 1905-08-29
4 NEW TURN IN DIS.
PENSARY FIGHT IN UNION
PROHIBITIONISTS WILL BE
HEARD
A New Mote in the Union Dispen-
sary Case-Apparent Scheme to
Tl1wart Peoples Will Blocked.

The State.
Union, Aug. 26-Tl'e fight to put
out the dispensary in this county took
a new turn today.
It has been generally reported and
believed that the dispensers and coun-
" board of control would not answer
the rule to show cause, issued by
Judge Townsend and made returnable
Monday, September 4th, thus making
the Injunction permanent to keep
open the dispensaries-
In view of this the prollibitionists
enDloved as attorneys Ben F. Town
send and Hydrick and Sawyer, and
they today appeared before Judge
Townsend, who issued an order
making County Supervisor Beten-
bauch. E. C. Howe and Joseph
Sanders, parties defendant in the &C
ton referred to, with leave to file
and serve answer to the complaint
therein, and generally to lltlgate all
issues that may arise.
The papers on file are as follows:
"Ex-parte T. J. Beten0augh, Z. c.
Howe and Joseph Sanders, petition
ers, in re C. Barnett, plaintiff, VS.. K.
NJ. Fincher ct al, defendapts.
ITO Hon. D. A. Townsend. Judge
Seventh Circuit.
The petition of the above named
petitioners respectfully shows to the
court:
"1st. That they are qualified voters
and taxpayers of the county aforesaid.
end. That on the 18th day OF
August, 1905, an election was duly
and legally held in said county OF
Union, having been ordered by the
supervisor upon the petition OF one
fourth of the qualified voters thereof,
or the question OF 'dispensary or no
dispensary' in accordance with the
statute of this state, in such cases
made and provided, being act No.
276 of the statutes OF South Carolina
found on pages 4S5 to 487 Of the 24th
volume OF said statutes approved the
25th day of February, A. u. 1904.
That said election was duly and
legally ordered and duly and legally
held and a majority of the Qualified
electors OF said county voting at
said elec1ion voted in favor of no
dispensary.' That the result OF said
election was duly declared by the
county board of canvassers for said
county on August 22nd, 1905, to be
in favor of no dispensary,' and that
according to the said act, upon the
declaration of the result Of said elec-
tion as aforesaid, the dispensaries OF
said county should have been closed.
"3rd. That the above entitled &C
ton has been commenced by the
plaintiff above named for the pur-
pose OF obtaining an injunction per
petually enjoining the defendants
from closing the dispensarles in said
county and a temporary restraining
order and rule to show cause was
issued therein on the 22nd day al
September, 1905, and is made re-
turnable on the 4th day OF Septem-
Der, 1905.
"4th. That the defendants c. O.
May, J. C. Howell and J. R. Aske"
are dispensers in said county and re-
ceive compensation for running SAID
dispensar}es, and they are interested
in keeping said dispensaries open, and
the other defendants are members o1
the county board Of control for said
count>, and receive compensation 1o1
their services as such, and they are
also interested in keeping said dis
pensaries open; that your petitioner:
are informed and believe that the de-
PENDANTS being so interested, as aiore'
said. are willing and desirous tha
the plaintiff shall obtain the relle
which he prays for, and your peti