The Union times. [volume] (Union, S.C.) 1894-1918, 1905-10-27
DISpENsARY FORCES RENEW THE FIGHT
bRIoEsLA CONTESTED BY DISPENSER HOWELL
or UNION.
Federal Judge prifchard Orders Union Board of
Control to Show Cause Why Dispensary
Here Should MOI be Reopened.

The battle has begun again;
1t died away ohce,s butHn the in
terval Of peace The dispensary
forces have planned an attack,
that startled the people of the
county with it's suddenness last
Friday. Seeking temporary rem
edy in the courts of the State the
't-Hansary was defeated; but it's
undaunted adherents have renew
ed the fight in a higher court.
Judge Jeter C.. Pritchard, of
the United States Circuit Court
at Asheville, issued on Friday an
order directing the Union County
Board of Control to appear be-
fore him on October 31st to show
cause why mandamus should not
be issued, requiring the Board of
CQ"- reopen the dispensary
in Union and to reinstate ]. G..
Howell in the office of dispenser.
Mr.. Howell, the petitioner, was
represented by United States
District Attorney John G.. Capers,
and Mr.. R. S. Welch, of the firm
of Bellenger g. Welch, of Colum-
bia.
The question involves not only
the reinstatement of Mr.. Howell
and the reopening of the dispen-
sarp, but also the validity of
the Brice Bill passed at the last
session of the legislature of this
State.
The ultimate decision of Judge
Pritchard will hardly close the
matter. 1t is understood that at
the next session of our legisla-
ture in January a hard and final
fight will.be mada- -hU the orsae.
-nents and advocates OF the osrb.
reglsrarIon VIII then be enacted
which will do much toward set
Ting the legality of the Brice
Bill and the status of the dispen-
sary. The final decision will
most probably be by the whole
people at the ballot box next
summer.
If this decision of Judge
Pritchard is rendered at this
time in favor of Dispenser How
ell, the effect might possibly be
his reinstatement and the prob
able restitution of the dispensary
to all those counties in which it has
been voted out. The result will
be awaited with interest not only
by the people of Union County
but also by the people of the en-
tire State.
The two attorneys employees
by Dispenser Howell are botl
we'll known in South Carolina
Mr.. R. S. Welch is a Newberr
man originally, and was former
ly of the firm of Abney, Welc
& Thompson, but is now associs
ted with former atttorney-genel
al G. Duncan Bellinger, who
= also employed as counsel in tf
case. The other attorney
United States District Attorne
o John G.. Capers, who rarely a.
y pears as counsel in cases of tn
i kind.
- The gist of the case and tt
gist of the arguments advance
in the hearing before Jud,
Pritchard are given in the IL
/. lowing interview which we r
print from the Greenville New
If "This action" said Mr.. Cape
ID to a reporter for The Greenvi
le News, "is of vital import, /
r. cause it's purpose is to test t
E. Brice law. Its favorable 'o'
IN come would render null and W
tn the elections already held
ce Union, Cherokee, Pickens, Ne
nd berry, York, Lancaster, Darlil
of ton and Marion counties, and
n, advocates of prohibition wo,
,t. have to seek some other meti
,r, of getting rid of the dispensari
F. 1--WE allege that Mr.. How
ps was deprived of his office Wi
)m out due process of law, and t
,h- furthermore the provision in
he Brice act for a levy to enfo
ve- prohibition in counties voting
the dispensary is unconstituti
tly al. We say that the closing
ng the dispensary in Union, foil
lille ing an election held under
ley Brice act is unconstitutional
his that it deprives the taxpayer
MIR. Union county of their prop
the without due process of law,
cause the act is not a valid