The herald and news. [volume] (Newberry S.C.) 1903-1937, 1905-10-24


ton of the surplus funds that may rc-
main OF the dispensary school funds,
after the deficiencies of the various
county school funds have been made
up, as provided by law. but leaving
the said surplus funds to be dslrib-
uted among the counties retaining the
dispensary, and Marlboro and Green
wood counties, in which no dispen-
sary has ever been established, which
is in conflict with Article XI, Section
-, Of the constitution Of South Caro-
lima, which provides, inter ALA, that
such surplus funds shall be devoted to
public schools and apportioned as the
general assembly may determine,'
there being in the hands Of the state
large amount OF such surplus funds
and which was there before the voting
Out Of said dispensaries in said cOun-
ty, in which said surplus funds the cif-
izens and taxpayers OF said county
had vested interest and property
right before the amendment was made
under the guise of law to deny to
them the proper proportion of said
fund, and to still give il to Marlboro
and Greenwood counties, and the 9TH
er counties not voting out the dis
pensary, said Marlboro and Green
wood counties being in the same cir
cumstances and under like conditions
as to the dispensary law and the en-
forcement as the said county of Union
and the other counties voting out the
dispensary law.
Subsequent Elections.
Section 13. That in the counties OF
Cherokee Pickens, Newberry, York
and Lancaster, Darlington and Mar
ion, elections have already been held
under said Act of 1904, commonly
called the Brice bill. wherein was sub
mirted to the qualified voters thereof
the question of dispensary or no dis
pensary, and at said elections in said
counties the majority of the ballots
cast in each were found and declared
to be against the dispensary. Where
upon the dispensaries already estab-
lished and existing in said counties
were closed in accordance with the
provisions of said act
Section IA. That by reason OF the
closing of said dispensary located in
town of Union, Union county, to the
office of dispenser of which the relator
had been, as alleged hereinbefore,
duly elected and commissioned for
term of one year, which term had not
expired when said dispensary was so
closed, and has not now expired, and
being dispossessed Of his said office,
and the emoluments thereof, ever
since said closing of said dispensary,
the relator has been and is now being
deprived of the emoluments of said
office and his property rights therein
without due process Of law, contrary
to Article Il, Section I, of the amend
ment to the constitution Of the United
States of America, whicl> provides
that no state shall deprive any per-
son OF life. liberty or property with
out due process of law"
Wherefore, the relator prays that
this Honorable Court will issue It's
writ of mandamus to the said respond
ents. R. NJ. Fincher, w. D. Howell
and Ellie Kelley, commanding them
to open the said dispensary located
in the town of Union, South Carolina.
and to reinstate the said relator in
his office and give him possession OF
ttes anne, and for such other and fur
ther relief as may be proper.
Signed, Bcllinger & Welch. John 6.
Capers. attorneys for relator.
No statement is made as to those
back Of this movement. A. Fl. S.
Mrs. Agnes w: Quarles, widow of