The herald and news. [volume] (Newberry S.C.) 1903-1937, 1905-11-21
THE BRICE LAW AGAIN.
The Matter Up Be,ore Justice Pope
To Be Heard in Supreme Court
On December 4.

WEIGH and John G. Capers continues.
Major Robert H. Welch appeared be-
sore Chief Justice Y. J. Pope at
chambers on Thursday afternoon and
secured two orders in connection with
this matter.
In both matters the petitioner is
Adam L. Aull, resident taxpayer Of
the County of Newberry. In the first
petition he sets out that out of the
net income derived by the State from
the sale of liquors in this state under
the dispensary law, after apportlon-
ing, the required amount to the def
ciencies existing in the various coun-
ties of the state, there is still re-
maining in the State Treasurer's
a1ands, subject to payment on the
warrant of the Comptroller General,
a large surplus subject to the ap-
portionment by the Comptroller Cen
eral, and of which, he contends, the
common schools of Newberry are en-
titled to a portion Of said surplus.
That the said Comptroller General
threatens and is about to so appor-
ton said surplus as 10 deprive the
common schools of Newberry of any
part thereof, and refuses to draw his
warrant in favor of said schools for
any amount whatsoever. The peti-
ton then quotes Article XII, Section
12, of the Constitution, and certain
Acts of the General Assembly, and
states, there is no warrant Of law for
refusing to the COMMON schools OF
Newbersy county a portion OF said
surplus, unless it be found in the So
called Brice act, (which said act is,
as petitioner respectfully contends,
null and void, inasmuch as it contra
venes said Article XI, Section IL, OF
the Constitution Of this state" Petl-
toner prays that said Brlce act 'oe de-
c1ared unconstitutional, and that the
Comptroller General be restrained
from paying out to, or drawing his
official warrant for the sum Of $3.50,
or any part thereof, in favor of the
common schools of any county other
than Newberry county, and that he be
directed to draw his official warrant
in favor of the common schools OF
Newberry county for their proportion
ate share of said surplus in proper
ton to the enrolment in said pub
lie common schools.
The order signed by Chief Justice
Pope in response to this petition dl-
rects that Comptroller General A. w.
Jones, the respondent, show cause be-
fore the supreme court, at Columbia,
on December q, why the prayer OF the
petitioner should not be granted, and
that he be enjoined and restrained
from paying out, or drawing his off,
cial warrant for $533.56, which sum 1t
is alleged in the petition would be ap-
portioned to the public schools of
Newberry, we're it not for the pro-
visions of the act commonly called
the Brice act.
In the second petition the county
board Of control of Newberry and
Dispensary Commissioner w. 0. Ia
tun are made respondents, the pc
titioner being the same as in the pc
tition above referred to. The petition
er sets out the dispensary law and the
Brice act, and contends, on grounds
now familiar to the public, that the
Brice act is unconstitutional, Where
fore the petitioner prays that the said
act be declared unconstitutional, null
and void; that the said county board
of control be enjoined from keeping
said dispensaries in Newberry county
closed and be compelled by the order
of the court to open the same in pur-
suance Of the valid law OF the state;
that the said dispensary commissioner
be enjoined from refusing to furnish
said liquors to the county dispensers
and be directed by the order Of this
court to furnish the same, pursuant
to the valid laws Of the state,'' etc. :,