Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1905-09-08
sRIcs LAW SUSTAINED.
Judge Townsend UphoIds Union Prohi-
bitionists.

bitionists.
Judge Townsend published his order
in the Union dispensary Injunction
proceedings last Tuesday. He declar-
ed in favor of the contention Of the
Prchibitionists. upholding them at
every point. and vacated the temporary
injunction. The attorneys for the dis
pensary people gave notice of en- APP
peal to the supreme court. and the is
sue will not be finally settled until
sometime in November. Following is
the full text Of Judge Townsend's or
der:
"This action was originally COM
menced by C. Barnett VS.. @. c. May,
]. G. Howell and ]. R. Askew. as coun-
ty dispensers. and also against the
county board Of control as named In
complaint Of cases above written for
the purpose of restraining the said
defendants from closing the Union
county dispensaries and for the further
purpose of declaring the election held
on the 18th Of August 1905, for dis
pensary' or no dispensary' unconstitu-
tional, Illegal and void.
ION the 22nd of August. 1905. Is.
sued q rule against said defendants,
requiring them to show cause before
me on the 4th day Of September. 1905,
why they should not be perpetually en-
Joined from closing said dispensaries,
as a result Of the said election held
on the 18th day Of August, 1905, In the
meantime restraining said defendants
from so doing. Defendants T. B. Re-
tenbaugh, E. C. Howe and Joseph
Sanders presented petition to me
asking that an order be granted to
make them parties defendants to said
action with leave to make return to
said rule and to defend said action.
Permission was granted by order dated
26th day Of August. 1905, at the hear
ing which was heard on the 4th OF
September. 1905. The original defend
ants as above set out made returns and
Joined IN the prayer Of the. complaint.
The defendants, T. ]. Betenbaugh, e.
c. Howe and Joseph Sanders made re-
turns denying some Of the allegations
of the complaint and asked that
the complaint be dismissed and that
the law relating to the closing of dis
pensaries be enforced in accordance
with the result Of the election held the
18th day Of August, 1905.
nd
argument. have reached the conclu-
sion and so adjudge the act Of 1904,
by authority Of which the said elec-
ton 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-
tained the required number Of quail
fed electors, and that the said election
held hereunder, which said election
was authorized by the said act OF 1904,
was legally and fairly conducted by
the machinery provided by law, and
that 1t resulted in decided majority
for no dispensary,' which result has
been duly declared
1T Is therefore the duty or the SAID
defendants to at once close the dis
pensaries Of Union county aforesaid,
as required by said act Of the. legis-
lature, 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 expired at
this hearing, and is hereby declared no
longer operative. Therefore, let the
dispensaries in said county be closed. .
ID. A TOWNSEND,
Circuit Judge.
September s, 1905" ,