The herald and news. [volume] (Newberry S.C.) 1903-1937, 1905-10-24
TESTING BRICE LAW
nj FEDERAL COURT
DISPENSARY ADVOCATES AT
TACK BRICE LAW.
Judge Pritchard Grants Order Re-
quiring Board of Control of
Union County to Show Cause
Why Dispensary Should
not be Reopened.

today issued an order directing R. NJ.
Fincher, W. D. Wilkins and Elzie
Kelley, the Union county board of
control, to appear before him October
81 to show cause why mandamus
should not be granted to J. G. Howell,
requiring the board of control to open
the dispensary in Union and to REIN
state Howell in the office of dispenser,
and give him possession thereof.
This action, which constitutes test
of the Brice bill, is brought by J. 6.
Howell, the relator, through Bellinger
& Welch and John G. Capers. The
application to Judge Pritchard was
made by those attorneys.
Columbia, October 1o.-R. H.
Welch and John G. Capers, represen-
ting J. G. Howell, dispenser at Union,
appeared before Judge Pritchard at
Asheville today and obtained an order
for hearing in the case brought
against the Union county board Of
control, charging them with violating
the constitution of South Carolina and
the United States for the enforcement
of the Brice law.
The petition sets forth in part as
follows:
J. G. Howell, relator, VS. R. M. Fin
cher, W. D. Wilkins and Ellie Kelley,
as the county board of control for
Union county, respondents.
The relator, J. G. Howell, would re-
spectfully show to the court:
Section I. That; he is a resident
and taxpayer of, and the owner of
both personal and real property in
Union county, South Carolina, subject
to taxation therein, and the head of
family, having children of school age,
who are duly attending the public
schools of said county.
Section 2. Tha! the general assem-
bly, Of said state passed an act entitled
"An Act to prohibit the manufacture
Of Intoxicating liquors as a beverage
within this State, except as herein pro-
vided," and approved December II,
1892, and by its terms taking effect
July I, 1893.
The >Dispensary Act.
Section 3. That thereafter the gen
eral assembly of the said state passed
an act, approved March 6, 1896, en-
titled can Act to provide for the elec-
ton Of the Stare board of control, and
to further regulate the sale, use, con-
sumption, transportation and DISPOSE
ton of Intoxicating and alcoholic IL
eours or liquids in Safe and prescribe
further penalties for the violation Of
rive dispensary laws, and to enforce
the same" which was general
amendment by way Of substitution to
the above mentioned act of 1892,
which act, as amended from time to
time, was incorporated into the Crimi-
nal Code of 1902 OF said state, print
ed copy Of the sections of which con-
tanning the same is hereto annexed as
Exhibit A, Section 7, Of the Act OF
1896, being Section 563. Of said Crimi-
nal Code, and is as follows: (Here
The dispensary law is quoted and the
Brice law
Section 5. That the state Of South
Carolina is divided into forty-one
counties, among which are Union,
Marlboro, and Greenwood: Union and
Marlboro having been established and
organized as counties prior to July T.,
1903. the date upon which the dispen-
sary law hereafter referred to, went
into effect, and Greenwood having
been formed and established as a
county in 1897.
Section E. That prior to July I,
90. se.La -,1o rs ,1oobo1;c 1;r,o-e woo