The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1905-11-22
BR1cE Law IN THE COURTS.
Two Orders Obtained From Chief
Justice Pope.

-,
The dispensary fight against the Brlce
law by Messrss BeEinger and Welch
and John G. Capers continues. Major
Robert II. Welch appeared before
Chief Justice Y. J. Pope at Chambers
today and secured two, orders in con-
nection with this matter. In both
matters the petitioner is. Adam Ault,
a 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 dlspen-
sary law, after apportioning the re-
ouired amount TO the deficiencies ex-
;sting in the various counties Of the
S;ate. there is still remaining in the
state Treasurer's hands, subject to
payment on the warrant Of the Comp
troller. General, a large surplus sub
iect to apportionmeit by the comp
troifer General, and he contends the
I
common schools Of Newberry are en-
titled to a portion Of said surplus.
That the said Comptroller Genera.
threatens and is about to SO appoction
said surplus fund, as to deprive the
common schools Of Newberry OF any
part thereof, and refuses to draw his
warrant in favor of schools for any
amount whatsoever.
The petition then quotes Article x
/, Section u, Of the Constitution AMI
certain acts of the General Assembly
and states there is no warrant Of law
for refusing to the common schools Of
Newberry county, portion of said
surplus. unless it be found in the So
iaIed Brice Act, which said Act is,
as petitioner respectfully contends,
null and void, inasmuch as it contra
venes said Article XII, Section II, OF
the Constitution Of this State.
Petitioner prays that said Brice act
be declared unconstitutional. and that
the Comptroller General be restrain
ed from paying out to and drawing
his ofhcia, warrant for the sum of
$3.50 .5sf or any part thereof, in fa--::
vor 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 COM
mon schools Of Newberry county for
their proportion to the enrolment of
in said public common schools.
The order signed by Chief Justice
Pope in response to this petition di-
rects that Comptroller General A. w
Jones. the respondent, show cause be-
fore the Supreme Court, at Columbia,
on December 4, why the prayer Of the
petitioner should not be granted, and
that he be enjoined and restrained
from paying out Or drawing his ooffic-
;al warrant for s533.56, which sum, it
is alleged in the petition, would be
apportioned to the public schools OF
Newberry, were 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 Dis
pensary Commissioner W. 0. Tatum
are made respondents. The petition
er being the same as in the petition
above referred to. The petitioner sets
out the dispensary law, and the Brice
Act. and contends, on grounds now
familiar to the public, that the Brice
Act is unconstitutional. Wherefore
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,
tnGC the SalO C!SpeIiSdIy COIullllSS.o.l-
er be enjoined from refusing to FUR
nish said liquors to the county dis
pensers. and be decreed by the order
to furnish the same pursuant to the
valid laws Of the State" etc.
In response to this petition. Chief
Justice Pope signed an order. which
reads in part as follows: THAT the
respondents. as the county board Of
control of Newherry county and dis
pensary commissioners do show
cause before the Supreme Court Of
this State. in it's court room, in the
city of Columbia on the 4th day of
December. 1905. at 10 O'Clock a. M,
why the prayer of the petitioner here
IN should not be granted"
Major Robert H. Welch returned to
Columbia tonight.-News and Courier.