The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1905-09-20
TO TEST THE LEGALITY OF PUB
LIC COTTON WEIGHERs.
An Effort to Have the Office Declared
constitutional-H. D. Noise,
Esq, and Messrs. Shand &
Shand to Represent the
Plaintiffs.

merchants and farmers of this Sec
section, and time and again the state
ment has been made that only a fair
fest was needed to have the Office de-
c,ared To be without warrant Of law.
The test is at hand. Today copies OF
complaint, in which Messrs. WOOD
ley, C. L. Williamson and w. Dukes
Carson are the plaintiffs, were served
upon each Of the three public weigh
ers Of this city, denying their right to
hold the Office under the constitution
of the State Of South Carolina, and
with this was served rule to snow
cause, issued by Judge Purdy, and
made returnable before him at Cham
bers on the 22nd Of this month, which
required the defendants to be present
ON the date above named and give
reason why they should continue to
exercise the functions Of the Office OF
public cotton weighers during the
pendency and final determination OF
the action.
Below is given the complaint in full
and the order Of His Honor, Judge r.
o. Purdy:
South Carolina, Sumter County
Court OF Common Pleas.
IS Complaint.
j. M. Woodley, w. Dukes Carson and
Charles L.. Williamson, plaintiffs
VS.. E. Whilden Nettles, ]. Frierson
Ried. Theodore A. Scarborough, Etc
Claiming to be Cotton Weighers in
the City of Sumter, S. c.. Defend
ants.
Ehe@paaintiff ahpve namsd IN nSbe-
half Of themselves and all other cot
ton planters who are residents and
freeholders Of Sumter County, S. c.,
who make the city Of Sumter, S. c.,
their cotton market and who may de-
e-te-corre in and share the ex-
penses Of this action, complaining of
the defendants above named, allege-
First. That the plaintiffs are. citi-
zens and residents and free holders
of the county of Sumter, in said State,
and are planters Of cotton in large
quantities and are under contract to
sell large quantities Of cotton in the
city of Sumter, South Carolina, which
said city is their market town.
Second. That the defendants are
at present claiming to occupy the Of
fee and to discharge the duties of
public weighers in the said city pur-
suant to the provisions of Sections
t1552 to 1858 (both inclusive) Of the
Civil Code Of South Carolina, Of 1907
Vol. 1 and acts amendatory thereof,
and as such, claim, charge and collect
from all corners, including the plain
tsffs, the sum of ten cents for each
bale of cotton weighed by them.
| Third. That by Statute it has been
made misdemeanor for any other
person than the defendants to weigh
cotton in the city of Sumter.
Fourth. That the Statutes afore-
said under which the defendants
claim to act are unconstitutional, IL.
| that they violate the provisions of
Section "a, Article III, Of the Consti-
tuition of South Carolina, Sub-divis-
ions x, XI and XII thereof, in by
original legislation enacted since 31st
of December, 1905, thereby attempted
to pass local or special laws not ap-
plicable to the entire State fixing the
amount and manner of compensation
to be paid to county officer. differing
in amounts for the several counties
affected and not graded in proportion
to population and necessary servics
frequired. and therefore in violation OF
| Subdivision aforesaid. They are not
uniform as to the mode and manner
of election of cotton weighers, and
are local or special laws enacted
where a general law could have been
applicable, and therefore in violation
of Subdivision NJ aforesaid and they
do not constitute a special provision
in general law and are therefore
violative of Subdivision XII afore-
said
Fifth. That the plaintigs are thus
subjected to allow their cotton to be
weighed by the said defendants as
cotton weighers, and none other, and
are obliged to pay to the said defend
ants the sum of ten cents for the
weighing of each bale, and to accept
such weighing as correct when such
| burden is not laid upon the cotton
producers in twenty counties Of the
State besides other places and other
classes.