The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1905-11-24
in THE COURTS.
Chief Justice Pope rssues Two Orders
About Bsics Law.
Petitions Come up Froo Newberry
County and a Hearing viii BE
Ha6 NJ noy, ~.

petitions Come up Fr0n Newberry
County and a Hearing Will BE
Had ut Columbia Dec 4 IA.
TIE dIspansary fight against the
Brice law by Messrs. Bellinger and
Welsh and John G.. Capers is on again.
M; Or Robert H. Wslsh appeared be-
fore Chief Justice Y. j. Pope at Cham,
tors in Newberry Thursday and Sc
CURED two orders In connection with
this matter. In both matters the
petitioner is Adam Aull. q 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 tho sale Of liquors In this
state urder tho dispensary law, after
apportiontng the required amount to
the d~ehciencieB existing In the var
iOus counties of the state, there ia
still remaining In the state treasurer's
bands, subj ct to payment on the
warrant of the c mptroller general, a
large surplus subject 70 apportion-
ment by the : comptroller general
and he contends the common schools
of Nawberry are entitled to q portion
Of said surplus. Tnat the said comp
troller general threatens, and is about
to so apportion said surplus fund, as
to deprive the common schools of
YeWbsrry Of any part thereof, and re-
fuses to draw his warrant in favor Of
said schools for any amount whatso.
ever.
The petition then quotes article
XII, section IL, Of the constitution,
and certain acts Of the general assem-.
bly,, and states there Is no warrant of
law for refu sing to the common schools
OF Newberry county a portion Of said
sur plus, unless 1t be found In the 30.
called b ice act, which said act In,
as petitioner respectfully contends,
null and void, inasruucM as 1t contrary
eneS said article X l, section ~, OF
the cons tuition OF this state. Petit.
tioner prays that said Brice ecu be
declared unconstitutional, and that
tho comptroller general be restrained
from paying out to and drawing his
Imeial warrant for the sum Of 1888.
Sc, or any part thereof, in favor of
the common schools Of any county
other than Newberry ctunty, and that
he be directed to draw his official war
rant IN favor Of the common schools
OF NoWberry county for their proper
tional share Of said surplus In p-opor-
tiOn to the enrolment in said public
common schools.
The order signed by Caief Justice
Pope n response to this petition di.
reefs that Comptroller General A. w.
Jones, the respondent, show cause be-.
fore the supreme court, at Columbia,
on December 4th, why the prayer of
the petitioner should not be granted,
and that he be enjoined and restrain.
ed from paying out OF drawing his Of.
fetal warrant for $3.50 SO, which sum,
1t Is alleged In the petition, would be
apportioned to the public schools OF
Newberry, were 1t not for the provls.
ions Of the act commonly called the
Brioe act.
In the second petition the county
board OF control of Newberry and DIS.
pensary Commissioner w. o, Tatum
are made respondents. Tho petitioner
being the same as In the petition
above referred to. The petitioner sets
ouo oho ulopChodlS low, dW III bflC0
act, ard contends, on G.ounds now
familiar to the public, that the Brice
act Is unconstitutional. Wherefore the
petitioner prals: THAT the said act
be d, clhred unconstitu ional, null and
void, that the said conuty board OF
control be enjoined from keeping said
~dispensarles In Newberry county clos
cd, and be compelled by the order OF
the court to open the same in pursu.
ance 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
DC decreed by the order to furnish the
same, pursuant to the valid laws OF
the state" etc.
II response to this petition, Chief
Justice Pope signed an order, which
r lads In part as fo ! ,Ts: That the
respondents, as the county board OF
control OF Newberry county and dis
pensafy commi sluners do show cause
before the supreme court of this state,
In its court room, in the city OF Col
umhia on the 4th day of December,
1905 at 10 O'Clock a M. why the
prayer Of the petitioner herein should
not be granted"