The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1905-11-22
IN THE COURTS.
Chief Justice Pope Issues Two Orders
About Rrice Law.

Chief Justice Pope Issues Two Orders
About Rrice Law.
Petitions Come up From Newberry
County and Hearing will Be
Had at Columbia Dec 4sh.
The dispensary fight against the
Brice law by Messrs. Bellinger and
Welsh and John G. Capersis on again.
Major Robert b. Walsh appeared be-
fore Chief Justice Y. J. Pope at Cham
bers in Newberry Thursday and Sc.
cured two orders il connection with
this matter. In both matters the
petitioner is Adam Auil. 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 dispensary law, after
apportioning the required amount to
the Deficiencies existing in the var
ious counties Of the state, there Is
still remaining in the state treasurer S
hands, subject to payment on the
warrant Of the c. c>mptrcller general, a
large surplus subject to apportion-
ment by the comptroller general
and be contends the common schools
Of Newberry are entitled to a portion
OF said surplus. That the said comp
t1oller general threatens, and is about
to so apportion said surplus fund, as
to depriva the common schools OF
NeNbsrry Of any part thereof, and re-
fuses to draw bis warrant in favor OF
said schools for any amount whabso.
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 refu3ing to the common schools
OF NeWberry county a portion CT ssid
sur plus, unless it be found in the 30.
called B.ice act, which said act Is,
as petitioner respectfully contends,
null and Void, inasuucA as it contrav.
enes said article X I, section II, OF
oae cons, tuition OF this state. Peti.
; tloner prays that said Brice ac5 be
declared unconstitutional, and that
the comptroller general be restrained
from paying OUT to and drawing his
ficial warrant for the sum OF 1888 :
Sc, OF any part thereof, in favor OF
the common schools Of any county
other than Newbsrry county, and that
be be directed to draw his official war.
rant in favor OF the common schools
Of Newberry 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 Chief Justice
Pope in response to this petition d.
recrs that Comptroller General A. w.
J ones, 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 be be enjoined and restrain
ed from paying out or drawing bis OF
fetal warrant for 1888 56. which sum,
it is alleged in the petition, would be
apportioned to the public schools OF
Newberry, were it not for the proVis-
ions OF the act commonly called the
Brice act.
In the second petition the county
board OF control Of NeWberry and D S.
pe1lssry Commissioner W. 0. Tatum
are made respondents. The petitioner
being the same as in the peti ion
ab-ye referred to. The petitioner sets
out the dispensary law, and the Briee
act, a.. contends, on grounds now
familiar to the public, that the Brice
act is constitutional. Wherefore the
petitioner prays: That the said act
be d clared unconstitu. ional, null and
void, that the said conuty board OF
control be enjoined from keeping SAID
dtspensa1ies in Newberry county clos.
ed, 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 sad dispensarY commissioner be
enj1ined from refusing to furnish said
liquors to the county dispensers, and
be decreed by the order to furnish the
sa1e, pursuant to the valid laws OF
the state" etc.
II respo2se to this petition, Chief
Justice P p. signed an order, which
reads in part as follows: That tie
respondents, as the county board OF
control OF New berry county and dis
pensary commissioners do show cause
before the supreme court Of this state,
In its court room. in the city OF Col
umbia on the 4th day OF December,
1905, at 10 O'Clock a. %. why the
prayer OF the petitioner herein should
not be granted"