The herald and news. [volume] (Newberry S.C.) 1903-1937, 1905-06-27

facts relating to the establishment Of
dispensary in Pickens and to the
closing of the same. The complaint
then continues:
"4th. That on or about the 10TH
day OF June. 1905. the respondents. as
aforesaid, unlawfully closed the said
dispensary and refuse to open and
operate the same. although demand to
do so has been made upon them by
your relator.
"5th. Dh., here is no other dispen-
sary in the said town and county of
Pickens, and on account OF the illegal
action Of the respondents. county
board of control and county dispen-
set. as aforesaid. in closing the said
dispensary and in refusing to open
and operate the same. your petitioner
and other citizens and residents of
the said town and county OF Pickens
are thereby deprived OF their right
and privilege to purchase, alcoholic
liquors at the said dispensary. as he
and they, desire to do.
9th. That before your relator in
stitured this proceeding demand
was made on the county board of con-
troll to require it to open and operate
said dispensary, but that the said
board refused to take any action in
the premises.
9TH. That your relator has no
other remedy.
"Wherefore, your relator prays that
a writ of mandamus be issued against
said respondents, as aforesaid, re-
qu:ring them to open and operate said
dispensary according to the statute
in such case made and provided"
Order of Chief Justice.
Following is the order signed by
Judge Pope, upon the showing made:
Upon hearing The petition Of the
relator herein, it is. ordered that the
respondents do show cause at my
chambers at Newberry; S. c., at II
o'clock in the forenoon of the 5th
day of July, 1905, or as soon there
after as counsel can be heard, why q
writ Of mandamus should not be is
sued requiring them, the said respon-
dents, to open and operate the said
dispensary as prayed for in the'peti-
ton herein"
The state board of control has
nothing whatever to do with this ac-
ton
In this connection the following
letter which State Chairman Evans
has received from the county auditor
of PicEens may be interesting:
Pickens. S. c., June I. 1905.
Hon. H. H. Evans. Columbia. S. c.
Dear Sir: | write you as member
OF county board OF this county in re-
gard election held in this county May
20. against the dispensary at this
place The supervisor OF this county
based this election on suppOslt1on OF
one-fourth OF qualified voters OF this
county. when his petitions had men
on them from Greenville county and
other men and out Of 81 s appeared
been in county for few days with
out registration certificates. One pc
tition of 81 names assigned was COM
pared by county auditor and some
other men and out Of 81 8appeared
not on registration books at all.
am satisfied the other petitions were
in proportion, or with less than one
fourth Of the qualified voters.
| I l:ope you, as chairman Of state
board. with the other members, will
give this due consideration in arriv.
ing at your conclusion. The super
visor has never compared any Of the
petitions with the registration books
at all. only based election on supposi
ton.
(Signed) E. F. Keith.
E. F. Keith.
County Auditor.
J. t. Cox. Chairman.
c. T. Hamilton.
& II p-ou.n