The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1905-08-30
BRIGE Law TO Be TESTED.
JUDGE TOWNSEND ENJOINs THE
CLOSING OF GROG SHOPS.

CLOSING OF GKOG SHOPS.
Legality of Recent Election In Union
and Constitutionality of the Stat
ute Are Both Brought Into
Question.
Union, S. c., Aug. 22.-Judge
Townsend today issued the following
order:
'It is ordered that the defendants
do show cause before me at my
chambers at Union, S. c., at II
o'clock on the 9Th day Of September,
1905, why they should not be perpet-
ually enjoined from closing the ois-
! pensaries as a result Of the recent
election held on the 18th day Of
August, 1905. That the said defend
ants are hereby restrained and en-
Joined from closing and ceasing to
operate said dispensaries until the
further order Of this court.
"Let a copy CT this order be served
with the summons, complaint and af-
fdavits upon each of the defendants
herein.
cd. A. Townsend.
Circuit Judge.
cat Chambers, Union, S. c., 22nd
| August, 1906"
BY the issuing of the above quoted
order, a delay has been put on the
carving out of the wishes Of the vot-
ers of Union county, as expressed in
the election held Tuesday, August
18th, when they declared by their
ballots of "dispensary" 412 and "no
dispensary" 761 that they wished the
| dispensary to go.
The action was brought by W.
Boyd Evans and Lawson D. Melton.
attorneys at Columbia, and the com.
plant covers II pages Of closely type
written matter.
| No interference was made in the
declaring of the election by the elec~
| ton commissioners, as had been an.
ticipated; but about o'clock the at
torneys appeared before Judge
Townsend and secured his temporary
Injunction on a complaint made by
Carrie Barnett, a we'll known farmer
Of the county, living near Buffalo.
! The defendants are r. NJ. Fincher
Elzie Kelly and W. D. wilkins, county
board of control, and G. C. May, J. G.
Howell and J. r. Askew, county dis
pensers. Under this complaint Mr.
Barnett alleges that he is taxpayer
resident citizen, and qualified voter OF
Union county; that the defendants
named have under their custody, con-
troll, management and direction three
! dispensaries for the sale of intoXicat-
| ing liquors in this county. That by
virtue of an alleged act of the gen
eral assembly entitled can act to
amend section of an act entitled AN
act to prvcide for the election of the
State board of control, and to further
regulate the sale, use, consumption,
transportation and disposition Of in
toxicating and alcoholic liquors or
liquids in this State, and prescribe
further penalties for the violation OF
the dispensary law, and to police the
same,'" approved March 9Th, 1896,
and as amended by the general as
sembly of South Carolina at its regu>
lar session in January, 1904, and
approved February 25th, 1904. T. ].
Betenbaugh, county supervisor OF
Union county, ordered an election to
be held, submitting to the qualified
voters Of the said county Of Union
the question of "dispensary" or nc
1 OlSpcNodIg, OI lllC 1Clll Ody VI Al
gust, 1905. That the election was
held on the day prescribed. and the
county board Of commissioners have
today declared the result in favor OF
mo dispensary;;" that said county
board of control and dispensers have
| threatened and declared their inten-
ton to close the said dispensaries and
cease to operate the same, claiming il
is their duty to do SO as the result OF
| the said election.
| The Grounds
This the plaintiff alleges would be
unlawful, unconstitutional and void,
pom the following grounds:
(a) That this section Z, as above
cited, is IN direct violation of the con-
stitutional inhibition contained in
article 8, section "a, clause II Of the