The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1905-09-15
HELD TO Be VALID.
Judge Townsend Sustains tho Valid.
ty OF the Brice Law.
An Appeal Has Been Takon to the
state supreme Court by the
~Dispensary People.

The prohibitionists have won their
light In Union County. On Tuesday
OF last week Judge TO wnsend announc
ed his decision. He says:
After careful consideration and
full argument, l have reached the con.
olusion and so adjudge the act of 1904,
by authority Of which the said cleo.
t1on was held, as constitutional and
has none Of the vices charged against
1t herein, and that the petition npon
which the election was ordered con.
tanned the required number Of quail
lied electors and that the said election
held hereunder, which said election
was authoriz d by the said act of 1904,
WAY fairly and legally conducted by
the machinery provided by law, and
that 1t resulted in q decided majority
for no dispensarY'.',
In closing he said; "The restraining
order herein by me granted August 30,
1906, has expired st this hearing, and
is hereby declared no longer operative.
Therefore,, let the dispensarles in the
said county be closed"
The papers will at once be served
upon the parties named as defendants.
Boyd Evans Is reported as saying after
the hearing last Monday that IL the
decision was adverse to his interests he
certainly would carry the case to the
supreme court.
TIE ORDER IN FULL.
Judge Townsend's order in full Is as
follows:
This action was originally com.
menced by c. Barnett vs.. G. Q. May,
j. G. Howell and j. II. Askew, as
county dispensers, and also against
the county board Of control as named
In complaint Of cases above written
tor the purpose Of restraining the said
defendants from closing the Union
county dispensaries and for the fur,
Their purpose Of declaring the election
held on the 18th Of August, 1905, FOR
'dispensary' or TO dispensary' uncon.
s%titutional, illegal and void.
On the 22nd Of August, 1905, /
Issued q rule against said defendants,
requiring them to show cause before
me on the 4th day Of September, 1906,
why they should not be perpetually
enjoined from closing said dispensaries
as a result Of the said election held On
1ne 18Th day OF August, 1905, In the
meantime restraining said defendants
from 80 doing. Defendants 7. j. Bet.
enbaugh, &c. @. Houze and Joseph
Sanders presented a petition to me
asking that ar order be granted tC
make them parties defendants to sale
action with leave 60 make return tt
said rule and to defend said action
Permission was granted by order dat
ed 32th day Of August, 1900, at the
hearing which was heard on the 4tl
Of September, 1905, Tie original de
PENDANTS as above set Cutmade return,
and joined in the prayer OF the com
plant. The defendants, Il. j. Beten
baugh, E. O. Howe and Joseph San
GERS made returns denying some 0
the allegations Of the com plant ant
asked that the complaint be dismissed
and that the law relating to the clos
ing of dispenaries be enforced In &C
cordance with the result of the cleo
tion held the 18th day Of August
1905.
After careful consideration ant
full argument, l have reached til,
conclusion and so adjudge the act o
1904, by authority Of which the sait
election was held, as constitutional
and has none Of the vices charged
against 1t herein and that the petition
upon which the election was ordered
contained the required number OF quail
flied electors and that the said election
held hereunder, which said election
was authorized by the said act of 1904
was legally and fairly conducted b,
the machinery provided by law, an(
that 1t resulted in q decided majority
for no d~ispcnsary' which result ha.
been duly declared.
1T Is therefore the duty Of the said
defendants to at once close the dis
psnsaries Of Union county aforesaid,
as required by said act Of the legisla.
ture, and this application for an in.
Junction to restrain and prevent then
from complying with mandatory re,
Quirements Of law must be and Is de.
rived.
The restraining order herein by
me granted August %, 1905, has ex.
PRED at this hearing, and Is hereby
declared no longer operative. There.
fore, let the d%ispensaries in said coun-
ID. A. TOWNSEND,
Circuit Judge.
September S, 1906"
Dashed to Death.