The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1905-11-24
in THE COURTS.
Chief Justice Pope Issues Two Orders
About Brlce Law.

cosa:y aud = Heasing W.sl re
Had at Columbia Dco 4 u.
Tie dIspensary fight against the
Brice law by Messrs. Bellinger and
Welsh and John G. Capers is on again.
NJ jor Robert III. Walsh appeared be.
fore Chief Justice Y. j. Pope at Cham.
bers in Newberry Thursday and SO
CURED two orders In connection with
this matter. In both matters the
petitioner ia Adam Aull, o 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 urder the d%ispensary law, after
apporttoning the required amount to
the deficiencies existing in the var.
tous counties of the state. there Is
still remaining In the state %treasurer's
bands, subj ct to payment on the
warrant Of the c mptroller general, a
large surplus subject to apportjon-
ment By the comptroller general
and he contends the common schools
of Newberry are entitled to a portion
Of said surplus. Tnat the said comp
troller general threatens, and Is about
to 80 apportion said surplus fund, as
to deprive the common schools Of
NeHbsrry 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 Ia no warrant Of
law for refu'i ling 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 IL,
as petitioner respectfully contends,
null and void, inasmuc& as 1t contrav.
enes said article X 1, section ~, OF
the cons tuition Of this state. Petit.
TONER prays that said Brice eel be
declared unconstitutional, and that
tho comptroller general be restrained
from paying out to and drawing his
tmcial warrant for the SUM Of $3.50
Sc, or any part thereof, In favor of
the common schools Of any county
other than Newberry c.unty, and that
he 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 Caief Justice
Pope In response to this petition di.
reefs that Comptroller General b. 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 thai he be enjoined and restrain,
ed from paying out or drawing his of.
fetal warrant for $3.50 SO, which sun
1t Is alleged In the petition, would bt
apportioned to the public schools oil
Newberry, were Ii not for the proyis
ions Of the act commonly called the
Brioe act.
In the second petition the county
board Of control Of Newberry and De
pensary Commissioner w. o. Tatun
are made respondents. Tho petitioner
being the same as In tho petition
aboye referred to. The petitioner sets
out the dispensary law, and ''le Brio,
act, ard contends, on L.ounds nov
familiar to the public, that the Briot
act Is unconstitutional. Wherefore tn,
petitioner pra!s: That the said act
be d, clared unconstitu, ional, null ant
void, that the said county board O
control be enjoined from keeping sale
dispensaries in Newberry county clos
cd, and be compelled by the order O
the court to open the same in pursu
ance Of the valid law of the state, thai
tho said dispensary commissioner bt
enjoined from refusing to furnish sait
liquors to the county dispensers, an(
be decreed by the order to furnish tho
same, rursuant to the valid laws O
the state" etc.
II espoase to this petition, Chic,
Justice Pope signed an order, which
r ,ads In part "a 70 l,ws: That thu
respondents, az the county board O
control OF Newberry county and dis
pensafy commi siuners do show cause
before the supreme court Of this state
In its court room, In the city Of Col
umbia on tho 4th day of December,
1905 at 10 O'Clock a M. why the
prayer Of the petitioner herein should
not be granted"
TO Retire Cotton.