The herald and news. [volume] (Newberry S.C.) 1903-1937, 1905-07-07
CHIEF JUSTICE POPE
REFERS TO REFEREE
THE PICKENS DISPENSARY
MATTER.
He Thinks Better Be Heard Before
Full Cour-That There Are Is
sues Of Fact Upon Which
Testimony Should be
Taken.

laken.
The return to the mandamus issued
by Justice Pope in the PickenS dis
pensary case was heard by Justice
Pope at chambers on Wednesday.
The hearing was in the court house.
Messrs. w. Boyd Evans and L. D.
Melton appeared for the petitioner
and Messrs. J. P. Carey and C. E.
Robinson appeared for the relators-
the county board OF control.
The purpose Of the mandamus is
to require the late county board Of
control to show cause why they
should not be required to open the
dispensary in Pickens county. The
diSpensary was closed on the 10Th OF
June last by the county board Of con-
troll after some correspondence with
the governor. Our readers arc ia
mlliar with The proceedings in this
! .dIc up - llllS tllllt.
The Return.
The return to the rule to show
cause sets out as follows:
The return OF the respondents J. Z.
Cox. c. T. Hamilton. and S. H. Brown
to the rule herein respectfully
showeth:
I. Denies each and every allegation
OF the petition not herein expressly
admitted
p Admits the allegations contained
in paragraphs T. and 3 OF the peti-
ten and 50 much of paragraph 5 IS
; alleges that this board has closed the
dispensary and that there is no other
one in Pickens county.
g. That prior to the 25th day OF
April 1905, there was filed in the Of
| fee OF G.. NJ Lynch, supervisor, of
Pickens county, petition or petitions
containing more than one-tourth OF
the qualified voters Of Pickens coun-
tv asking for an election on the ques-
ton OF dispensary or no dispensary
and on said date the said supervisor
passed the following order:
Here follows the notice OF election.
j. That said order and notice OF
election was published in the Pickens
Sentinel Journal for four successive
weeks. a newspaper published weekly
at PickenS. S. c.. beginning April 2o.
| 1905. and said election was held on
the 10th day OF May, 1905. at which
o4o votes were cast for the dispensary
and 735 against it.
). That on Monday and Tuesday
following the election the returns
were forwarded to the county super
visor who declared the result of the
election to be against the dispensary.
notified the governor, the state board
of control and the county board Of
control.
s. That not being certain as to
whose duty it was to close the dis
pensary, respondents communicated
with the governor Of the State as to
the matter and received from him the
following letter.
Here follows the letters from Gov.
Heyward ordering the dispenSary
closed.
!. That on June 10Th. 1905, the
| county board of control closed the
dispensary in the discharge OF its
duty and all liquors on hand were
turned over to an agent OF the state
| board oi control who receipted tor
the same and had it shipped out OF
the county.
8. The respondents who composed
the county board III control closed the
dispensary at Pickens for the reason
herein set iorth
The reply submitted by the attor-
neys for the relator is as follows. 1t
was not served on the attorneys for
the respondents until Wednesday but
Mr.. Carey stated he was anxious to