The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1907-12-13
ELECTION HALTED
In the Proposed Calhoun County
by Judge Gary
On the Petition of Certain Citizens
Of the Territory Who Are Denied
Tl,eir Right to Vote.

OF the Territory Who Are Denied
Tlseir Right to Vote.
On Wednesday night Of last week
Associate Justice Gary granted a
temporary injunction restraining the
commissioners OF election Of Orange
burg county from holding the cleo
tion on the establishment Of Calhoun
county, which has been ordered by
Governor Ansel for Dec. II.
The Injunction was secured by Mr..
w. G. Wolfe, OF Orangeburg, repre-
senting citizens Of the proposed new
county opposed to It's formation. Mr.
Wolfe went to Columbia from Or
angeburg and appeared before JUS
tice Gary at chambers. presenting a
strong complaint, in which several
important points are made effecting
the election laws Of the entire state.
The order signed by Justice Gary
leaves the date blank for hearing the
ase but 1t will be argued before the
entire supreme court In time for it.
to be settled before the date fixed
for the election.
The Court Order.
The order Is as follows:
state of South Carolina, county
Of Orangeburg, in the supreme court
A. II. Parler, d. II. Rush, A. c..
Smith, E. II. Trick, C. w. Smith, W.
K Crook, II. w. Murph, II. I. Cutler
G. D. Felkel. n. A. Ulmer, plaintiffs,
against, w. Brooks Fogel, j. s. Bow
man, Jr., and II. j. Hart, as commits
sioners Of state and county election
for Orangeburg county, defendants.
"On hearing the annexed verified
petition. now on motion Of Messrs.
Herbert, Wolfe and Moss, Attorneys,
for plaintiffs, it is
Ordered that the defendants and
each OF them, and all persons acting
or claiming to act under or for them,
officially or otherwise, be and they
hereby are restrained and enjoined, ,
until the further order Of this court
from holding. or preparing to hold
the election upon the question of
forming or creating proposed new
county as complained Of in the COM
plant herein, from delivering the
election boxes to the managers, or
any other act whatsoever doing or
attempting to do in connection there
with; and that the defendants show
cause, If any they can, before the
supreme court at its court ROOM
Columbia, S. c., on the blank day of
December, 1907, at 10 o'clock a. m.,
be heard, why this order should not
be made permanent and absolute. ',
Ground of the Complaint.
The complaint sets forth np'n per
of grounds upon which the ipinhctlon
is asked, but the princip~i ones are
as follows:
First, that the iu,.rnctions sent out
to ,he manaeer, declare that only
oualificd elect>rs residing within the
nroscribcd ,erritory are registered at
nrocinc,s %ithin the new county shall
vote vhich cuts off qualified electors
viz five within proposed new county
sat whose precincts are outside that
territory. This is a conflict between
the constitution and the statute
which has already been passed on by
the Attorney General. but not by
the courts.
Secondly, that the registration
books Of Orangeburg County have
not been revised within the period
prescribed by the constitution and
that as a matter Of fact there is not
4 legal elector within the county.
If the court sustains this point it
will affect not Orangehurg county
alone, but the entire State, and will
not only vitilate all elections, but
will seriously interfere with the work
If the courts, since only qualified
electors can serve as purors.