The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-02-05
AdR. FANT'S POSITION.
Return to The Rule to Show Cause
In Re Election of Intendant at
II. Whitmire. NJ. I -.

l
tomeys, Sheppards, Grier and Park,
and Hunt, Hunt and Hunter, has
served upon Mr.. Fred. II. Dominick,
attorney for Mr.. A. j, Holt, his re-
turn to the rule to show cause, re-
Gently issued by Judge r. o. Purdy,
i'll the matter Of the recent election
of an intendant Of the town of Whit
mire. The plaintiff, Mr.. Holt, has
traversed the return, and has sub
mitted affidavits to sustain the ori-
ginal petition and the traverse.
1t is not known whether Judge
Purdy will decide the matter as it is
now before him, or hear further argu-
ment. If further argument be nee
cssary it will probably be heard this
week at Sumter.
A full history Of the controversy
was given in the last issue of The
Herald and News. Following is the
return of Mr.. John p. FAINT, made in
obedience to the order of Judge Pur-
dy, who issued a rule to show cause
directed against Mr.. FAINT, after hear
ing Mr.. Holt s petition, presented by
his attorney, Mr.. Dominick.
The defendant herein, John P.
FAINT, being required by an order of
this honorable court to show cause
and make return, as required by said
order, for cause and by way of return
shows:
|. This defendant denies each and
every allegation contained in the said
petition, except such as are specifi-
eally admitted hereinafter.
,. Defendant is without knowledge
Of information sufficient to form a
belief as to allegations contained in
paragraphs l, 3 and II Of the said
petition.
!. Defendant denies the alega-
tions af paragraph 2 of the said
petition and denies the allegations
of paragraphs i, 7, 8, 10 and II Of
the said petition.
+. Defendant admits that there was
an attempt to hold an election as al
legged in paragraph 5 of the said peti-
tion but denies the other allegations
of said paragraph.
5. That defendant has no know
ledge or information sufficient to form
belief as to the allegations of para
graph of the said petition and OH
information and belief denies the
same.
6. That defendant admits that he
is exercising and performing the du-
ties Of the Office of intendant of the
said town of Whitmire as alleged in
paragraph 8 of the petition, and ad-
mits that the said A. J. Holt in All
informal way in the course Of an in
formal conversation, asked this de-
fendant if he would give him the
books and papers of the town, which
| defendant refused to do and Stated
to him at the time that council had,
by an ordinance, declared the elec-
tion null and void.
7. The defendant for further cause
and by way of return shows: a. That
after the said pretended election, the
town council Of the town Of Whit
mirc, duly elected and qualified, met
and after deliberation passed an ord
nance in and whereby it was ordain-
ed and declared that the said election
was null and void and that no elcc-
tion had been held, which investiga-
ton by council was on complaint duly
filed with council in this behalf.
8. AS a further cause and by way
Of return, defendant further shows
a. That no notice was ever given Of
said alleged election; that the char
ter Of the said town requires that no.
tice be given at least ten days before
the election, as defendant is advised
and believes and so alleges but no
notice Of said alleged election of any
kind was so given. b. That the books
of registration we're never filed with
the council as required by law but
remained in the Office of the super
visor of registration until the morn
ing of the election. c. That certain per-
eons were allowed to register and
vote at said election who had not
paid the taxes due to the said town
for the year 1906, the exact number
thereof defendant is not now pre-
pared to state, and certain other par
ties were allowed to register and vote
at said election who had not resided