The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-02-01
HOLT VS.. FAINT.
The Office Of Intendant of the Town
Of Whitmire In Dispute-Rule to
Show Cause.

of .Whitmire is in dispute and the
matter has been carricd> into the
courts. Mr. a. j. Holt contends that
in the election held on january of
this year he defeated the encumbent,
Mr.. John p. Fant, by vote of 40
to 44, and has qualified as intendant,
but that Mr.. FAINT els now aud has
been, since the date Of the qualifica-
ton Of the said A. j. Holt as intend
ant, usurping, intruding into and un-
lawfully holding and exercising the
Office Of intendant of the town Of
Whitmire.' Mr.. Fred II. Dominick,
Of the firm of Blease and Dominick,
appeared before Judge Purdy at
Laurens last week and secured an
order requiring Mr.. FAINT to show
cause before him in Newbcrry on
Wednesday, why Mr. Fhnt should
n"l turn over the books and papers
Of the Office to Mr.. Holt. In his re-
turn to the rule. Mr.. Fant, through
his attorneys, Shepparls, Grier and
Park and Hunt, Hunt 4 Hunter, de-
INJURED t" the jurisdiction Of the
court. When the matter came up on
Wednesday afternoon, Mr.. Grier and
Mr.. Walter II. Hunt, representing
Mr. Fant. contendtr that the proper
proceeding was civil action to try
title to the Office. Mr.. Dominick de-
fcn1cl his proceeding, and was sus-
tanned l!y judge Purdy. The defend
ant was given until tomorrow to
serve return to the rule upon Mr..
Dominick. and the return will be for
wardcd to Judge Purdy at Sumter,
and the matter decided by him.
The verified petition Of Mr.. Holt
upon the hearing of which Judge
purty ISSUE, the rule to show cause
against Mr.. Fant, and which fully
sets forth Mr.. Ilolt's contention, is
rs follow.
The petition of your rclator. \. j.
f'.lt. would respectfully show into
the court:
|. That your rrlatnr is resident.
duly qualified clector aud taxpayer
of the town of Whitmirc in the
county and state aforesaid.
,. That on or about the fifteenth
day Of Scptembcr, 1906, in the town
OF Whitmire, county and state aforc-
said, Il notice, signed by John p. FAINT,
lntcndant, was posted in several
places of the said town in substance,
as Follows: The books Of registration
for the town election are now open at
Duncan & SETTLERS store for registra-
ton of electors for an election to be
held on the fifth day of January,
1907, j. G. Settler, Supervisor of
Registration, and said election was
for the purpose Of electing an Intend
ant and Warden for the said town of
Whitmire for the year 1907.
3. That i'll pursuance Of the said
notice II registration was had and one
hundred and five of the citizens of
the said town qualified thmeslves to
vote in the said election.
i. That in pursuance of the said
notice, an election was had on the day
specified in the said notice, to wit:
on the fifth day of January, 1907, the
managers of same having been duly
and regularly appointed.
). That ut the said election, there
were two opposing candidates for the
Office of Intcndant Of the said town,
\. }. Holt and John p. FAINT, al
which election the said a. j. Holt
received forty-ninc votes and the
said John p. FAINT received forty
four votes. which said election was
duty announced and proclaimed by
the managers of election rs aforesaid
and the said A. j. Holt and the said
John p. Fnnt were Informed of the
result of the said election.
6. That after the result of the said
election had been declared by the
managers as required by law and on
the ninth day Of January, 1907, the
said ~. j. Holt, the successful cam
didatc for the Office Of Intendant and
your relator, was by an officer quail
fled to administer oaths, sworn in as
Intendant Of the said town Of Whit
mire, your said relator having taken
all Of the oaths as are prescribed by
law in such cases.
7. That by reason Of such election
as aforesaid and by reason Of such
qualification as aforesaid, your rela-
tor is now the duly elected and quail
fled Intendant of the town Of Whit