The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1907-12-11
ELECTION HALTED
In the Proposed Calhoun County
by Judge Gary

OF the Ierrltofy VINO are Denied
Their 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
ton on the establishment of Calhoun
county. which has been ordered by
| Governor Ansel for Dec. IT.
| The injunction was secured by Mr..
w. C. Wolfe. of Orangeburg, repre-
senting citizens Of the proposed new
county opposed to its formation. Mr..
Wolfe went to Columbia from Or
angeburg and appeared before JUS
tice Gary at chambers. presenting
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 it will be argued before the
entire supreme court in time for 1t
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. R. Parler, D. H. Rush, A. G.
Smith, E. F. Trick, G. w. Smith, w.
K. Crook, T. w. Murph, F. I. Cutler,
C. D. Felkel, T. A. Ulmer, plaintiffs,
against, w. Brooks Fogel, J. S. Bow
man, Jr., and T. 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
ca lse, if any they can, before the
supreme court at It's court room,
Columbia. 8. c.. on the blank day Of
December, 1907, at 10 o'clock a. m,
or as soon thereafter as counsel may
be heard, why this order should not
be made permanent and absolute. "
Ground of the Complaint.
The complaint sets forth number
of grounds upon which the Injunction
is asked, but the principal ones are
as follows:
First, that the instructions sent out
to the managers declare that only
qualified electors residing within the
prescribed territory are registered at
precincts within the new county shall
vote, which cuts OF qualified electors
who live within proposed new county
but whose precincts are outside that
territory. This is 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
legal elector within the county.
If the court sustains this point II
vii; affect not Orangeburg 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 qualihed
electors can serve as purors.