The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-02-22

the |aueSllOn DeIOfe the court was aSa-
demic or hypothetical, inasmuch as
the office which the directors had held
Pha$ since the governors action been
abolished by act Of the general as
sembly, but this point was brought
out in a question from Justice Woods
during the argument of Mr.. MacDon-
aid, and it was discussed briefly by
Messrs. Macdonald, Gruber and De-
Bruhl. The attorney general asked
that the jurisd iction of the court be
decided, and he rested the case entire
ly ul'on that point, not caring to raise
any other issue.
Court Dismisses Petition.
After deliberating for less than an
hour ;,fter the close Of the arguments,
the court dismissed the petition in
the following order:
The State Of South Carolina-In
the Supreme Court. NJ. Rawlin=on
ct al, petitioners, against NJ. F. An
sci as governor, etc, respondent.
After hearing the petition, the re-
turn and argument thereon:
IL is ordered that the writ prayed
for be refused, and that the petition
be dismissed.
The reasons for this Judgment will
be set forth in an opinion hereafter 70
| be filed.
Y. j. Pope, c. J.
Eugene B. Gary, A. j.
Ira B. Jones, A. j.
C. ~. Woods, A. J.
Justice Jones Order.
The order of Justice Jones, on
which the case was today brought be-
fore the court, is as follows:
"Upon the hearing of the verified
petition Of the petitioners, J. M. Raw
linson, John Black, and Jos. B. Wylie,
a copy of which is to be served upon
you, you are hereby required to show
| cause before me, if any you can, in
the supreme court room at Columbia,
S. c., at II o'clock a. ~, Tuesday, the
10Th day Of February, 1907, why the
writ of eertiorari as prayed
for in said petition should not be
granted, and it is further ordered
that in the meantime all further pro-
! ceedings in the said matter referred
to in said petition be, and the same
are superseded and stayed until fur
| ther order. thereof.
! At the conclusion Of the arguments
The court asked that the attorneys
hand up their written arguments,
points and authorities and all of them
did so except Mr.. Macdonald, who
stated that his was not prepared, but
he would send it to the clerk in day
or so. However, the court then retir-
ed and at once went into the case,
filing the decision within an hour Of
their retirement. The grounds are
not stated, but it is presumed that
the right of Governor Ansel to re-
move the directors is sustained. The
opinion, it will be noticed, is unani-
nous.
The court refused to permit the at
torneys to file supplementary paper,
which is as follows:
The state of South Carolipa-In
the supreme 'court-The state, ex re-
| latione j. M. Rawlinson, John Black
and Joseph B. Wylie, relators,
against the Honorable Martin F. An
sci, governor of the state Of South
Carolina, respondent.
| TO the Honorable the Supreme
court Of South Carolina. The rela-
tors above named respectfully beg
leave Of the court, by way of reply to
the return to the rule to show cause
herein, to present and say: .
That since the action Of his Excel
, lency the governor in attempting to
remove these relators from office as
!! directors in state dispensary these re-
lators have held a meeting Of their
board as such directors, such meeting
being held on February 12, 13 and ID
/ 1907, and that they are entitled to
: compensation therefor, asD they are
advised and believe, at the rate Of
, four dollars for each of said days, no
part of which has been paid. That
these relators are advised and believe
that a decision of the questions in