The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-08-07
DlSPtNSARY CASE
OF CALHOUN COUNTY DECIDED
BY SUPREME COURT.
States Highest Tribunal Says Dis
pensaries at Fort .uotte and st.
Matthew's Niust Not be Closed.

pensaries at Fort .uotte and St
Matthew's Must Not be Closed.
The opinion of the Supreme Court
in the Calhoun County dispensary
case was filed at Columbia Thursday
the decision having previously " beer
announced. The opinion is writer
by Justice Jones and is concurred
in by the entire Court me tenn
porary injunction granted by CHIEF
Justice Pope is hlade permanent,
and the Orangeburg County board
of control IS restrained from clos
ing the dispensaries in Calhoun
County and ordered to continue thell
operation until county board fol
Calhoun is appointed by the Cover
nor. Under the decision it 1DW be-
comes the duty Of Governor Anse
| to appoint a board Of control FOL
Calhoun.
It will he recalled that Governo!
Ansel, after the coune, government
of Calhoun was formed, ordered the
Orangeburg County board to close
the dispensaries at Fort Motto and
st. Matthew's, which places were
formerly in Orangeburg, but now in
the new county of Calhoun. Be-
fore the order could be complied
with, however, Mr.. R. Fl. Welch, OF
Columbia, ,as attorney for certain
taxpayers of Calhoun, applied to
Chief Justice Pope for an injunction
against the closing of the dispensar-
les. This injunction was granted
and is now made permanent.
The full text of the opinion OF the
supreme court is as follows:
1.-THE petitioners as citizens and
taxpayers Of Calhoun county have
anplied to this court in its original
jurisdiction for an injunction re-
straining and enjoining the county
dispensary board of .Orangepurg
county and the dispensers concern
ed from closing either of. the dis
pensaries located at ST. Matthews
and Fort Motto.
.'By the act of IA Feb, % stat,
1878 Calhoun county was created
out of portions of Orangeburg ana
Lexington counties. Dispensarles
existed in both the original counties
at the time of the formation of Cal
houn county and have not been voted
out since that time. While no dis
pensary was located in that portion
of Lexington which became part
of Calhoun, two dispensaries exist
ed in that portion of Orangeburg
which went into the new county, one
of which being established at St.
| Matthew's and the other at Fort
Motto. These dispensaries existed
at the time Of the approval OF the
act of 16 Feb, 25 stat, 1, commonly
known as the 'Carey-Cothran act,
and sec. 81 of said act provided:
In any county in this State in which
the dispensary has not been voted
out by and under existing law and
until an election is held in such
county as provided by this act, any
dispensary now established therein
snail be continued as a dispensary
in said county under this act, ETC.
Sec. of the act creating Calhoun
county provides: Until the officers
to be elected at the special election
hereinbefore presided shall have
been elected and all officers required
to be appointed shall nave been ap-
pointed and duly qualified, all the
county officers in Orangeburg and
Lexington counties respectively shall
continue to perform and exercise the
duties of their respective Offices in
territory taken from each of the old
counties, etc" Sec. 20 of the said
act declared: All laws of force in
tie other counties of this State are
hereby made of force in Calhoun
county when not inconsistent with
the provisions hereof The men,
bers of county dispensary boards are
declared to be county officers by sec.
6 of the act of 1907.
After the formation of Calhoun
county these dispensaries at st. Mat
thew's and Fort Motto were managed
by the county dispensary board ofOr-
angeburg until some time before the
commencement of this proceeding
when that board oredred the per-
manent closing of these dispensaries.
To prevent their closing is the object
Of this proceeding While conced-
ing the power of the Orangeburg
county dispensary board to tempor-
arlly close the dispensaries as the
public good may demand under the
authority conferred by sec. II of
the act of 1907, the petitioners deny
the right of the board to perman-
emily close these dispensaries. con-
tending that such can only be done
under sec. 35 of said act after vote
of the people of the county of Cal
houn disestablishing or voting out
said dispensaries. There has been
no election in Calhoun county since
its formation voting for the establish
ment of dispensaries therein and no
dispensary board has been appoint
ed for Calhoun county.
"The question presented by the
petition and return upon the undis-
puted facts is whether it is the duty