The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1908-10-15
COURT STOPS ELECTION
CHIEF JUSTICE POPE ISSUES OR
DER IN LAURENS CASE.
Question OF New Registration May
Prevent Election on "DispenSary"
or "No DispenSary."

or mo Dispensary."
Laurens, Oct. 7.-An order from
Chief Justice Y. J. Pope, calling upon
tie managers of the general election
TO appear in Columbia, October IT,,
and show cause why they should not
be restrained from holding an cleo
ton on the dispensary question, was
received here this afternoon.
! Such an order was, in measure,
expected here, since it has been
! known that parties interested have
been active in the matter of prevent
ing the question of 'dispensary" or
| no dispensary' coming before the
| people.
Upon a petition signed by Messrs.
, J. w. Little, L. A. Armstrong, and
NJ. L. Nash, Individually and as mem
! bers of the board of control of the
Laurens county dispensary, attorneys
for the petitioners secured this order
| from Judge Pope against Messrs. G.
D. Barksdale, A. c. Owings and Con-
, way Dial, who comprise the board of
managers Of the general election.
The order says:
THAT the respondents, G.. D. Barks-
dale, A. G. Owings and Conway Dial,
, election commission ers and county
board of canyassers for the county
! of Laurens, in the State aforesaid, do
show cause before this court, If any
they have, on the 18th day Of Octo-
ber, or 80 soon thereafter as counsel
! can be heard at Columbia, why they
4 e1 ha inc n
ed proceeding further the order of
the supervisor Of Laurens county,
dated September 80, 1908, ordering
an election to vote upon the question
of for sale or against sale of alco-
holic liquors and beverages; why
they should not be restrained and en-
joined from appointing managers to
conduct said special election, and
providing boxes and tickets at the
polls on the 3rd day OF November,
1908, for the purpose Of holding said
special election, or from doing any
thing in the matter of holding said
election; why the said C. D. Barks-
dale, A. G.. Owings and Conway Dial
; should not be restrained and enjoin-
ed from organizing as county board
of canvassers to canvass the returns
and declare the results of the said
election ordered by the supervisor of
Laurens county to be held on the, 3rd
! day Of November, 1908, for the pur-
pose of voting upon the question of
for sale or against sale of alco-
holic liquors and beverages in the
county of Laurens, State aforesaid.
Let a copy of this order, together
with copy of this petition, be forth
with served upon each of the re-
spondents to this action.
(Signed) "Y. J. POPE,
'Chief Justice.
Dated at Newberry, S. c., this the
7th day of October, A. D. 1908"
The petition upon which the order
was secured sets forth that under the
constitution of 1905 there must be
reenrollment of the voters every 10
years and that an act by the legisla-
ture, passed March 9, 1896, orders the
first general reenrollment under the
constitution to be done in the year
1896, and further provides that the
next enrolment shall be in the year
1908, thus making two years in ex-
cess of the time provided by the con-
stitution. The petition sets forth
that the petition upon which the su-
pervisor orered the election was not
signed by one-fourth of the qualified
electors of the county, as is provided
for and required by the act of the
legislature of February 16, 1907, in
that the books of registration were
not open when the petition calling
for the election was filed, hence the
signers of the petition that was sub
mitted to the supervisor was not
signed by any qualified electors, &C
cording to the act The third ground
upon which the order was secured is
the allegation that the supervisor in
ordering the election provides, for
only one box in which to deposit the
ballots both "for" and against
should be deposited. -
Upon these three points is based
the argument for the order. An af-
fidavit, signed by Mr.. NJ. L. Nash, is
attached to the order and the petition!
in it. Mr.. Nash makes oath Ito his
own knowledge the allegations con-
tanned in the petition" are true and
correct.