The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-10-20

Tuesday, October 20, 1908.
day of the general election. and the
people will decide whether or moi the
dispcnsary is to he retained in that
county.
The Order.
The order Of the court is as fol-
4 lows:
n State Of South Carolina. In the
Supreme Court, April term, 1908.
Eighth Circuit. Laurens County. j..
w. Little ct al, petitioners, VS. G. D..
Barksdalc ct al. respondents.
ORDER PERCURIAM.
After hearing the petition for i'll
Junction, and alIidavits in support
thereof, The demurrer to the petition
and argument Of counsel thereon, the
court Is Of the opinion that the pcti-
tlon"rS have Il plain and adequate
remedy at law. and tha, no property
rights are involved jnStifying the
interference Of this court with the
election by injunction.
1t Is. therefore. ordered that the
demurrer be sustained and the pcti-
ton dismissed
Y. j. Pope, C. J.
Ira B. Jones, a. J.
G. y. Woods, \. J.
October II. 1905.
Justice Gary was no, present to-
/ day.
The Argument.
Mr. Cannon opened The argument
Tor the petitioners and made a strong
\ presentation Of his case. He took
the position that the supervisor hed
Performed his only duty in the mat
er OF the election. and that there WAS
othln@ further for that onicial to do,
kehcc he should not be party TO the
esc. IN regard TO the registration
he held that the constitution Of
S95 provides for rc-cnrolment every
~ years Of all electors, that by an
|1iNrt OF 1896 there WAS a rr-"nrolncni
IN lS!6. and that in the present vna"
there has been rccnrolmrnt, there.
lore ''l"rc Was period Of ;wc;>"
years to clapSc between the ra.o}-
mcnts instead Of ten years. rs rcouir-
cd, and that between 1906 and 1908
there were no legal electors in this
State at all, the petition in n,;cst;,,
haVlng been filed with the supervis
or prior to May, 1908, Which was
nror to the rccnrolmcnt Of tn, ycar
In regard TO the matter Of ,hc num-
Der OF electors on the books. he held
that under the law only the s,ipcr.
Vlsors Of registration have the RIGHT
to purge the books. Mr. Cannon an
hounccd that they were ready to take
testmony, either before the court
or by reference, in regard 10 the num-
Der of electors on the pc'.I.on For IN
election and in regard . ;hc number
III the county. He stated that tho
petitioners would abandon n,rarrSph
. of the petition.
Coz. Ferguson read an urwumcnt
bearing strictly "M III" !pvl, nr:n,s
involved. h"lliny thN. I'll. petitioners
had an adequate remedy AT Law and
Shonld protest before lh" colniv
board OF canvasScrS. IT, ciIcl thc
decision Of this court in The voSn ,f
the Calhoun county election, when
the court declined 10 grant an :niun,-
tl"n against fhc holding Of the clcc-
ton.
B One of the eases cited by Mr. Coop
er was that in which the supra,nc
court Of the United States ovcrru]cd
Judge Gof, Federal iudrc. who
sought to restrain the holding of an
election for the constitutional convcn-
tlon in this State in 1894
Senator Blcasr. of Ncwbcrrv. clos
} cd the argument. The rrincipal y ,ini
made By Mr.. Rlca>r was tha, r. i've
court had no power 10 review Ike a"-
lion Of the supervisor. the suprrvi%or
might order an election IN a nnii.i,a
: containing an inSufiiccnr number %
y names or on hu petition at ALL
There were 4 number Of citizens of
LaurenS here for the hearin" -; tho
I ease bcf"r" the supreme cour..