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


dav Of che general election. and the
people will decide whether or not the
dispenSarv is t. be retained in that
county.
The Order.
The order of the court is as fol-
lows:
State Of South Carolina. In the
Supreme Court, April term, 1908.
Eighth Circuit, Laurens County. J.
W. Little ct al, petitioners, VS. C. D.
BarkSdale ct al. respondents.
ORDER PERCURIAM.
After hearing the petition for i'll
junction, and affdavits in support
thereof. the demurrer to the petition
and argument Of counsel thereon, the
court is Of the opinion that the peti-
TONERS have 4 plain and adequate
remedy at law. and that no property
rights are involved justifving the
interference Of this court with the
election by injunction.
It is. therefore. ordered that the
demurrer be sustained and the peti-
ton dismissed.
Y. J. Pope, c. J.
Ira B. Jones, A. J.
C. A. Woods, A. J.
October II. 1908.
Justice Gary was not present to-
day.
The Argument.
Mr.. Cannon opened the argument
for the petitioners and made strong
! presentation Of his case. He took
the position that the supervisor had
performed his only duty in the mat
pr Of the election, and that there was
bthing further for that official to do,
ence he should not be a party to the
ase. In regard to the registration
" he held that the constitution IF
B95 provides for re-enrolment every
n years Of all electors, that b. on
Act of 1896 there was a re-enrolment
in 1895. and that in the present YEA"
there has been a reenrolment. there.
fore there was a period Of twelve
years to elapse between the enrol
ments instead of ten years, as req,tir-
ed, and that between 1906 and 1908
there were no legal electors in this
State at all, the D.. ,tition in question
having been filed with the supervis-
or prior to May, 1908, which was
prior to the reenrolment Of th.' year.
In regard to the matter Of the num-
Der Of electors on the books. he held
that under the law only the super
visors of registration have the right
to purge the books. Mr.. Cannon an
nounced that they were ready to take
testimony, either before the court
or by reference, in regard TO the num-
Der Of electors on the petition FOR an
election and in regard to The number
in the county. He stated that the
petitioners would abandon paragraph
9 Of the petition.
Col. FerguSo:? read an argument
bearing strictly on the legal points
involved. holding that IT,: petitioners
had an adequate remedy at law and
should protest before the county
board Of canvassers. He cited the
decision Of this court in the ease cf
the Calhoun county election, when
the court declined to grant an injune-
ton against the holding Of the elec-
ton.
One Of the cases cited by Mr.. Coop
er was that in which the supreme
court Of the United States overruled
Judge Golf, Federal Judge, who
sought to restrain the holding of an
election for the constitutional conven-
tion in this State in 1894
Senator Blease, Of Newberrv; clos
ed the argument. The principal point
made by Mr.. Blease was that # the
court had no power to review the ac-
tion Of the supervisor; the supervisor
might order an election on a petition
containing an insufficient number Of
names or on 10 petition at all.
: There were number of citizens Of
Laurens here for the hearing cf The
case before the supreme court.