The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-03-20
DIsPENSARIEs HELD OPEN.
Temporary Injunction Secured In Re
calhoun County Dispensaries,
Ordered Closed by Governor.

Bellinecr and Wclch. Columbia. came
to Ncwberry ON Tuesday artcnnon
and secured from Chief Justice Pope.
ut chambers. a temporary injunction
restraining and en-. iolnln" the diSppn-
scrS at ST. Matthews ana Fort Motto,
in The new rrinty at Calhoun. from
{, Y S;n@ t!r 0,*nru>rr:cs II sa;h places
"Hi f;"in% MarcE - ~ re date For
Il bearing @S to whether ur moi the
in Milnc,ion should bc ;.va,lc permanent
These AiSpens0rrs are IN the por-
tion of Calhoun COUNT taken from
Orang1brrg, and were ordered closed
BY the county board of Orangcbur2.
under the Instructions Of the COVER
nor.
. Governor Ansel took the posi-
ton that there is no provision of law
for their operation as dispensaries of
Calhoun county, and in the absence
OF any express authorization for their
continuance Governor Anscl took the
position ihMt they should be closed
and he so notified the Oranecburg
county boanM
'Allr. Welch represents certain oitiz-
els and tax payers OF 'Calh0un coun-
ty.
The petition which he presented to
| Chief Justice Pope on Tuesday after
| noon, alleged in substance:
That the petitioners r. 4. Amak-
er. j. S. Wannamaker, AMI G.. A. Bax-
ter, are citizens, residents. taxpayers
| and electors Of. Calhoun county. and
have children attending the public
schools.
| Tha, the Act establishing Calhoun
r''mty provided thar all The officers
Of both Lexington aud Orangebure'
counties. out of portions Of which Cal
| i!::un WAS formed, should continue to
c.2rciSe and perform their respective
','a>ieS III the territory taken from
c""h until their successors were elect
cd and qualified, and that all laws of
| iurce in thc other counties Of the
State were made of force in Calhoun
county.
That under the Carey-Cothran Act
dispensarics eNiAin@ in Oran.eburs
and Lexington counties were estab-
lished and continued as such until
| voted ont under the Act. That in the
termtory taken from Orangcburg TO
form CalRoumbeforc and at Ahe timo
Of the approval Of said Act were the
two dispensaries iii question, AMI
That said dispensarics have continu-
ed to exist since and exist under said
| Act.
That the order of the Orangeburg
county board in closing the dispen-
Sarics is null and void because the
Oran2eburg board is required to con-
tinuc lis duties in the portion of Cal
honn taken from Orangeburg; be-
| cause the Carey-Cothran Act is made
Of force in Calhoun, and under this
Act the dispcnsarics now in Calhoun
county are established and continued
and can only be removed or closed by
The qualified electors, and because
Orangcburg and Lexington, from
which two counties only territory
was taken, were both dispensary conn
ties, under the Carey Act, and
said dispensaries being in existence alt
the time Calhoun was formed, the Or
! angcburg county boam can not, by
| closing said dispensarics, convert CAL
houn into dry county.
That unless relief is granted the
diSpensaries will be closed, The stock
removed and taken control Of by the
Orangaburg board. and Calhoun lie.
prived Of large revenue for the
government and the schools. and the
taxes nf petitioners be materially in
creased.
The prayer is for an order restrain
ing and enjoining tho respondents, r.
+. Taylor and j. Nn Croswell, from
closing said dispensanies.
The order Of the chief justice re-
qnircs the respondents TO show cause
before him. if any they have, at
chambers. in Newbcr,:y, on March "a,
at 4 O'Clock p. m., or rs soon there
after as counsel can be heard, why
thc relief prayed for should not be
granted, and in the meantime, and
until further ordered, they are en-
Joined from closing said dispensarics
opd unt;l furthor nr1oroJ tLo,, 49,.