The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-07-20
ton, for an injunction.
The petition contains the follow
inc ALLEGATIONS:


ing allegations:
"1st. That on the 10th day of JAN
uary, 1909, the said Eugene S. Werts
vas duly appointed and commission
ed to the Office Of county auditor Of
Newberry county, and that he enter
ed upon the duties Of the said Office
on the 18th day of January, 1909,
succeeding therein William ". Crom-
er, formerly county auditor Of New
berry county, and that the said plain
tiff has continuously since the said
18th day of January, 1909, been dis
charging and is now discharging the
duties of the said Office
"2nd. That L. I. Feagle is the
duly commissioned and qualified coun-
ty supervisor Of Newberry county,
and that Frank NJ. Schumpert, is the
duly commissioned and qualified judge
of probate Of Newberry county.
"3rd. That as the plaintiff is in
formed, believes and alleges, during
the year 1908, the present court house
for Newberry county was completed,
and that the commission charged with
the erection thereof, assigned and set
apart for the use of the county audi
tor Of Newberry county, one Of the
Offices therein, situate on the south
ern side of the said building, and op-
posite, on one side thereof, to the Of
flee assigned and set apart for the
use of the clerk Of court of said coun-
ty, and On another side thereof, to
the office assigned and set apart for
the use of the county treasurer OF
said county, and that the predecessor
of this plaintiff, in the Office of coun-
ty auditor Of Newberry county, in the
discharge Of his duties as such county
auditor, took possession Of the Office
or room hereinbefore described, and
continued to use and occupy the same,
until the expiration of his term Of
office, and that the said W. W. Crom-
er, as county auditor aforesaid, had
the consent, approval. and authority
of the county board Of commissioners
of Newberry county, to use and oecu-
py the said Office or room.
"4th. That when this plaintiff en-
tered upon the duties Of county audi
tor, of Newberry county, the use, oc-
cupancy and possession of the afore-
said room or Office, was turned over
to him by his said predecessor in the
said Office, together with the books,
records, papers, furnishings and
equipment thereof, and that this
plaintiff is now, and continuously
since the said 18th day of January,
1909, has been in possession OF the
said room or Office, discharglng tho
duties of his Office therein.
"5th. That on the 5th day of Feb
ruary, 1909, the said L. I. eFagle,
as county supervisor Of Newberry
county, demanded that this plaintiff
vacate the office or room, now oeeu-
pied by him as auditor Of Newberry
county, and further demanded that
the plaintiff remove or permit said l..
I. Feagle as county supervisor afore-
said. to remove therefrom the books,
records, furnishings and equipment OF
the said Office, to another room or Of
flee in the said court house. HIS
reason therefor, is, this plaintiff is
informed, believes and alleges, being
to permit his co-defendant Frank M.
1'scbumpert as Judge of probate OF
Newberry county, to use and occupy
the said room and Office, and as this
!; plaintiff is informed, believes and al
leges, the said Frank NJ. Schumpert,
as Judge of probate Of Ne"berry
county, was and is assisting the SAID
L. I. Feag leas county supervisor to
cause this plaintiff to vaeate SAID OF
flee or room, and was and is advising,
urging, aiding and acting with him in
the effort and attempt, to cause this
plaintiff to remove from the said room
or office.
"6th. That the room or Office to
which the said defendants are trying
to have this plaintiff, together with
the books, records, equipment and
furnishings Of his office, removed, IS
50 small and i'll arranged that it IS
not proper and suitable place or Of
fee room, for proper performance
and discharge Of the duties OF the
Office of county auditor Of Newberry
county, and that the same does not
1