The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-02-09
TWICE A WEEK. 81. so A YEAR

vault, and not large enough Tor the
proper transaction Of his official. du-
ties.
County Supervisor Feagle took the
chain gang to the court house on Fri
day afternoon for the purpose ct
moving the auditors books and fix
lures, but found the doors locked, nor
could an entrance be effected with the
duplicate keys held by the supervisor.
Auditor Werts and his attorney, Mr.
Blease, were in the office and admis-
sion to the Office was denied.
Such was the situation throughout
Friday afternoon, and on Saturday
morning temporary injunction was
secured from Chief Justice Pope di-
rected against the supervisor and pro-
bate judge, which will hold the mat
ter in statu quo until it is heard by
the supreme court on April &c.
It is believed, however, that some
conclusion of the matter can be reach
ed without the necessity OF going be-
fore the supreme court.
The supervisor and county commits
sioners are represented in the matter
by Mr.. H. C. Holloway, attorney f.
the board.
The temporary injunction was
granted by Chief Justice Pope upon
the showing made in petition from
Auditor Werts, presented by his at
torneys at an early hour on Saturday
morning.
The Petition.
Following is The petition upon
which the temporary injunction Of
Chief Justice Pope was granted:
STATE OF SOUTH CAROLINA,
COUNTY OF NEWBERRY.
COURT OF COMMON PLEAS.
Eugene S. Werts, as County Audi
tor of Newberry County, Plaintiff,
L. I. Feagle, as County Supervisor,
and Frank NJ. Schumpert, as Judge Of
Probate of Newberry County, De-
PENDANTS.
COMPLAINT FOR INJUNCTION.
The plaintiff above named COM
planning of the defendants would re-
spectfully show to the court.
. 1st. That on the 10th day of Janu-
ary, 1909, the said Eugene S. Werts
was duly appointed and commission
ed to the office of county auditor OF
Newberry county, and that he entered
upon the duties of the said office on
the 18th day Of January, 1909, sue
ceeding therein William W. Cromer,
formerly county auditor Of Newberry
county, and that the said plaintiff has
continuously since the said 18th day
of January, 1909, been discharging
and is now discharging the duties OF
the said Office.
End. That L. I. Feagle is the duly
commissioned and qualified county
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 COM
pleted and that the commission charg-
ed with the erection thereof assigned
and set apart for the use Of the coun-
ty auditor Of Newberry county one OF
the Offices therein, situate on the
southern side of the said building, and
opposite on one side thereof to the
Office assigned and set apart tor the
use Of the clerk Of the court OF SAID
county, and on another side thereof
to the office assigned and set apart
for the use of the county treasurer OF
the said county, and that the prede-
cessor Of this plaintiff in the Office
f county auditor Of Newberry eoun-
t.. n tie discharge Of his duties as
-, h county auditor, took possession
f :',a Office or room hereinbefore de-
r:bcd and continued to use and oe.
I'D" tie same until the expiration OF
his term of office and that the said
W ". Cromer, as county auditor
aforesaid. had the consent, approval
md authority Of the county board OF
commissioners Of Newberry county to
pss md occupy the said office or room
nj IL A.. tl;. ,a1oinfiff On.