The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-07-20

proper discharge Of the duties Of the
said office"
Then follow allegations that the de-
Pendants, by their acts and threats,
are seriously interfering with the
discharge Of his duties as county
auditor.
On the 9th February, 1909, Mr..
Chief Justice Pope granted an order,
requiring the respondents to show
cause, before the supreme court, why
they should not be enjoined.
The respondent L. l. Feagle made
return as follows:
:'That he is the duly elected, quail
lied, and commissioned county super
visor Of the county Of Newberry,
State aforesaid; and that as such Of
fetal, in connection with the county
commissioners of said county, it IS
his duty under the mandate Of the
law, to furnish the probate judge and
county auditor Of said county, and
other county officials, Office room, to-
gether with necessary furniture and
stationery for the same, and that soon
after this defendant entered upon his
duties as county supervisor, as afore-
said. to wit, on the thirtieth day Of
January, 1909, the same being the first
regular monthly meeting Of the coun-
ty board Of commissioners recently
commissioned, and Of which board he
is chairman, the matter Of furnishing
Offices for the said probate Judge and
county auditor, came up for consider
a,ion and determination, and that at
said meeting it was decided and ad-
judged by the said board, that the
room or Office then, and now, in the
possession Of and occupied by said
county auditor, in the new court
house, should be the Office for the pro-
bate judge, and that the room or Office
in the southeastern corner Of said
court house, sho?ld be the room or Of
fee for the county auo.tor 70 aid
county. Of this action I'll the part Of
the said county board tf comm; :s'o.i-
e-<. the said count ;u@ tor, the n'aln-
tiff herein. was duly notified, and a
day was appointed with him by this
defendant, for the removal Of the
books, records, furniture, and other
things pertaining and belonging to the
Office occupied by MIN, to the Office
in the rear end Of the building, as
aforesaid: that at the time appoint
ed, and agreed upon by the plaintiff
and this defendant, for said removal,
this defendant. as county supervisor,
as aforesaid, was present and ready
to carry, and demanded Of the plain
tiff to be allowed to carry, into exc
eution said decision and judgment OF
the county board Of commissioners,
but he was prevented from so doing
by the said county auditor, the plain
tiff herein, obstrueting said execution,
BY locking the doors Of the Office oc-
cupied by him, and by refusing to al
low this defendant to remove the
books, records, furniture and other
things pertaining and belonging to
said Office therefrom, and by the fur
the further obstruction on the part OF
the plaintiff, by carrying the matter
into court and obtaining a tempo
rary order of injunction"
The other respondent relied upon
the facts, set out in said return.
The petitioner introduced in evil
dence the following affidavit Of Geo.
S. Mower, Esq:
"That pursuant to the terms and
provisions of an act of the general
assembly, Of the State of South Car
olinaf entitled, "An act to provide
for the erection of a new court house
in Newberry county," approved the
18th day of February, 1906, depo-
nent was appointed and constituted
one of the commissioners Of the
commission, to prcure plan for and
erect a new court house for Newberry
county, and that upon the organlza-
tion Of the said commission, he was
elected chairman thereof, and Otto
Klettner was elected secretary; that
pursuant to the provisions Of the SAID
act, the commission procured plans
for the said building and in said
plans, as originally adopted, the Office
of the probate judge, was to be the
Office now occupied by the county aud
itor, and the county auditor was to
occupy the room, afterwards assigned
to the probate judge; that thereafter,
and before the completion Of said
h,,;11;no and inst nriOr TO letting the