The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-08-11
DISPENSARY ELECTION MATTER
Commission Served With Order of
Chief Justice Jones.

The rule to show cause, issued by
| Chief Justice Jones against the COM
| missioners of election for Charleston
County. why they should not be en-
Joined from holding an election of
| August II, together with the petition
of Thomas M. Jellico against the
commissioners, was filed in the sher-
| iffs Office yesterday morning, and la
ter in the day both papers were serv-
ed on Commissioners Henry W. Con-
ner, J. H. Conlon and William u.
Clarke. The substance of the petit
! ton has already been published i'm a
statement made by Attorneys w. 4.
Holman and John P. Grace, end sets:
| forth fully the grounds for the allie
proposed to hold an election for dis
pensary or prohibition, is unconstitu-
tional. null and void Mr.. Conner, the
| chairman of the board of election
commissioners, was unable to say
| yesterday what action the board
would take in the matter, but he
stated that he would call a meeting
of the board Immediately to consider
what should be done.
The rule is as follows:
Upon reading the verified peti-
| ton of w. A. Holman, ESQ.,, and
Messrs. Logan & Grace, attorneys for
| petition, it is ordered: First that
the respondents, Henry w. Conner,
John II. Conlon and William D.
| Clarke, commissioners Of election in
and for the county of Charleston,
| show cause, if any they have, before
the Supreme Court at Columbia. s.
c.. on Thursday. the 12th day Of
August, 1909, at II O'Clock a. M, or
as soon thereafter as counsel can be
heard, why Act No. AZ of the "acts
and joint resolutions of the state of
South Carolina passed at the regular
session Of 1909" in so far as the
same relates to the holding of elec-
tions. should not be declared uncon-
stitutional, null and void on the
grounds set out in the petition here
in; and why the said respondents,
their agents, servants and appointees.
shall not be enjOined from holding,
attempting to hold, or causing to be
held, an election in Charleston Coun-
ty on August II, 1909, under and by
virtue Of said Act, or from doing or
suffering anything to be done, or In
curing any expense in connection
Herewith.
Let copy of this rule and the
petition herein be forthwith served
upon each Of the respondents here
in.
"Ira B. Jones,
"Chief Justice"
august 6, 1909.
AS the decision Of the Supreme
Court affects twenty-one counties in
the State, it is possible that the appli-
cation for an injunction will be oppo-
sed by Attorney General Lyon. The
board of commissioners has no reg
ular counsel nor has it any funds with
which to employ counsel, and the
county attorney, Mr.. w. Turner Logan.
is not in the city at present, being on
tour through Europe. In case il is
necessary for the commissioners to en-
ploy counsel, they would have to bor-
row the money which would not he
paid back until after the LEGISLATURE
meets in case the legislature should
approve the bill. Money will have TO
be borrowed in case the applicat-
ion for an injunction is dismissed by
the Supreme Court, as no provision
was made in the bill for the payment
or the cost of the election. and the
commissioners will have to put a note
in bank to defray the expenses of the
election
AS it is necessary that some action
be taken at once, the commissioners
may meet today. The work of the
board In preparation for the election
is we'll in hand, and as it certain that
the Supreme Court will make a decis