The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-04-23
BEFORE SUPREME COURT.
Question of Assignment of Offices in
the New Court House Argued.
Decision Soon.

offices IN the court house is now be-
fore the supreme court. The probate
judge, it will be remembered, still oc-
cupies his old Office in the old court
house. The board of county commits
sioners in January decided that the
auditor should move from the Office
assigned him by the court house COM
mission and into which Auditor Cro-
mer moved last year, and that he
should occupy the small room in the
rear. Auditor Werts declined to move
and secured an injunction from Chief
Justice Pope, the hearing to be had
before the Supreme Court at the
April term. The furniture and fix
lures have all been put in according
to directions Of the court house COM
mission and the auditor is in the office
assigned him: and arranged for him.
The other Office has fixtures put in to
suit the office of probate judge, but
the probate judge holds that this
|
office is too small for him and
that the other office now occupied
by the AUDITORY was originally in
tended for him.
The matter was argued in Colum-
bia on Tuesday before the supreme
court.
! To change the Offices now would re-
! quire the purchase Of new furniture
in Large measure.
The supreme court will probably
hand down it's decision very soon.
The petition upon which the in
junction was secured and the order Of
Judge Pope have been printed. The
Herald and News today prints the
substance Of the answers of Super
visor Feagle and Probate Judge
Schumpert and afidavits connected
Herewith and other affdavits in sup
port of the order Of injunction.
It will be remembered that in Feb
ruary at meeting Of the new board
! Of county commissioners it was de-
cided by the board to give Probate
Judge Schumpert the office now occu-
pied by Auditor Werts and assigned
to the auditor by the court house
commission and to put Auditor Werts
in the small Office in the rear Of his
present Office
The day assigned for moving the
two Offices Supervisor Feagle took
the chain gang to the court house for
the purpose of moving the books and
fixtures and he found that the audi
tors office was locked. In the mean
time temporary injunction was
granted by Chief Justice Pope upon
showing made on the affidavit of
Auditor Werts on petition of his at
torneys.
The order of injunction granted by
Chief Justice Pope was made return
able before the Supreme Court at ten
a. m. on April 2Oth.- The petition of
Auditor Werts and the order Of in
junction by Chief Justice Pope was
printed in The Herald and News of
February 9th.
The case came up before the Su-
preme Court on Tuesday, April 10th,
in Columbia. Messrs. Blease and Dom
mick appeared for the auditor and
Messrs. Schumpert and Holloway for
the probate judge and the county su-
perviso:.
Tie following is the return of Su-
pervisor Feagle to the order of In
! junction by Chief Justice Pope:
Return of Supervisor.
The Defendant above named, l.. [.
Feagle, as County Supervisor of New
berry County, for return to the rule
herein issued at Newberry, S. c., 9Th
Of February, 1909, BY Hon. Y. J.
Pope, Chief Justice, respectfully
shows:
That he is the duly elected, quail
fed and commissioned County Super
visor of the County Of NewbeTy,
State aforesaid, and that as such
official, 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