The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-09-12

executive committee Of the Democratic
party of the city of Charleston from
proceeding with the erasing of names
from the club rolls, was passed under
a misapprehension as to its contents,
scope and effect. The court did not
have before it, nor was it brought to
its attention, the requirements Of the
law as to fling Of the club rolls with
the county auditor at fixed time, and
The court in no wise contemplated the
prevention OF the purging Of the rolls,
hrf intended merely to preserve the
rights. + any, Of the parties to be
heard.
And It appearing that the contents,
scono and effect Of said order far ex-
cecdcl the intention and the under
stoadtng Of The court, and notwitl1-
witllstanding that a revocation Of the
said order can not now entirely rem
edy the effect thereof, the court de-
siras ard SO orders and directs that
the same be annulled and revoked.
"And it is so ordered"
Explains Issuing Of Injunction.
i Judge Memminger siad that the first
order, while dated September the 1st,
was not really signed by him until
Saturday, September the I'd, and was
signed under the following circum-
stances: That he and his family were
! in Oconee county, and when he heard
of the storm in Charleston he returned
10 that city Friday evening, and the
most of the time Friday and Saturday
he was working around his premises,
reDairing as far as possible such dam
| age as had been done to his premises
and household goods by the storm.
AT some time Saturday afternoon -
he said, counsel for petitioners came
to my house and presented the petition
and order, stating 20 me in 4 general
way its contents. { supposed the or
der simply preserved the rights, if
any, of certain parties to a hearing es
| to whether they Should "be stricken
from the club rolls o. not.
81 was very much occupied and dis
turbed over the condition Of my home
and its contents, and laid the papers
aside, and did not examine as carefully
as I otherwise would have done into
the allegations of the petition or the
effect of the order. I was so hurried
in getting my property in some sort of
shape before leaving for this place to
open court Monday morning that I did
not give the consideration to the order
which I try always to give to papers
presented to me for signature. Not
having before me at the time the law
governing the primary election in the
city of Charleston and not realizing
that the time fixed for filing club rolls
with the auditor was so near at hand
that a hearing could not be had be-
fore that time and assuming that the
order was mere matter of form to
bring before the court the alleged
rights of the parties mentioned, I
signed the order as is usually done by
the judges for a temporary restrain
ing order, which I understood this to
be- And I certainly overlooked the
provisions of the order requiring four
days notice to be given of a motion to
dissolve it. Nothing was further from
my mind and certainly if my atten-
tion had been called to it by telegram
or otherwise when it was received on
Monday, I would have Immediately
revoked it.
|'The fact of it is, have been so
busily engaged in the court here that
I knew nothing Of the effect o. this
order until Wednesday evening after
adjournment of court, when I saw the
Charleston papers, and I Immediately
wired to Mr.. Rivers, the chairman Of
the committee, in Charleston, and also
tried to reach him over the long dis
tance telephone, hoping that even a.
that late hour something might be ac-
complished to remedy the mistake,
but he replied that It was now 100
late"
Then, Judge, you think the signing
of that order was a mistll2?'
81 certainly do, and regret exceed
ingly that in MY anxiety and hurry
failed to give it the consideration
whichsit ought to have had, and which
I would have given it, notwithstand-