Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-08-22

ance Of said election, he has given bond
and otherwise complied with the re-
quirements of the law, and now stands
ready to enter upon and discharge
| the duties Of public cotton weigher for
| said cotton market.
8. That on or about the 9th day Of
August, 1911, over plaintiffs protest,
| the county commissioners of said
county undertook to, and did, appoint
other alleged public cotton weighers,
to wit: Paul N. Moore, w. T. Moore
and ]. Robert Lindsay, Jr., the said ap-
pointment being made upon the re-
quest and at the instance Of B. N.
Moore, w. r. Carroll and John A.
Latta, the last three named being, and
having long since been, the principal
cotton buyers at and upon said market.
! And in this connection, plaintiff alleges
that Paul N. Moore and w. T. Moore
are now, and have long since been, reg
ularly employed by B. N. Moore and
w. r. Carroll respectively as cotton
warehousemen, clerks, and to perform
any other duties required Of them, and
that ]. Robert Lindsay, Jr., Is minor,
and Is thereby incompetent to fill the
position Of public cotton weigher.
4. That there Is annually sold upon
the Yorkville cotton market about
eleven thousand bales of cotton, and
that plaintiff Is amply competent to
expeditiously and accurately weigh
said cotton and otherwise comply with
all the requirements Of the statute In
reference to public cotton Weighing.
And in this connection, plaintiff alleges
| that the amount Of cotton brought to
said market is not sufficient to warrant
the employment or appointment OF
more than one public weigher, and,
should more than one be appointed,
that competent men who are unbiased
and not in the employ Of other persons.
or receiving salaries from other per-
sons, firms or corporations, cannot be
obtained to act as public cotton
weigher.
S. That the defendants. B. N
| Moore, w. R. Carroll and John A.
Latta, stated to the county. commits
sioners that If the said Paul N. Moore,
W. T. Moore and ]. Robert Lindsay,
Jr., were appointed cotton weighers
that they would make no charges for
the services In Weighing cotton, but
that they would be paid by the said
defendants, B. N. Moore, w. R. Car
! roll and John A. Latta. And in this
connection, plaintiff alleges that the
procuring of the appointment Of these
| clerks Of the said cotton buyers as
| public cotton weighers Is but sub
terfuge to defeat the true intent and
spirit of the act, and that the said ap-
| pointments were procured for the pri-
vate convenience and private weigh
| ing Of cotton Of said cotton buyers,
| and that the said Paul N. Moore, w.
r. Moore and J. Robert Lindsay, Jr.,
| being in the employ Of the said B. N.
Moore, W. R. Carroll and John A.
I.atta, Is In spirit and In fact the MAX
| ing Of the cotton buyers the weigher
| thereof. and being In the employ OF
the buyers the said public weighers
are incompetent and disqualified
from adjusting the differences that
may exist between the buyer and the
seller by reason of the cotton gaining
in weight from moisture, or to
promptly settle any dispute between
buyer and seller as to the true weight,
and to perform other acts Of an un-
biased and unprejudiced nature that
are required Of a public cotton weigh
er. And in this connection, plaintif
alleges that he Is informed and be-
lieves that the said John A. Latta, w.
r. Carroll and B. n. Moore intend to
purchase cotton at their private ware
houses and weigh the same upon their
own scales at said warehouses (said
cotton so purchased not being for
storage), the said w. R Carroll, John
A. Latta and B. N. Moore each own
ing cotton warehouses upon whose
platforms the cotton purchased by
them is weighed.
6. That plaintiff being notified Of
his appointment as public cotton
weigher for the cotton market Of
Yorkville, and relying upon such ap-
pointment, purchased suitable scales
for the Weighing Of said cotton at a
cost Of seventy-two and 11-100 dol
lars, and further entered into a con-
tract for the rental Of house In the
town Of Yorkville at and for the sum
Of ten dollars per month; and plain
tiff alleges that said scales will be use
less to him except as a public cotton
weigher, nor will he use or occupy
said house unless he be a cotton
weigher at the town Of Yorkville, but
will nevertheless have to pay rent for.
same, to plaintiffs damage in the
sum Of two hundred dollars, which
said damage plaintiff alleges was caus-
ed by the acts Of the said defendants,
John A. Latta, B. N. Moore and w.
pointment of j. Robert Lindsay, Jr.,
Paul n. Moore and w. T. Moore, re-
respectively, as public cotton weigh
ers, the said last three named, plain
tiff alleges, being incompetent and dis
qualified from filling the position or
public cotton weighers.
{. The majority Of the board Of
county commissioners state that they
have elected the said Paul N. Moore,
w. T. Moore and j. Robt. Lindsay, Jr.,
public cotton weighers at and for the
cotton market of Yorkville, South
Carolina, and that, upon their COM
plying with the requirements Of the
statute that the said county commits
sioners will Qf they have not already
done so) duly commission them as
public cotton weighers, and the said
Paul N Moore, W. T. Moore and j.
Robert Lindsay, Jr, assert that they
propose to discharge the duties or
cotton weighers at said cotton mar
ket.
8. That this plaintiff is without
remedy except by the interposition OF
this honorable court.
Wherefore, plaintiff prays that an
Order may be issued enjoining and re-
straining the said Paul N. Moore, w. T.
Moore, and j. Robert Lindsay, Jr.,
from weighing cotton at the cotton
market Of Yorkville, South Carolina,
and that w. r. Carroll, John A. Latta
and B. n. Moore be enjoined and re-
strained from having said clerks or
employees, or any other clerk or en-
ployee, to weigh cotton for them upon
said cotton market, and that the elec-
ton by the county commissioners OF
YORK county Of Paul N. Moore, w. T.
Moore and J. Robert Lindsay, Jr., be
declared to be illegal, null and void,
and that the said Thomas w. Boyd,
supervisor and W. A. Aycock and l..
]. Lumpkin, commissioners be enJoln-
ed and restrained in the election or
appointment Of any other cotton
weigher at the said cotton market
other than the plaintiff herein, and
for such other and further relief as to
the court may seem just and proper
LOCAL LACONICS.