The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-02-25
HEARING GIVEN l1 kINGsTRkE
HEARING OF INJUNCTION AGAIN
POSTPONED,
injunction Against Club Dismissed
Until Hearing Can be Given Injunc-
ton Against Bank of Sumtcr.-Dis-
missed on Technically.

against the Eagles club and the
Bank Of Sumter was taken up Moa-
day at kingstree before Judge De
Wore with Mr.. d. d. Noise represent
Ing the Bank Of Sumter and Messrs.
Geo. ID. Levy and r. Dozier Lee rep
resenting the Eagles club and So
| llcitor Stoll representing the State.
Inc result OF the hearing was that
the Injunction against the eagles
club was dissolved and, owing to press
OF court matters to which Judge De
Vore was obliged to attend, the hear
ing against the Bank of Sumter was
postponed until sometime later.
A resume of the case and hearing
! Is as follows:
In answer to the rule to show
cause why the Bank of Sumter and
| the Eagles club should not be per-
petually enjoined, restraining them,
| their agents and servants, and lessees,
manner alcoholic liquors and bever-
ages on the property used and owned
by the respondents, c. II. Dorm and
Sank Of Sumter, the respondents, the
Eagles club and the Bank Of Sum-
ter, each through their attorneys at
kingstree Monday made a special ap-
pearance ard made special returns
before his Honor Judge ]. w. De
Wore.
The respondent, the Eagles club
set forth in it's returns that it had
never been properly served with a
copy Of the order heretofore made
restraining it. This being made ap-
| parent to the court by exhibiting the
papers purportang to be the petition
and order. and it appearing therefrom
that 1t was not a true and correct
copy Of order temporarily restrain
Ing the respondents, his Hoaor.
Judge De Wore. dissolved the tempo
rary injunction as against c.. Fl. Dorm,
as manager Of the Eagles club.
The respondent. the Bank Of Sum-
ter, made a special return setting
forth the fact that all Of tie proceed
ings temporarily restraining it and
| requesting a permanent restraining
order We're absolutely null and void,
Of no effect, in SO much as no sum-
mons was attached to the order or
served upon the respondents. On
this question Judge De Wore made no
ruling and postponed hearing the
arguments on this question until a
later day.
AS the matter now stands the
Eagles club is relieved entirely Of
the restraining order and is free to
conduct it's affairs as heretofore until
the joint action against the Baak of
Sumter, teh owners Of the building, Is
determined. The only question now
to be determined is whether or not
the Bank Of Sumter shall be allowed
to lease and let the property owned
by 1t and used as the club rooms Of
the fraternal order Of Eagles for the
purpose Of conducting it's club there
in.
Judge De Wore will be in this city
March 18th to preside over the spring
term Of the Court Of Common Pleas,
and it is the understanding of So
licitor Stoll that the case will be TAX
en- up and disposed Of at that time.
when the injunction proceedings
against the Eagles club will be re-
newed. The technical error in the
proceedings, ol account Of which the
temporary injunction was dissolved
will be remedied, and the case will
finally come up on it's merits. The
| result this far amounts to nothing
more than a postponement on a tech
nicality, for the real merits Of the
case have not been touched upon.
The hearing Of the injunction re-
straining the Eagles club from SELL
ing alcoholic liquors which was held
at KingstI'ee Monday is the third chap
ter Of series of steps that have been
taken against this club to prevent
them from carrying on an unlawful
business.
The first step was taken when the
grand jury Of 1910 appointed a COM
mittee to investigate and fad out If
the clubs were violating the dispen-
sary law. and IL so, to bring charges
against them in the circuit court. This
committee set to work and after some
difficulty gathered sufficient evidence
to arrest the managers Of the Elks'
and Eagles clubs for violation Of the
dispensary law. These cases were
postponed from one term of court to