The herald and news. [volume] (Newberry S.C.) 1903-1937, 1912-04-02
NEW BOARD GETS BOOKS.
Order Signed by Circuit Judge Order
ing Registration Books Turn
ed Over.


curing the books of registration for
Newberry county to be turned over to
the supervisors of registration recent
ly appointed by Governor Blease. This
board is composed of C. Eugene
Wheeler, chairman, E. Lee Hayes and
Gregg C. Evans.
Mr.. Fred. H. Dominick appeared be-
fore Judge Sease, representing the
new board. There was no return to
the rule to show cause from the OLD
board, two members of which had for
merly notified the clerk not to turn
over the books to any others than
themselves. These two members of
the old board had addressed letter
to Clerk Goggans last week saying
that they had reached the conclusion
to withdraw the instructions alluded
TO. This, however, was not in the ma
ture of a return to the rule to show
cause, directed to them, and was not
} before Judge Sease. There was re-
turn from Clerk Goggans asking the
direction of the court as to whom ne
should turn over the books.
Inasmuch as the letter from Messrs.
w. w. Riser and R. C. Sigh, of the old
board, to the clerk, contained the state
ment that they still believed they were
the legally constituted board, it was
thought best by attorneys for the new
board to have an order from the court
as to who was entitled to the books,
Following is the order of Judge
Sease:
'This is proceeding regularly
brought under Section 434 of the code
of civil procedure, (1902), Volume 2,
praying for an order Of this court to
compel the respondents to turn over
and deliver to the petitioners the reg
istration books and records of the
county of Newberry, all of which IS
disclosed in the pleadings, which will
be filed. The petition and order to
show cause were duly and legally
served on the respondents on the 27th
day of March, 1912.
'It appears from the verified peu-
ton and afidavits and certificates sub
mitted at the hearing that the petition
ers we're appointed supervisors Of reg
istration for Newberry county on the
4th day of March, 1912, by his excel
~lency, Cole. L. Blease, governor, and
that thereafter they duly qualified by
taking the oaths prescribed by law,
and were commissioned as such; that
thereafter the petitioners duly organ
lied as the board of registration for
Newberry county, and Immediately
made demand on the respondent, John
C.. Coggans, clerk of court of common
Meas for said county, for the reglstra-
tion books and records, which were
then on deposit in his Office for safe
keeping, as required by law. Similar
written demand was made upon the
respondents, w. w. Riser and R. c..
Sigh, who were predecessors in Of
fee of the petitioner, &C.. Eugene
Wheeler, one of the predecessors in
Office, being also one of the petition
ers). for any and all books and records
in their hands, custody or control be-
longing to the board of registration
of Newberry county.
"a formal return to the rule to show
cause, heretofore issued in these pro-
ceedings, has been made by John Z.
Goggans, clerk of court of common
pleas for Newberry county, and Gus
todian of the said registration books
and records; but no return whatever
has been made by the respondents w.
W. Riser and R. C. Sigh.
Section 176, Code (19O2), Volume /,
which provides for the appointment of
the boards of registration Of the va
rious counties in this State. says: BE
tween the first day of January and the
fifteenth day of March, eighteen hun
dred and ninety eight, and between
said dates in every second year there
after, the governor shall appoint, by
and with the advice and consent of the
senate, if in session, and if not in ses-
sion, subject to its approval at its next
session, subject to removal by the gov