The herald and news. [volume] (Newberry S.C.) 1903-1937, 1912-06-28
NEAR.BEER issue TO
Be FOUGHT. OUT HERE
PROCEEDINGS BROUGHT TO EN-
JOIN THE CITY.
Hearing Before Judge Frank B. Gary
at Laurens on Monday, July
Eight

aJ LauT6nS ON MOuudys Suly
Eight
The question as to whether or not
Newberry is to have near-beer sa-
loon is to be decided by Judge Gary
at chambers early in July. Some time
ago Mr.. ]. T. Lawson undertook to
open such a place on the Prosperity
road, just beyond the incorporate
limits of the city, but was closed by
the governor. Mr.. Lawson, through
his attorneys, has filed petition with
Judge Gary, setting forth his reasons
and requesting that an Injunction be
issued against the city of Newberry,
and it's officers, to prevent them from
interfering with his operating near
beer saloon in the city Of Newberry.
Judge Gary has granted a temporary
Injunction, which will be heard on
July 8. The papers were served on
Wednesday by Sheriff Buford. The Pc
tition and the order granting the tenn
porary Injunction are published in
this connection.
Mayor Langford is in Rock Hill at
tending the firemen's tournament.
Captain W. H. Shelley, alderman
from Ward 1, is acting mayor.
Captain Shelly stated on Thurs
day that in the absence OF the
city attorney, Eugene S. Blease, Esq,
who is in North Carolina, that city
council had formulated no plans, but
that he desired it understood that city
council would fight to the bitter end
and exhaust every means in it's power
to prevent the establishment of any
Inear-beer saloon in Newberry.
Attorney Blease has been asked to
come home and will take up the mat
ter. and, Of course, return will be made
to the petition and the argument
against the establishment of near
beer saloon will be made before Judge
Gary at Laurens on July 8.
It will be noted that Judge Gary's
temporary restraining order only en-
ioins the city from interfering with
the plaintiff in the sale of soft drinks
and beverages containing alcohol
which will not intoxicate If drunk to
excess" -s-~s
At Greenwood on Wednesday a
white man was convicted by a jury
of violating the dispensary law in
selling Rainbow near-beer." =
| The papers follow:
STATE OF SOUTH CAROLINA, .
COUNTY OF NEWBERRY.
IN CIRCUIT COURT.
], T. Lawson, Plaintiff,
City of Newberry, j. ]. Langford, May
or: w. H. Lominick, Chief Of Police,
Defendants.
COMPLAINT.
The plaintiff complaining of the de-
PENDANTS, alleges:
1. Upon information and belief that
the defendant City of Newberry is a
municipal corporation duly chartered
and existing under and by virtue OF
the laws of the State of South Caro-
lima, and as such is governed by a
mayor and five aldermen, to-wit: May
or, J. J. Langford; aldermen, w. Il.
Shelley, Edward L. Rosenberger, Jno.
D. Livingston, H. H. Abrams, Clarence
Summers, who are duly elected and
qualified, and as such, constitute and
are known as the "City Council Of
Newberry,'' and are duly authorized
and empowered "to sue and be sued,
plead and be implicated" and that Rob-
ert Rominick is chief of police in the
said city of Newberry.
2. That the plaintiff is now and was
at the times hereinafter mentioned
resident and citizen of the said city OF
Newberry, has purchased a stock OF
goods, leased in the said city store
room for the purpose of engaging in
the sale of soft drinks and non-ln-
toxicating beverages!
3. That before actually engaging In
the sale of said soft drinks and non
intoxicating beverages the plaintiff
presented to the mayor or the said
city sample of the mountaineering
oil hal md