The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1912-06-26
NEAR.BEER SALOON
GRANTED INJUNCTION
Permanent Injunction to be
Argued Thursday.
ORDINANCE CLAIMED
UNCONSTITUTIONAL
The Near-Beer Saloon, Which was
Ordered Closed June 18th is Again
In Operation Under Temporary In
Junction Ordered by Judge Gary last
Week.

Ill OperauOn Under n temporary In
Junction Ordered by Judge Gary last
Week.
b. b. Hill, who has been running
a near-beer saloon in this city for
the past few months and whose es-
tablishment was ordered closed Satur-
day night, the 18th of this month, ap-
peared through his attorneys, before
Judge Gary in the court house We'd
nesday morning and prayed for an in
junction to prevent the city council
interfering with his sale of non-in-
toXicating liquors. A temporary in
junction was granted and the city or
dered to show cause at Greenwood,
Thursday, June 27th, why perma-
nent order of injunction should not
be issued pendente lite. Gwynn &
Harmon, of Spartanburg, represented
the plaintiff and II. E. Babb, of this
city represented the city. Since the
order was granted the near beer sa-
loon has been in operation.
1T will be interesting to note that
If the permanent injunction is issued
several other loke establishments will
likely be opened up here At the
regular monthly meeting of council
when the establishment was ordered
closed several other applications were
made for licenses. VI the Injunction
is granted It will mean that the bars
will be let down, in 80 far as near
beer goes, and that anyone desiring
to open up such place will be al
lowed to do so, unless other re-
strictions are ordered by council
Like situations have already been
ruled upon by circuit judges in this
state and the contention OF the near
beer dealers have been upheld. A
notable case was that of the near
beer dealers in Spartanburg, where
Judge Sease granted an injunction, as
Is being prayed for in this complaint.
In Spartanburg it is now possible to
buy near-beer SO near TO the zeal
article that the difference can only
be detected by the very highest au-
thority
The complaint is as follows:
COMPLAINT.
State OF South Carolina,
| County of LaurGns.
In Circuit Cour..
b. B. Hill, Plaintiff.
against
City of Laurens. & NJ. Babb. Mayor
and w. S, Bagwell, Chief of Police,
| defendants.
The plaintiff complaining Of the
defendants, alleges:
First. Upon information and be
lief that the City Of Laurens Is a
municipal corporation duly chartered
and existing under and by virtue OF
the laws Of this State, and as such is
governed by a Mayor and six Alder
men, to wit: Mayor C. NJ Babb, Al
dermen, ]. Lee Langston j. B Brooks,
! n. B. Dial, +: p. MCGOWAN, j. r..
PhilpOt, T. C.. Swit2er, who were duly
| elected and qualified, and as such
constitute and are known as the "City
| Council of LauTens" and are duly au-
thorized and empowered "to sue and
be sued. plead and be impleaded"; :;
and that w. s. aBgwell Is the Chief Of
Police Of the said City OF Laurens.
| Second. That the plaintih is now
and at the times hereinafter mentioned
resident and citizen of the said
City OF Laurens and for considera-
bic length OF time, just past, until the
18th day of June. 1912, has been en-
gagged openly and notoriously, as his
only and principal business, In the
sale OF soft drinks and -intoxicat-
ing beverages, containing alcohol, pop
ularly known as near beer, from
the sale OF which he has derived a
| living.
Third. That although the City of
Laurens has recognized the sale of
notwithstanding beverages as legi-
innate occupation and have been re-
ceivng from the plaintiff sums Of
money as a license for selling the
same, plaintiff on the 18th day of June
1912, was ordered by the Mayor and
Chief OF Police of the said City Of
Laurens, to discontinue the sale of
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