The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1913-09-20

MANAGERS ENJOINED FROM
sUSPENDlNG INMATE.
Judge Memmingcr Fixes Saturday
ss Time for Inquiry Into the Facts.

t1o Confederate Soldiers home, from
interfering with the right of C.. C..
Horton to remain within the home
and enjoy its privileges. was granted
yesterday by Judge II. w. Memming-
er OF charleston, presiding over gen
eral sessions court for Richland coun-
ty. Final hearing Of the case is
appointed for Saturday. A permanent
Injunction Is sought by Mr.. Horton.
who claims he was suspended Sep
teniber II for 90 days for having
permitted u friend to share overnight
his room at the institution.
The plaintiff alleges that ne was
ordered away from the infirmary
without any previous complaint or
charge against him. 80 far as he knew,
and that there was no trial and no
Testimony against him. He ascribed
mis- suspension to an incident stated
as follows IN. his complaint:
That Sunday night. the 14th Sep
teiaber 1913. william Williamson
came at about 8 o'clock at night and
asked plaintiff to let him sleep in the
room with him, there being two
vacant beds I'm the room. PLAINTIFF
was undressed and did not know of
rule to require him to get the per-
mission Of the commandant or to re-
port the presence OF a visitor. and
consented .. THAT Monday morn
Ing Acting Commandant Welch, one
OF the defendants. told plaintiff ne
should have gotten permission for a
friend to spend the night with him,
and plaintlff explained to him the cir.
cumstances and that he had meant
no harm. and had not known II was
against the rules. That on Tuesday
morning plaintiff found on his plate
at breakfast communication. copy
OF which Is given, and defendant
Welch said. 4 put 1t there, Mr.. Hor-
ton. I will give YOU 20 minutes to
get away from here. Fix up your
trapping That plaintiff replied that
he would not go on that order. but
was willing 10 be tried by a court.
That next day. Tuesday. the 10th. in
the afternoon, defendant Richardson
came TO plaintiff and brought the said
paper TO, plaintiff and said he had a
painful duty to perform, that is. he
was going to suspend plaintiff for 80
days because plaintiff had been dis
respectful to, Mr.. welch and had talk
ed at the table too loud. and had had
Williamson there at night against the
rules OF the house. and asked IL plain
tin did not know that Williamson
had been discharged from the infirm-
ary. Plaintiff replied that he did not
know II. but thought he had left OIL
account Of his daughters coming to
live near Columbia, and plaintiff ex-
planned how Williamson had come,
without invitation from plaintiff. and
that plaintifr could not turn William
son from his room hat Sunday night,
u was too dark for him to go home.
and he was nearly blind anyway. That
said defendant Richardson ordered
plaintiff to get away from the home,
plaintiff being then in bed sick. and
upon, seeing the rain pouring down
outside. Richardson said. You must
90 as soon as the rain holds up or
will have you elected. You can stay
till tomorrow Plaintiff was allowed
TO stay Till this morning. That plain
TIL has no money and no place to go
10.
That plaintiff has not been tried
or summoned for trial, and no specifi-
cations OF charges have been served
upon him. and ne has had no infor-
nation Of any charges against him
except az herein stated. and his dis
missal or sO-days suspension Is ,unlaw-
full. null and void. and he has no rem
edy mt law and will suffer irreparable
injury II the dismissal or suspension
In not enjolned.
That the act establishing the said
inflrmary does not confer upon the
commissioners tho power to dismiss
Confederate veterans once they have
been legally admitted. and the de-
fendant was one OF the inmates whose
support was provided for by the gen
eral assembly at it's last session in the
appropriation act. having In view the
number In attendance as reported by
tho board Of com mlssioners."
When application was first made to
Judge Memminger for the temporary
restraining order. when general ses-
slons court took recess at 2 o'clock
yesterday, the Judge requested that
the other side be given notice OF tho
application and the matter was taken