The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1914-01-08
CITY FATHERS REFUSE TO QUIT.
Contest for Offices at Batesburg.
Court Must Decide.

Lexington, January 3.-Alleglrg &
that NJ. E. Rutland, mayor, and F. P.
Byrd, J. H. RADON, NJ. Howard, ]. NJ
Hite, L. P. Fox and S. B. Cartledge,
aldermen for the town of Batesburg.
are not qualified electors, w. C..
Bates, mayor, J. R. Unger, George
W. Rikard, n. Afford, w. D. NJ. Har-
man and D. B. Rawi, comprising the
town council for Batesburg, have re-
fused to give up their offices, and.
through their attorney, J. Fraser
Lyon, of Columbia, eX-attorney gen
eral of South Carolina, have secured
temporary injunction from Chief
Justice Eugene B. Gary of the State
supreme court, requiring the newly
elected officers to show cause before
the supreme court on Monday next
why they should not be restrained
from assuming the duties of the
office of mayor and aldermen. The
injunction enjoins the new council
from assuming office, and also from
interfering with the old council until
the case has been decided by the
court.
The petitioners allege that in ALL
gust, 1911, they were duly elected
mayor and aldermen of the town CT
Batesburg. respectively, and that
they took the oath of Office and went
into the discharge of their duties on
January l, 1912, and that they have
continued in Office since that day.
They also allege that at regular
election held in August, 1913, that
the respondents received a majority
of the votes cast; that the respond
ents intended to assume the duties
of. office to which they were elected
on January /, 1914; and that the re-
spondents are not entitled to hold
said offices because they are not quail
fled electors of the town of Batesbnrg.
and that they-the petitioners
entitled to hold over and continue
in office until such time as their sue
cessors may be legally elected and
qualified.
The main clause in the allegations
of the petitioners is that the new
mayor and aldermen do not hold
registration certificates issued by the
registration officer of the town for
the year 1913, in which year the
election was held, and under which
the respondents claim that they are
entitled to hold office
1t is understood that the respond
ents claim that only two members Of
old council-W. G. Bates, mayor, and
]. R. Unger- according to the records
held registration tickets for the yea"
Before the general election for
town officers in 1913 Democratic
primary was held, in which two OF the
petitioners, Bates and Unger, offered
for reelection for mayor and alder
man, and they failed to receive the
nomination, Rutland and his ticket
having been elected by substantial
majority, after one of the hottest
elections in the history of Batesburg.
In the general election subsequently
held, it is said that the Rutland ticket
was elected by unanimous ballot.
The case is said to be one of the
most interesting in the history of the
State, and the outcome will be await
ed with keen interest Every inch Of
ground will be hotly contested 5E
both sides. The new council is repre-
sented by George Bell Zimmerman.
In the meantime, until the supreme
court decides the issue, the old coun-
Gil will be in power, the order Of
Chief Justice Gary carrying with it
the restraining clause.
Sno V