The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1915-08-26
BAMBERG, S. G. THURSDAY, AUGUST 2e, 19l
ELECTION WILL BE HELD.
Act Upheld by Supreme Court jus.
tices and Circuit Judges.

iCluSIuS W euJOlu lue pTOllUltlOu rel
erendum election set for September.
IA and refused the petition of John
Henry Chappell, taxpayer, of Newber-
ry, who asked for the injunction.
The decision was rendered imme-
diately after the en- banc session had
adjourned and after consultation.
When informed of the refusal of
the court to enjoin the prohibition
election former Governor Blease, of
counsel for petitioner, would make
no comment When asked if they
contemplated taking an appeal to the
United States supreme court on the
matter of the federal constitionality
of the referendum act he said that
he and his associate, Frank G. Tomp-
kins, had not yet conferred and had
not reached any decision.
The order of the court follows:
John Henry Chappell, petitioner,
VS.. R. NJ. McCown, secretary of State,
ct. al.
Order upon hearing argument
herein and upon consideration there
Of, We are of opinion that the injunc-
tion be refused, and it is so ordered.
The immediate pendency of the
election forbids us to reduce to writ
ing the reasons for our judgment;
that will be done hereafter, and so
soon as the circumstances shall per-
nit of it.
(Signed) Eugene B. Gary, chief
justice, D. E. Hydrick, A. j.,
R. G. Watts, A. j., T. B. Fra
ser, A. j., George w. Gage, A. j.,
George E. Prince, judge 10th circuit,
H. F. Rice, judge End circuit, T. S.
Sease, judge 7th circuit, S. w. G..
Shipp, Judge 18th circuit, J. w. De-
Vore, circuit judge, Frank B. Gary,
Judge 9Th circuit, John S. Wilson,
| judge 3rd circuit, I. w. Bowman,
judge 1st circuit, Ernest Moore,
judge 9Th circuit, Mendel L. Smith,
Judge 5th circuit"
The justices Of the supreme court,
and the circuit judges Of the State
sitting en- banc here this morning
heard the petition of John Henry
Chappell, taxpayer of Newberry, for
injunction restraining the prohibi-
tion referendum election on Septem-
Der IA. The injunction is asked for
on the ground that the act is uncon-
stitutional in that the legislature
cannot delegate it's duties to the peo-
pie, and because the expenditure of
s34.500 of the taxpayers money for
holding the election would be contra
ry to law.
The petitioner was represented by
Frank G. Tompkins and Cole L.
Blease, former governor. The State
officers and board of election COM
missioners were represented by Thos.
H. Peoples, attorney general, and
Fred H. Dominick, assistant attorney
general. d. w. Robinson and w. B.
DeLoach, of Camden, were granted
permission to file certain authorities
on behalf of the prohibitionists.
Each side was allowed forty-five
minutes with ten minutes given the
petitioner. for reply. Mr.. Tomp-
kins opened for the petitioner,
stressing the ground that the
legislature cannot submit its
functions and delegate its duties to
the people, and conten ding that the
act calling for the referendum is in
violation both of the constitution of
the United States and Of the State
of South Carolina.
Assistant Attorney General Domi-
nick presented the side of the consti-
tutionality and legality of the refer
endum, piling up mass of authori-
ties and contending that the legisla-
ture could submit such a question to
the people. the source of all authori-
ty. He cited decisions of the South
Carolina courts in which they have
refused to interfere with elections by
injunctions. saying no such action
had ever been taken by the courts
of this State. He contended that the
| petitioner had an ample remedy at
law other than by applying for an
Injunction. He said the question was
a political one and that the courts
had uniformly taken the position
that the settlement Of a political
question was one with which they
had nothing to do.
Former Governor Blease made a
vigorous reply in his ten minutes OF
time. The question. he said. is
strictly legal and not a political
one. ''If had wanted to make it a
public issue I could have received in
| the months of July and August a