Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1915-08-10

to provide for a tax sufficient to de-
fray the same which act has e
duly incorporated in the 18th volume
of the statutes at large Of the state
OF South Carolina, where it appears a
page BAL, and page 345. volume 20
statutes at large, and under the heao
of Elections the following a%ppropria.
lions were made:
Item /, supervisors Of reg
| lStrdllOn 80. ......'.. ..''@i"'SSo'N
Item 2, commissioners and
management Of election :. 14,OOO.Ol
| Item 3, advertising elections $4,000
Item 4, tabulation . 900. 25.Ot
Item 5, tickets ........ 80. lOO.Ol
Total ......... .-.... ....Sof,ooo.V
And as far as your petitioner Is in
formed and believes the election pro-
vided for in the act ~hereinabove men
toned Is the only election to be held
this year, and the said appropriation
was made for and will be used In the
carrying out of the election hereinbe-
fore mentioned.
"12. That your petitioner is in
formed and believes that If the said
election is held both he and all the
other electors Of the state will be put
to great loss of time and expense in
attending said election, and if the said
election results in the closing Of the
di~spensaries of some Of the counties
of the state of South Carolina, both
he and those for whom he sues will
be deprived Of the income which the
state has received from the sale Of
whiskey and beverages, and to the
losses which will be incident to the
winding up of the affairs before the
said act Is declared unconstitutional,
null and void, and If the election
commissioners and officers charged
with mourning expenses in holding the
said election are allowed to proceed
any farther with the preparation for
the said election, your petitioner and
those for whom he. sues will suffer ir-
reparable injury, and such expenses
as may be incurred before this act
shall be declared unconstitutional,
null ami void.
"13. That for the general assembly
to, in the manner indicated In the
act hereinabove mentioned, take the
power and authority vested in them
and transfer it to a vote Of the peo-
pie at large will be to place the MAX
ing Of laws practically in the hands Of
irresponsible parties and negro elect
ors, who could be elected as
members Of the general assembly and
whom the constitution Of the United
States and of South Carolina never
intended should have any part In
making or repeating laws, except
through their representatives duly
elected under a republican form Of
government.
IA. That to allow the legislature
to thus delegate its power to the
electors Of the state would give to the
people Of one county the right to
participate in the repeating and the
making Of laws for another county,
which would be in violation Of the
constitution of both the United States
and the state Of South Carolina,
which contemplate that the making
and repeating Of such laws should be
by the general assembly.
Wherefore, petitioner prays that
the said sections Of the said act, and
the entire act as it appears in volume
20, statutes Of South Carolina, be de-
clared unconstitutional, null and void;
that defendants be restrained from
any violations Of the rights Of your Pc
titioner; that this court may grant its
writ of injunction issuing out of and
under the seal Of this honorable
court properly enjoining the defend
ants, their clerks, agents, servants or
attorneys, to wit: r. M. McCown, said
secretary Of state; S. T. Carter, said
state treasurer; c.. w. Sawyer, state
comptroller general, from mourning
any liability for the state, or issuing,
drawing and paying Of any warrants
for any amount of the said appropria-
ton hereinbefore mentioned, or from
issuing any tickets to the commission
ers of election for the purpose Of
carrying on the same; and that the
said C. T. G%raydon, chairman, Zeb
Hope and ]. F. Howell, be, and are
hereby, restrained from mourning any
expense in appointing any managers,
advertising or in any manner incurr-
ing any debts, liabilities or perform
ing any act under and by virtue Of the
act hereinabove mentioned; and
your petitioner further prays that
a temporary injunction be granted
pending the final hearing herein, re-
straining the above mentioned re-
spondents from performing any Of the
acts hereinabove mentioned; and your
petitioner further prays for such
other and further relief as to the
honorable court nay seem meet and
proper"