The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-24

in attending tne polling places; and,
if the election carries, he and those
for whom he sues will be deprived Of
an income received from the sale of
liquors and beverages after the clos
ing of the dispensaries, and the losses
incident to the winding up of the af-
fairs of tne dispensaries before the
act can be declared unconstitutional.
In answer to the rule to show cause,
the office of the attorney general, in a
paper filed on tie morning of August
20, asked for dismissal of the suit
for the reason that the respondents
named are not amenable to the court
for their conduct in their political ca
pacity; that the plaintiff has adequate
remedy at law for the correction of
any matters alleged in tbs petition,
and that "these respondents deny the
jurisdiction of this court to interfere
in equity by Injunction" that plaintiff
is not entitled to relief, for sufficient
facts are not cited. in the petition to
show that he would be injured by an
election.
Eleven Circuit Judges Present.
The en- banc session was called
sharply at 10 o'clock yesterday morn
ing, tie entire supreme court and II
circuit judges sitting. The attorneys
appearing were allowed 45 minutes
argument for each side and 10 minutes
in reply. Frank G. Tompkins opened
for the petitioner, followed by Fred.
H. Dominick, assistant attorney gen.
eral, for the respondents, with former
Gov. Blease in reply The time was
not sufficient to allow either Mr.. Rob
inson or Mr.. DeLoach, for the prohibi-
tionists, to make oral arguments, so
t1ey filed their briefs with the supreme
court. The en- banc session adjourned
sine die at about noon.
During the course of the arguments
yesterday former Governor Blease said
that it had been talked that the effort
to prevent the prohibition referendum
was for political reasons. personally
if l had wanted to make prohibition
an ISSUE" l.e stated, addressing the
court, 'I could have stumped the State
in June and July and have received
for those two months more than the
salary of the chief justice for the year.
But this is legal and not political
ISSUE"
TIE former chief executive went On
to say that the last legislature has
attempted to dodge the issue and to
throw the responsibility of prohibition
on the people of the State and on the
supreme court.
Frank G. Tompkins, in an argu-
ment witch filled 25 typewriter
pages, exhaustfyely went into the au-
thorities to show that the legislature
can not delegate its duties to the peo-
pie, particularly under contingent
statute. He quoted copiously from
many authorities, and cited wide
range of cases.
Makes Mastery Argument.
Fred. H. Dominick showed a thor
ough familiarity with the case at bar
and made a mastery argument, in
which he cited case after case from
every section of the country and rec
osnized constitutional authorities to
show that the general assembly is
authorized to submit certain questions
to the vote of tie people to find out
their desires. He contended that the
prohibition measure is not contingent !
legislation and the submissal of the
question to the ballot for the ratifica-
ton of the people is not violative OF
the constitution. TIE argument of Mr..
Dominick, prepared by the Office of the
attorney general on short notice, COW
cred "A typewriter pages.
D. w. Robinson and w. B. DeLoach-
appearing as amicus curae, presented
to the supreme court an argument
showing why the injunction prevent
ing the prohibition referendum elec-
ton on pro- ibition on September IA
should not ISSUE He submitted au-
tnorities combating the petition OF
Mr.. Chappell
ITALY'S LAST MOVE
WILL MOVE BALKANS