The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-08-10
LEGISLATIVE ACT
DECLARED ILLEGAL
3. C. WATTS REFERS CASE TO ALL
JUSTICES SUPREME COURT.
State Officials and Richland Election
Commissioners Must Show Cause
In COlumbia August 20.
Tie State, 7th.

Tie State, 7th.
Alleging that the act of the last
general assembly providing for an
election September IA on the question
of prohibition is unconstitutional, at
torneys yesterday filed a petition with
r.. C. Watts, associate justice, at
Laurens, asking that a temporary in
junction be issued.
The action was brought by John
Henry Chappell, a citizen of Newberry
county, against R. M. McCown, secre-
tary of state of South Carolina; s. T.
Carter, State treasurer of South Car
olina; C. W. Sawyer, comptroller gen.
eral of South Carolina, and C. T.
Graydon, Zeb Hope and ]. F. Howell,
commissioners of election of Rich
land county.
After reading the petition, Associate
Justice Watts refused to grant the In
junction, but issued the following or
der:
at is ordered that the respondents
show cause before supreme court on
August 20, at 10 O'Clock a. m., 1915.
why an order should not issue herein,
restraining them from the acts and
things complained of in the said peti-
ton"
Frank G. Tompkins and C. L
Blease of Columbia are the attorneys
for the petitioner. They went to-
Laurens yesterday morning to secure
the order.
The petition of John Henry Chap
pell to the supreme court in full fol-
aows:
''Tne petition Of John Henry Chap
pell, above named, on behalf of him
self and all other electors and taxpay-
ers of the State of South Carolina Ia
terested in use matter and things
hereinafter set forth, respectfully
shows:
Citizen of Newberry.
81. That ne is citizen and resident
taxpayer of the county of Newberry,
State aforesaid, possessing the quail
fcations and laboring under none Of
the disqualifcations provided in the
constitution and laws of this State for
the electors and oficeEolders thereof;
and that this action is brought in be-
half of himself and other citizens and
resident taxpayers of said State in like
plight and condition as himself, as to
the qualifications and disqualiications
too numerous to be made parties to
this action; and tat all other citizens
and resident taxpayers OF said State
possessing the same constitutional
qualifications as himself and laboring
under no disqualifcations; and that
your petitioner is now SO years old,
never drank Intoxicating liquors, Is in
favor Of prohibition in the election
proposed in the act hereinafter men
toned, provided the same is held.
''2. That R. NJ McCown is secre-
tary of state of ire State of South Car
olin a,tnat S. T. Carter is State treas
urer of the State of South Carolina;
that C. w. Sawyer is comptroller gen.
erol of the State of South Carolina;
and that C. T. Graydon, Zeb Hope and
George F. Howell are respectively
chairman and members of a statutory
political body, known as commission
ers of election for Richland county.
The Act.
"3. That on the 18th day of Feb
ruary, 1915, there was enacted by the
general assembly of this State, and
approved by the governor thereof, an
act entitled: An act to submit to the
qualified electors of the State of South
Carolina the question of the proInibi
ton of the manufacture and sale of
alcoholic liquors and beverages il the
State and to provide for the carrying
of these provisions into effect which
act has been incorporated into the 29Uh
volume of the statutes at large of the
State of South Carolina, where it ap-
pears at page S8. That the said act
provides, in section 1, that an election
shall be held on the 14th day of Sep
tember, submitting to the qualified
electors of the State of South Caro-
lima the question as to whether the
manufacturing and sale of alcoholic
liquors and beverages shall be pro-
Eibited Or continued in. this State as
now provided by law.
81. That section of said act pro-
vi6es for the holding of said election.