Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1915-08-10
REFERENDUM In QUESTION
The Legislative Act Is to Be QueS'
toned.
Case BEFORE JUDGE R. c. WATTS.

Various State officials Required I
,, Show Cause Before the suprem
i Court on August 20.
Alleging that the act of the las
general assembly providing for a
election September IA, on the questio
of prohibition is unconstitutional, at
torneys last Friday filed a petition
with r. C. Watts, associate justice. a
Laurens, asking that a temporary In
junction be issued.
The action was brought by Johl
Henry Chappell, a citizen Of Newberr,
county, against R M. McCown, secre
tary Of state of South Carolina; S. I
Garter, state treasurer Of South Caro-
lima; c. w. Sawyer, comptroller gen
eral Of South Carolina, and c. I
Graydon, Zeb Hope and j. F. Howell
commissioners of election Of Richlant
county.
After reading the petition, Associate
Justice Watts refused to grant the in
junction, but issued the following or
der:
1T is ordered hat the respondent:
show cause before supreme court OF
August 20, at 10 o'clock a. m, 1915
why an order should not issue herein
restraining them from the acts anc
things complained of in the said petit
tion."
Frank G. Tompkins and c.. l. Blease
Of Columbia are the attorneys for the
petitioner. They went to Laurens yes.
terday morning to ecure the order.
The petition Of John Henry Chappell
to the supreme court in full follows:
1.-The 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 in
| terested in the matter n things
hereinafter set forth. respectfully
| shows:
Citizen Of Newberry.
al. That he is a citizen and resident
taxpayer of the county Of Newberry,
| state aforesaid, possessing the quail
| ications and laboring under none OF
the disqualifcations provided in the
| constitution and laws Of this state for
the electors and oficeholders 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 disqualification
| too numerous to be made parties to
this action; and that all other citizens
and resident taxpayers Of said state
possessing the same constitutional
| qualifications as himself and laboring
under no disqualifications; and that
your petitioner is nov go years old,
never drank intoxicating liquors, is in
favor Of prohibition and intends to
vote for prohibition in the election
proposed in the act hereinafter men,
toned, provided the same is held.
"2. That r. NJ. McCown Is secretary
Of state Of the state Of South Caro-
lima; that s. T. Carter Is state treas
urer of the state Of South Carolina;
that c. w. Sawyer is comptroller gen.
eral 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 commissioners
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 ap-
proved 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 prohi-
bition of the manufacture and sale OF
alcoholic liquors and beverages in the
state and to provide for the carrying
Of these provisions into effect which
act has been Incorporated into the
goth volume Of the statutes at large
of the state Of South Carolina, where
it appears at page 3S. That the said
act provides, in section 1, that an cleo.
ton shall be held on the 14th day OF
September, submitting to the qualified
electors Of the state Of South Carolina
the question as to whether the manu-
featuring and sale Of alcoholic liquors
and beverages shall be prohibited o.
continued in this state as now provid-
ed by law.
a. That section 2 Of said act pro.
vides for the holding Of said election
states how electors may vote an6
makes provision for the registering OF
electors by the supervisor Of regis
stration.
80. Section 3 Of said act provides
that if the majority Of the ballots sc
cast be for the manufacture ant
sale Of alcoholic liquors and bever.
ages in South Carolina and laws ex.
listing and Of force at the time of such
election, shall be and remain in full
force and effect.
&c. Section 4 provides that if the
majority Of the ballots so cast bt
Against the manufacturing and sale
of alcoholic liquors and beverages il
South Carolina hen the manufacture
and sale Of alcoholic liquors and bev'
erages in this state shall be unlawful
except as hereinafter provided, anC
the authorities in every county in thi:
state now or hereafter vested will
control Of d~ispensaries, where dispen'
saries are operated, shall proceed t.
wind up the affairs Of the ~dispensaries
and close the same before the 31st da.
Of December. 1915, and that no liquor!
shall be bought or contracted for, Of
received by any county dispenser,
board after the result Of said election
is declared by the state board Of al
vassers.
~. Section s provides that TIT
manufacture and sale Of alcohol shall
be allowed and permitted as now pro
vided by law.
IS. Section 6 provides and defines
the manufacture Of alcoholic liquors