Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1919-02-14


reasonable relation to the object
sought to be attained and do not in
wade personal or property rights
vouchsafed to the citizens by the con-
stitution. Within the limits Of their
power, they are the exclusive judges
Of the proprietw and wisdom of their
actions, and so long as they are strict
ly within those limits and not ar
bitrarily or capriciously, they are rot
subject to the control of the court. In
other wordr, the court can set its
judgment against theirs. fc-' that would
be to usurp their powers"
1t very clearly appears that unless
the action Of the defendants in this
case was arbitrary or capricious, or so
discriminatory as to amount to the
same thing the action of the local
board Of health of Rock Hill should not
be interfered with.
After carefully considering the mat
ter and taking into account all of the
circumstances, I find that the action
Of the local board Of health Of Rock
Hill was neither arbitrary nor capri
cious nor discriminatory, and find
that the local board Of health had the
right and power to exercise discretion
and pass the order requiring the pic
ture shows and other places Of amusc
ment to be closed and to regulate the
actions Of schools churches and other
persons as was done as hereinabove
set forth.
In evidence Of the discriminatory
action of the local board Of health Of
Rock Hill against the plaintiff, affida
Wits were submitted to the effect that
the orders of the said local board Of
health affecting other persons and con-
Germs tan the picture shows and other
places of amusement had not been car
ried out, and steps had not been taken
by the said local board Of health re-
quiring the enforcement Of its orders.
The return Of the defendants, verified
by all the members Of the local board
of health Of Rock Hill, except one who
was i'll, and other affidavits show that
the orders Of the said local board Of
health were generally observed, and
furthermore that reasonable measures
were adopted by the said local board
Of health to require the enforcement
of its orders. The plaintiff operates an
unnecessary industry and maintains
dark room for the exhibition Of
pictures to which crowds are invited.
Although he has a ventilated system
and undertakes to fumigate 1t appears
from the showing made that neither
of these means is adequate to prevent
contagion in an epidemic Of influenza,
If the disease Is otherwise communi-
cable. It was the duty Of the defend
ansts to cope with the situation so as
to interfere as little as possible with
the conduct of the affairs Of persons
affected. II the board believes that
the situation could be adequately han
died by closing the places of amuse-
ment, Sunday schools, churches. except
one midday service a week, and by al
lowing the schools to run with certain
regulations, together with the rules
and regulations otherwise applied, the
plaintiff can not complain. The board
appears to have regarded the gather
ing in picture shows worse than the
congregation in other places, and 1t had
the right and power to exercise dis
cretion in the matter. If the situation
could be successfully dealt with by In
terfering with necessary industries the
board had the power to close them
although others were not affected.
Having found that the plaintif mas
failed to establish the right to an In
junction, refuse to grant the re-
straining order against the enforc-
ment of the orders Of the local board
of health Of Rock Hill requiring the
picture shows to be closed.