Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1919-02-14
ROCK Hill MOVIE Case
Question Of Whether or Not Board Of
Health Was CapfiClOuS
JUDGE MOORE UPHOLDS The BOARD

| "oeANh WV
JUDGE MOORE UPHOLDS The BOARD
Health Board Derives Its Powers from
the Legislature, Which Leaves Cues
tions Involved to the Discretion OF
Those Who Have the Matter In
Charge.
| Judge Ernest Moore's order In the
case Of Max G. Bryant VS.. ]. R. Miller,
and others, comprising the board of
health Of the city Of Rock Hill, covers
five pages of typewriting, and refuses
to grant the injunction prayed for by
the plaintiff to prevent the defendant
from closing up the plaintiffs moving
picture show. Following is the full
text Of the order: 4z
Upon the application of the plaintiff
on his verified complaint in the above
entitled action, I issued rule direct
ing the defendants to show cause be-
fore me at my chambers at Lancaster,
S. c., at 1880 o'clock on Tuesday, the
4th day Of February, 1919, why a re-
straining order should not be made
enjoining the defendants from enforc-
ing the order Of the local board Of
health of the city of Rock Hill requir-
ing the picture shows and other places
of amusement there closed. Upon the
return Of the rule defendants appeared
through their council, Messrs. w. M.
Dunlap and c. w. F. Spencer, and the
state board Of health through T. F.
McDow, and presented affldavits for
the purpose Of showing that their or
der was proper and necessary. The
plaintiff appeared through w. B. VIII
son and offered an additional affidavit
of the plaintiff, and the defendants
thereupon filed certain other affidavits
in reply.
There appears to have been a return
Of the epidemic Of influenza to Rock
Hill, S. c., in January, and the condi-
ton there became so alarming the de-
PENDANTS, constituting the local board
Of health of Rock Hill, S. c., found 1t
| necessary to take some action to re-
lieve the situation. On the 18th day
Of January. 1919, the local board of
health Of Rock Hill called in a number
of physicians Of the city to discuss
the situation, and on the Goth day Of
January, 1919. they called a mass
meeting. attended by persons from
every branch Of business and pro-
fess:onal life, for the purpose Of as
certaining the exact situation, and
adopting proper measures to stem the
progress of the epidemic. After the
local board Of health of Rock Hill had
secured all the information it could
as to the situation 1t passed resclu-
tion and order directing the picture
shows, and other places Of amusement
be closed; the churches to be closed;
except one midday service a week,
with the churches well ventilated; and
while the public schools and business
houses and factories were not ordered
closed rules and regulations were pro-
mulgated which prohibited the gener-
al assembling Of children in chapel
service, the temperature of the chill
dren were required to be taken in the
forming session and in the afternoon
session, and upon an elevation of
temperature appearing they were or
dered to be sent to their homes; per-
sons were directed not to crowd in the
stores and on the streets, and the po-
ice authorities were directed to see
to it that overcrowding was prevented,
as far as could be. There appears to
have been a general observation of
the orders Of the local board of health
OF Rock Hill except in the case of tn
picture shows. which, after remaining
closed for about two days, opened up
again. The situation was very fully
reported by the chairman of the local
board Of health Of Rock Hill to the
state health officer, and the secretary
Of the state board of health, who in
turn took the matter up with the at
torney general, and thereafter the,
sheriff Of York county was directed by
the governor to cooperate with the To-
cal police In the enforcement of the
order of the local board Of health of
Rock Hill in directing the picture
shows, and other places Of amusement
to be closed. Following the action by
the state board of health the local
board Of health Of Rock Hill again
met on the 9th day of January, 1919,
and passed another resolution and or
der directing the picture shows, and
other places Of amusement to be closed
at once. and directing the local police
and the sheriff to see to it that the
order was carried out.
Upon receiving notice from the local
police and the sheriff Of the passing of
the second resolution and order, the
picture shows closed, and on the 30th
day of January, 1919, brought this
action, alleging that the order of the
defendants was illegal, unjust, unnec-
essary, arbitrary, capricious and dis
criminatory, and alleging that the
manufacturing plans, public schools,
colleges, churches, Sunday schools.
stores, fraternal organizations, shops
and other mercantile establishments
had not been ordered closed, and that
1t would deprive the plaintiff Of the
enjoyment of his property without
due process Of law, If the order were
carried out. and asking that the de-
PENDANTS be forever enjoined from en-
forcing the order.
At the hearing the plaintiffs attor-
neys admitted the general authoritr
and power of the local board Of health
Of Rock Hill in the premises, but con-
tended that the action Of the local
board Of health Of Rock Hill was arbi-
trary and capricious, and that it was