Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1919-02-04

tneatre, anQ tnat Sa1Q Incense issued 10
him by the city council Of Rock Hill
fully authorizes him 80 to do.
2. That the defendants above named
constitute the board Of health Of the
city Of Rock Hill, so constituted and
appointed by the mayor and city coun-
ell of the said city Of Rock Hill, as
provided by the statute law OF this
state.
8. That on the 9th day Of January,
1919, the said local board Of health OF
the city Of Rock Hill, passed or under
took to pass, the following order:
Moved and seconded that we, the To-
ture shows and other places OF public
amusement closed; and that on said
date said local board Of health deliver
ed said order to the chief Of police Of
the said city of Rock Hill and to the
sheriff Of said county who served same
upon plaintiff and at the same time In
formed him that they had been order
ed to enforce the same In the event
that plaintiff should attempt to open
his said picture show for business =.
4. That said order is illegal, unjust
and inequitable, and should not be
permitted to be enforced. upon the rol-
lowing grounds, to-wit:
(a). Said order was not made IN ac-
cordance with any rule or regulation OF
said local board Of health as required
by the statute law Of this state.
(b). That no rule or regulation au-
thorizing the making or enforcing o,
such order has ever been made and
published as required by the statute
law Of this state.
(c). That the action Of said local
board Of health in passing or attempt
ing to pass such order was an unneces-
sary, improvident, arbitrary, capricious
and unreasonable exercise OF any au,
thority or power possessed by II ana
without any just and reasonable rela-
tion to object sought to be Obtained
to-wit: The prevention Of the spread
of Influenza; and was also, as plalntln
Is Informed and believes, In connlct
with the action and opinion or the
executive committee Of the state BOARD
of health, who are authorized under
the statute law Of this state to super,
wise and direct the action Of said local
board of health, and who had DECIDED
and declared that the closing OF
churches, schools and theatres Is not
necessary so long as a patient is nan
died according to the suggestions maze
by the state board Of health.
(d). That said action OF SAID poaru
of health was discriminatory against
this plaintiff, in that, whereas the CITY
Of Rock Hill has population OF some
twelve thousand inhabitants, embrac-
ing numerous cotton factories, and
other manufacturing plants. public
schools and colleges, churches ana
Sunday schools, fraternal organlza-
tions. shops, stores and other mercah.
tile establishments, in each and all OF
which large and promiscuous croWos
of people are daily accustomed 10 az
semble and are so permitted, or IN no
way prevented by any mandate OF Or
der of said local board OF Leaitn, nor,
is any other body, society or business
interfered with or ordered to ne CLOS
ed by any order Of said local poaro Oh
health, save and except moving PIC.
| ture shows and other places or pu nnc
amusement, said exceptions only err
bra cling and affecting this plaintin, ono
other picture show, and two small pool
rooms. although the building IN Whlcn
plaintiffs picture show Is operated mas
heen especially constructed for sucn
purposes, with extra high ceiling, ano
is not only thoroughly and scientifcal.
| Iy ventilated, but is supplied with the
latest modern appliances which enaDle
eiectment Of all used air and the SUD-
stitution therefor Of fresh air every
minute, II required, of all OF which tne
members of said local Doard OF heaitii
have been duly informed by this plain
tiff, and who, also, at the same time,
and before the passage or attempted
passage Of said order, offered TO nave
| fumigated the said theatre In such
manner and as often as said board OF
health might direct, and furthermore
to comply with any other order, rule
or regulation that said board might
deem advisable to prevent the spread
of Influenza OF any other infectious or
contagious disease.
(e). That said action OF said local
board of health denies unto plaintin
equal protection Of the laws, and de-
prives him Of the use and enjoyment
of his property without due process OF
law. as guaranteed unto him under the
constitutions of this state and OF the
United States.
S. That IL the said order Of the local
board of health is permitted to be en-
forced II will work irreparable injury
to the plaintiff and against which he
has no adequate remedy at law, and
his only relief is from the restraining
order of this honorable court. -.
Wherefore, plaintiff prays judgment
that the said defendant be forever en-
Joined from enforcing said order and
for such other and further RELIEF as
may be equitable and proper.