Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1921-04-12
UeHoLps cARNlV,IALs,
Judge Prince. Say. Law Opposing
Shows Uneonstitutionxf.' "t, :. {.

Judge frInes says Law foPPosm9
Shows Uneonstitutianar:'. .s.< !, :,
Judge George E. Prince in thu, court
of Common Pleas today DECLARED sthaS:
the law prohibiting rcarnivals in Greek.
willie and other specially named sopn :.
ties in the state is clearly. unconstJtn::
tonal, being in violation of section "a
of Article of the Constitution : of
South Carolina, says the Greenyi!ls.
Piedmont, Of Friday. The. ascistpI
was handed down after the hesrin
of lengthy arguments. bY Aatpfne3
James H. Price, representing; ghtts
Smith, owner OF Smith Showf.r aa6'
County Attorney E.. N. Blythe. a4G
which grew out Of the action .yesteI-..
day by Solicitor David, W. .sMoek I'D;
having, warrants issued for 1o6psopls
who are taking part In the operation.
of the carnival in West ;GreepMlle,:i,
While the case was being argNfd. on.
the civil side, Sheriff Rector veg max ),
ing Wholesale arrests at the carnival;
people. requiring bond Of: $500 from.
each person arrested. The: sheriff de-;
clared that he would not make e. bod (
lily arrest of each, one Of the persons,
named on: the Warrants, Abut would.
simply serve the papers at The carn!-,, ,,
val tent IN West Greenyille;: ahd: allow:
them to put, up bond without .appeay-;:
ing before the Masistrats. He added,
that Mr.. Smith; the owner Of the chow,
told him that, it had been arranged to.
put up bond. for eachione pf: the: pei.
formers and attachesio iof. the show:
Mr.. Price. representing the manaEe-,:
ment of the carnival. asked that the !,
court issue a temporary. rest htngI;
order against the sheriff. .@restraiplpEs
him: from interfering With the sha !;
of the carnival, pending, a suit ts9oy$spl.s, 4 \,
injunction. Upon this. mattsr1551adye
Prince declared, that whilsf hs:HSas
convinced that the law prohibtt ttiag; the
showing OF carnival in. this ..caIntyf;:: !:
was clearly unconstitutional. hs: NSaidiff
reserve, decision as. to whether %or:SpoE
he would ehjoin. the sheriff Until eoyh:
sci could; present authority tosohth
Carolina. courts. for such. restra9nt:..
Mr.. Price Immediately left. Ae Court
room to secure. the necessary bpoka.
and meanwhile the ease = 4 bs!Hs;hs,$f 81 ;E.slf
Followins the decision .isoiSt I.ags
Prince as to. the ,colsHtYh llts ae;;
the. law, solicitor Smsak, sstk I'd 4 sls
the court room, declared 'thaf ;:ss 49saS
people want: to come :iipfpat eaSi NE;
county and gamble ory tie 2hekst S
:tionality, Of our, lansisxtt sd HHkkS
them. ;R9t i ii lii jil fll
that is., unless the court tssasssh q Hh9:
date ordering US, not to thtstfsre With
carnival" He went on. W lays qlaf
they would, be :. reauirsd:st bat III:
bonds. aggregatipg ;50oo0i ttay 3 Z aan & J!
that Il they showed torpSttSN, .sth9y
would again be arrested and ssAduffBd,,
to put up bonds Of $4,000 ANd;. ID sH +
each day that they operated tHs ih6W
in, areenviile county. ~, ~. s.Is. .,
The complaint on which the, acttoat
was brought before, Judge Ptinssi Ead
brought in the name of Chill; ;spAta,
as plaintiff: asaipst Carlos, Rsstd D.
Sheriff and: defendant ana hsgs g 8
the court restrain the Bhetttt stEo6tnass.,
serving the warrants. tsstie& SsHhst
the defendant and others .S1pHpcted
with the Shows. It alle1ed tthat iths,
Act of February 9Th, ,lsif smshddby
the Act Of March nth 1919, Wfs llns
constitutional in that It wus Special
law, where general law c5hIdhaVs
been enacted. Mr.. Price arSl&; ;tAt
it was in the power Of he<eouft t9 fe!
strain The sheriff from enfarcing,a d
law that was clearly hstttutionals
County Attorney Blythe. ii aiswer.
ing Mr.. Prices argument, tt0htehdsd
that the law was not unconstttht htlp1ali
even If It was, that the eoufttihadne
power to restrain the sheriff froIp en4
forcing criminal law, and that the
plaintiff. had adequate remedy ,at, iass
which it was contended: by Afr* Frtca.
they had not. =: - ~ ;;-IIi,,
It is expected that fuEthsf saffga;+
ments will be heard THIS aftsrnoon31a
the question as to whethet-ur'; apt
there is authority in. SOUTH casal!fia.
cases for the court to resttatH the
sheriff. from enforcing ,cfihlihtai law;
and that the plaintiff had adsaaate
remedy at law, (which it was: :eShtshdea
by Mr., Price they had not Il Z t;;sT.;.
1t is expected that. ::.fuHheh hfgu:
ments will, be heard thfs. aftsFiooh on
the question as to whether pr not
there is authority In South. Caroline
cases for the court to restfaih. .StAS
sheriff from serving the warrants apd
interfering with the ;showihE'pfsl tiie
carnival, and that Judge Pthes ?vtH1
render. a decision on this duestion
sometime during the afternodn:r ,hh
injunction is granted, the shows VIM
be allowed to continue, 1t ID !sa4aH bitt.
should, the court refuse to efWiT1 1ths ,
sheriff from interfering With: the
shows, the Solicitor and ths%.shertH
declared that every legal sten would