Historical Newspapers of South Carolina

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the signatures of the Commissioners subscribed to such certificate. 8th. Tha: the Chairman of the State Board of Canvassers did not forward addressed to the Governor and Secretary of State, by messenger, the returns, poll books and all papers appertaining to the election. 9th. That notice of the election was never published in any public newspaper or county newspaper in the county of Pickens by-authority of the proper Board of Election Com missioners as required by law. ioth. But that said election was held by the County Supervisor of Pickens county and his Clerk, they appointing the Managers of Election, and if the votes were ever counted and the election declared, it was done by the County Superviscr and his Clerk without warrant of law and not in accordance with the Constitution and Laws of this state as provided in Chapter 1o, Code of Laws of South Carolina, 1902, Volume i. page 97, regulating the manner of holding general and special elections which states, "All general or special elec tions held pursuant to the Constitu tion of the State shall be regulated and conducted according to the rules and principles and provisions 'herein _rescribed." ith. That your relator refused to take part in the said election or to vote on the grounds above mentioned. 12th. That the said election was not conducted as other special elections for the following reasons, (a) That the Managers of Election were not appointed by the Commissioners of Election for Pickens county. (b) That the return was not canvassed by the County Board of Canvassers of Pick ens county, nor the result of the elec tion declared, nor did the County Board of Canvassers keep any records or minutes of the returns or results. (c) That the Commissioners of Elec tion of Pickens county took no part in the said election in any manner, shape or form. (d) The said Board was not requested to appoint Mana gers of Election by the County Super visor, or to take charge of said elec tion in any manner whatever. (e) The Polls were opened at nine o'clock A. M., and closed at four o'clock P. M., when the Law requires that they be open at seven o'clock a. m. and kept open until four o'clock p. m. 13th. That the County Supervisor of Pickens county and his Clerk at tempted to appoint the Manage:o of the~ said special election and to de clare the result of the election, if it was ever declared at all, and if it was ever declared at all, your relator is not aware of it. 14th. That the result of the said special election was never declared or published as required by law. z5th. That the Supervisor of Reg-' istration did not furnish the Managers with the Registration books, nor did the County Supervisor or Supervisor of Registration file a list of the quali fied electors with such Managers. 16th. That no complaint of irregu larity or illegality in the said election was made .by your relator or anyone else because there was no one to make it to, as the Managers of the election that was held, were not legally ap pointed, and that no protest or con test was filed either with the .Mana gers or any one else because the elec tion was never legally declared nor the ballots legally counted. And furthermore that there was no one for your relator or any other citizen to legally protest or contest the elec tion before, as tie election was held in an unlawful manner by parties un authorized to hold the same. 17th. That the returns were not dated or sworn to, nor signed by the Managers of Election who attempted to hold the same. 18thl. That the result of said elec tion was not declared and published as required by law. Igth. That the County Board of Canvassers did not approve the return and certify the results, with the nec essary papers to the Secretary of State. neither did the Secretary of~ State certify and publish that the said 1 certificate and other papers had been filed in his office. 20th. That there are three thousand registered voters in the county of Pickens who are qualified voters, out of the said number of voters less than one thousand voted in the said elec- 1 nion, for the reason that they along with your relator did not desire to I take part in this unlawful election. 21st. That your petitioner has not to form a belief as to the other alle gati::s of the Reply, and therefore denies the same. For a further and additional reply, your relator alleges: 21 1-2 That persons were allowed to vote at this said special election who did not present their certificate of registration and their poll tax re ceipt, as required by law. " 22nd. That Section 7 of an Act en titled "An Act to Provide for the election of the state board of control, and to Further Regulate the Sale, Use, Consumption, Transportation and Disposition of Intoxicating and Alcoholic Liquors or Liquids in this State, and Prescribe Further Penal ties for Violation of the Dispnsary Laws, and to Police the Same," Ap proved March 6. 1896; and as amended by the General Assembly of South Carolina at the regular session of 1904 and approved the 25th day of Febru ary. 1904. is unconstitutional and void in that the said section of the said Act is in direct violation of the constitution inhibition contained in article 3 Sec. 34. Clausei1 of the Constitution of South Carolina of 1893. which is as follows. "In all other cases, where a general law can be made' applicable no special law can be executed." That the said secion 7 is an attempt on the part of the General Assembly to pass a special law to limit the operation of the "Dispensary Law" to certain spe cial localities, and the Act being de prived of its character as a general law becomes a special or local law. That the alleged election was attempt ed to be held under the provisions of the said Section, and is therefore i' legal and void. 23rd. That by virtue of the provis ions contained in Article 8, Section ii, Constitution of 1895, the General As sembly has the right to prohibit the manufacture and sale and retail of al coholic liquors or beverages within the state, and may license persons or corporations to manufacture, sell and retail alcoholic liquors or beverages within the state under such rules and restrictions as it deems proper, or may prohibit the manufacture and sale and retail of alcoholic liquors or beverages within the state under the exercise of its police power, and your petitioner avers and so charges that it cannot delegate this power to its citizens in special localities to be determined by their votes as to whether they shall be subject to the exercise of the said police power. That the said section of the act is an attept to delegate said power and is therefore uncon titutional, null and void. Wherefore, the relator, your peti tioner prays tahat the said return here n be dismissed and election be de :lared illegal null and void, and that :he prayer of your petitioner *be granted. J. S. Wilson, W. Boyd Evans, Att's for Relators. Personally appeared before me J. S. Wilson, relator herein, and makes >ath that the foregoing is true of his >wn knowledge, except so much as is stated on information and belief, and ts to that he believes it to be true. J. S. Wilson W\hen the pleadings had been read Thief Justice Pope stated that there sere at least two constitutional ques ons raised and that tihere were ques :ions of fact upon which there should e some testimony and he sug ested to the attorneys that he might -old after hearing their arguments hat it would be necessary to have some testimony, and therefore the at :orneys might be saved the labor of irgument by agreeing to submit the natter to a referee to take testimony. I'he weather was very hot to make irguments and to listen to them. Mr. Carey stated that his side was -eady to go on with the hearing and sas willing to admit practically every :hing that was charged in the reply md to show that even if what is :harged is true that it came too late. Mr. Justice Pope thought, however. 'hat there were nytters or facts in dis >ute and which were not admitted md upon which it was necessary to ake some testimony. Mr. Carey said that he was prepar d to showv that it makes no difference vhat the facts are now that the elec ion must stand and he would show it v decisions of our supreme court. Mr. Melton said that they were pre >ared to show that thcre had been no egal election. Chief Justice Pope said that he did o thi-k on judg should be called on to pass on these constitutional d questions as either side had the right c of appeal and it would be best to have the case heard by the full court. He thought an order of reference to take h testimony as to disputed matters would be the better plan and in a case of this kind the question should be I probed to the bottom not as a politi cal question but as purely legal and let the decision fall wherever it might. That the best plan was to grant an order of reference to take te.imony and let the whole matter be referred to the full court. There is no whiskey in Pickens now and it can't be sold there and no harm of a moral nature can come. He said he had no right to call the supreme together but there would 'have to be testimony and the : whole matter could come up before the supreme court in November. Mr. Pope said his mind was running in that way and indicated that that might be his decision even after hearing argument and he made the sugges tion to save the time of the lawyers. I Mr. Melton thereupon moved that a referee be appointed and that the matter be referred to him to take tes timony and report. Mr. Carey insisted that in his opin ion such a proceeding was .useless and that it seemed to him that the case would have to be heard before Judge Pope unless the other side abandoned their case and started anew. As to the constitutional ques tions they will have to be passed upon and the Chief Justice would have jur isdiction. Mr. Carey said that he had set forth in affidavits in their reply suc!h testimony as they would have if it went to a referee and that the reply of the respondent was simply an argument as to the appointment of managers, etc. The whole history of the case is set out in the papers and a referee could do no more. He said that they admitted that the ap pointment of the managers and the management of the election were all under the direction of the supervisor and that he was prepared to show by Justice Pope himself that the su pervisor had a right to do so. Mr. Carey said that he was ready to sihow that Justice Pope has held that the managers are the sole judges of the - qualification of voters. That after the election it was held too late to raise these collateral questions. Ac cording to his view everything vital to the question was stated in the pa pers and that he admitted there were irregularities.t Justice Pope said that it would be a long time before he would as a judge hold that fraud in election is a mere irregularity. Mr. Carey said that he admitted that fraud would annul an election b)ut that no fraud was charged in this :ase. Mr. Melton stated that they had stated facts in their reply showing fraud; that an illegal vote is not ir regularity. They stated that not one fourth of the qualified electors had signed the petitions and it matters not how the election was held that being a condition precedent to hold ing the election no legal election can be held without it. Justice Pope had his mind made up not to hear the case but to refer it to a referee so he granted the motion of ' Mr. Melton and asked who counsel would suggest as referee. In doing so he remarked, "If one-fourth of the qualified electors did not sign the pe tition it should be known." After conference the attorneys a.greed to suggest A. 3. Boggs, Esq., Clerk of Court, of Pickens county, as referee and the following order was passed. On hearing the petition for man amus and the return to the rule to sI ow cause and the reply thereto and, Bz appearing that certain facts are dis puted and constitutional questions raised and all the issues being such s should be heard hy the supreme c.urt and not a single justice thereof t is ordered: That the proceedings herein be re ferred to A. 3. Boggs, Esq., as special eferee to take such testimony as ither side may desire to offer on the; ssues of fact herein and report the' aid testimony to the supreme court with his conclusion of fact thereon and that said report be filed on or by me second Tuesday, in September ext, with the clerk of the supreme ourt, copies thereof to be furnished o counsel on both sides and that mat uesti)n is decided by the supreme Curt. Y. J. Pope. Chief Justice. Mr. Chief Justice Pope stated that e 1uld ask the suprene court to sit I September immediately after the 1ing of the report to hear this case, ut he could not say of course vhcther they would do so or not. 1 .HE NEW IDEA WOMAN'S MAGAZINE. August Number The Passing Of The Blouse. Noting the wayward tendencies of ashion in the New Idea Woman's Jagazine for August, Charlotte Mill vard says: "While the name of blouse' has been retained as a con enient term to designate a bodice >r shirt-waist not having a skirt of ike material, the garment itself is no onger as loosely fitted as formerly. Elhe exaggerated pouch is a discarded eature, and a strong tendency is as erting itself toward the draped or lart-fitted bodice. Last year the eparate blouse was a blouse, properly peaking, and the dart--fitted effects vere reserved for costumes. But )ame Fashion is a fickle jade, and mong the smartest blouse -models ire numbered several of these new lesigns. A novelty is certain to have .omething of a vogue, and as the :losely fitted bodice is dressier than mne of the loose order, t'he advancing eason is likely to find this style the ad for theater or restaurant waer. 3ut just as surely a fad they are cer ain to remain, in spite of the threat ;ned invasion of the high-busted cor et. Whether this last fact has any thing to do with it or not, the Louis Lnd Directoire coatee bodices are reatly admired, and the combination >f wide revers, flare cuffs and jaunty ittle peplums achieve some charming esults. Particularly when made of brilliantly flowered brocade or taffe as, and worn with a lace or plain :olored silk skirt, the coatees give that ld-picture look so sought after by ur devotees of fashion. In fact, quite number are exact copies of the bod ces depicted in the portraits of the >eriods mentioned." Season Tickets Via. C., N. & L. The Columbia, Newberry and Laur ns railroad offers Season Tickets to he following points, limited until )ctober 31st, 1905: Asheville, N. C. $7.05 Alexander 7.35 Arden 6&75 Biltmore 7.0o0 Brevard 7.90 Flat Rook 6.30 Fletchers 6.65 Hendersonville 6.4o Hot Springs 8.0o Murphy 11-30 Saluda 6.oo Swannanot 7.35 Tryon 5.6o Waynesville 7.80 Lake Waccamaw 9.30 Wrightsville II.70 Carolina Beach .5 Georgetown 8.30 Conway 10.10 Isle of Palms 7.90 F'OR BARGA FURNI HOUSEHOL KihIer, Dc NEW BER Sullivans Isin:3 7.90 Waterloo '.95 Cross Hill 1-95 Glenn Springs 4.45 Spartanburg 4.10 Greenville 4.05 Parties wishing to purchase tickets to points beyond Spartanburg will lease notify me before the trains are :ue, that I may arrange to have tick Dts ready on their arrival. For schedules or further informa tion phone or write, T. W. Denning, Agent. Dr. R. M. Kennedy, DENTIST. Newberry, - - S. C. OVER NATIONAL BANK. Best Mineral As phalt Roofing. C. H. CANNON, Near C.. N. & L. Depot Just received 2 car loads' of Buggies. I car load of Wagons. and a lot of up to-date and first class Harness. All to be had at REASONABLE PRICES at A T. BROWN. W ORK BY A ROE ENISE Newberry Steam* Laundry Co INS TUR E .D GOODS RY. S. C.