The herald and news. (Newberry S.C.) 1903-1937, October 20, 1908, Page SIX, Image 6
LAURENS TO VOTE
ON THE DISPENSARY
SUPREME COURT REFUSES TO
FORBID ELECTION.
Sustains Demurrer of County Elec
tion Commissioners to Petition
for Injunction to Restrain
Them From Holding
the Election.
News and Courier.
Columbia. Oetober 17.-The su
pneme eW.rt today. after hearing ar
guments on both sides. refused the
injunction in the Laurens dispensary
case, sustaining the demurrer filed on
behalf of the county board of elee
tiOfl commiTs]sioner. The (ouirt in ef
feet holds that the petitioners have
adequate remedy at law, and the de
lision meant that if the election is
illegally held1 the Petitioneri'- t:l'i. a1!
te: the eleetion. conte : it onl The
ground of ilIe.rality.
T.here vere some nie poinYS re
'Kioi i) :s;.. 1 ' ;l i l ;"H: i' ':tlI
were thorough, but the court by sus
taining the demr:ucrer did not go into
the mai] cne' iis at isu('. For the
petitioners, J. W. Little. L. A. Arm
strong and M. L. Nash. members of
the board of control of Laurens. the
attorneys appearing were Messrs.
Cannon & Blackwell. of Laurens. and
Blease & Dominick. of Newberry. For
the respondents, the election commis
sioners of Laurens, Messrs. C. D.
Barksdale. A. C. Owings and Conway
Dial. the attorneys appearing were
Hon. R. A. Cooper and Col. J. W.
Ferguson, of Laurens. Messrs. C. C.
Weatherstone and W. R. Richey. of
Laurens, were also attorneys for the
respondents, but they were prevented
from appearing today by the death
of the Rev. Charlton Todd. of Lan
rens.
The petition, on which Chief .hs
tice Pope .granted the order to show
cause why an injunction against the
holding of an election in Laurens
should not be issued, has already
been published in full, and the main
point of today's hearing is contain
ed in the demurrer filed by the re
spondents, which is as follows:
"The respondents demur- to the
petition herein on the ground that
said petition fails to state such facts
as entitle the petritioners to the re
lief prayed for for the following
WHEN YO
$afety is the first consideration.
W.hat is safer than an investment
And what earns a better rate of i:
proved Newvberry realty?
I can sell you a home, a building
business .property .at terms to suit,
perties that are for sale in the city
Take for instance,
24. Lot adjoining Mr. W. F.' Ewa:
26 and 27. Two large lots on Mair
These are in a beautiful oak grove ar
an attractive home.
30. 114 acres land a mile and
limits."
.31. 119 acres land about two miles
:34. Lot with a three room house
^43. Teni room house on Nance str<
A c'onvenient place for a boarding
perty. Price only $2300.
44 and 45. Two splendid lots for
46. Four room cottage Caldwell
price of .$950.00.
54. Six room house and lot on Co
venmenees.
64. Large lot, part of the 0. L. Sel
prettiest lots in the city.
66. Plantation about one mile fr<
81. Plantation containing about 84
berry.
82. House and lot on Nance str
'83. About 100 -acres land known
miles from Silver Street.
85. 650 acres land near Mr. Bol
87. Five room house on Johnston<
$8. New seven room cottage on
electrie lights. This is in the bes
the cheapest property offered on th
91. Plantation containing 143
berry. Price $1400.
92. Eighir room house and lot oi
94. Plantation containing 135
This has a seven room residence oi
95. One three room eettage and
96. Four lots on Nance street, pa:
97. Four lots near Mr. Burn's an<
98. Seven room residence on Har
bo)ase, co,nvenienlt fo r boarders.
99. Lots on the new street leadlin;
-ne-w court~ hIouse. These are beaut
street and take a look at these lots
the chnrchas, shanls and hunesn.
reasons:
(a) That under the law the coun
-a ,t ! : : i' ye-I ci \VIi ll reritair
''~ :alifial el '!al l 1heirrn
1 i !' ; ; Iic i ilt' i 'j it iUl i waS iled
:1111 il1e lilmber <> qilalitle( t ee "'r
(ll tile j)lle 1it !1. and these responldent>
re-pect fully submint that when he has
s_ arted the determinatit i Teache.
by .him will not be interfered with
by this court in an equitable pro
ceeding upon an application for in.
junction. to which proceeding the
supervisor is not a party. And these
respioimts allele 1hat the supervis
or" for Laurens i1 a necessary party to
this proceeding.
- (h) Tiese respondents allgee that
the petition fails to state any facts
eniti g i b ie petitionecrs to the relief
which they seek in equity in that it
fails to show any peculiar damage or
i nj I to i henselves in their indivi
<ihel riuh,. l r tilerw ise, by" the hold
hd of an election. And these res
1 n,mi ahmitlthat if the aetion1
can he maintained at all if should he
br" uii I 11; thte name of the State.
ee(e") hese respondents s ubmnit
that the pltitionerls have a plain. ade
c a: :1!l c lil>lete rlemedv : a . I',
fo)1r t he redress of t heir supposed
Wrili.l, by Contest before the conllit
board of canvasers. appeal therefrom
to the State board, and by writ of
certiorari. And these respondent.
deny the jurisdiction of this court to
interfere, in equity, by injunction.
"(d) These respondents further al
lege that the petition fails to state a
cause of action, for the reason that it
does not show any irreparable injury
to the petitioners by the holding of
the election. which is sought to be
restrained. And further for the rea
son that the petitioners supposed in
jury may never materialize, for if in
the election the dispensary should be
retained, then no injury, in fact, will
result to them."
After the reading of the petition
by Mr. Cannon and the demurrer and
return by Mr. Cooper, and after ar
gument by Messrs. Cannon for th(
petitioners, Cooper and Ferguson foi
the respondents. and Blease for the
petitioners. the court took a recess
for ten minutes, and upon reconven
ing the chief justice read the opinior
of the court sustaining the demurrer
and dismissing the ease. The electior
on the dispensary in Laurens will ae
cordingly be held on November 3, the
'U IN VEST.
All other features are secondary.
in Newberry real estate'!
i terest, safety considered, than- .im
lot or a piece of centrally located
and I have some of the choicest pro
listed.
~t's. Price of this lot $650.00.
street, in front of Mr. Reighley 's.
d a residence here would make you
quarter outside of the incorporate
;from the citv.
close to the Mollohon Mfg. Co.
tet, one block from the public square.
hlouse. This part of the Hatton pro
cottages on sewer and water main.
and Hatton streets for the small
lege- street 'with all the modern con
umpert property. This .is one of the
mr Kinards.
acres abont six miles from New
~et with all the modern conveniences.
as the .Stephen Place, one and a half
Wallace and Mr. Jno. A. Davenport.
street.
Calhoun street with sewerage and
bresidence portion of the city and is
Sstreet.
Iacres land about ]36 miles from New
Boundary street. Price $3600.00.
acres land, 12 miles from Newberry.
it.
seven lots on Drayton street.
t of the Pope property. Right prices.
IMr. Timmerman 's, $330 to $500.
rington street. close to the new court
from the Presbyterian churchl to the
itul huilditng lot s. Walk through tihe
and see how convenienit they are to
J. A. BURTON,
Housef urn
SOMET
We have the larg
sortment, the greal
riety and the best
tion ever shown
store in the city o9
berry, South Carol
OUR STI
Watch us. There's go
fall. Competitors give it
Fto
From 5 cents to $1.00.
China and Crockery. All grades
Toys! 1
30 CASES JUST REC
Christmas is coming
Santa Claus will make
quarters at ANDE RSON
STORE with the greate
holiday goods ever die
one store: Doll, Drur
Watches, Wagons, Blocl
Magic Lanterns, Carrias
ANDERf
We want you to do 3
us Your BUSINESS wil
The Commur
NEWBERI
DIREC
0. B. Mayer'
P. C. Smith
L. W. Floyd .
Geo. W. Summer
Jno. .M. I
WHICH PAYS FOUR PER CE
I CATERS TO THE ?&
I AND IS PER
on's 10 C
ishings and KI
HING HERE FOI
est as=
:est va
selec
in one .a
F New
mna.
)CK COMPLETE IN EV
ing to be some sensational selli
up that we are doing the busin
China Ware, Crockery, Bowl and Pitche
Jars, Jardineres, Flower Pots, Tin Wa
vickle Plated Ware, Silver Ware, Knives
lass Ware, Lamps, Lamp Chimneys, W:
rays, Chair Seats, Water Buckets, St:ve
Baskets, Books, Bibles, Post Cards, Post C
;raph Albums, Pictures, Picture Frames
tationery, School Supplies, Toilet Soaps,
ains, Pillow Shams, Window Shades, Cur
aloth, Table Covers, Ribbons, Handkercl
aombs, Brushes, Jewelry, Beads, Vass:
,xtracts, Nut Megs, Matches, Crepe Pape
mnd thousands and thousands of other arti
o mention that ar e useful helps to housekt
We give a beautiful Picture with
thase or over. :
'oys!
EIVED.
and Old
his head
10Q CENT
st line of
played in
ns, Guns,
ks, Trains, l -
SON 10 CENTI
rour BANKING with
I be Appreciated and T
1Con dens
cl BaK.onZa7di
lY, S. C. Lash on hn
rORSCapitalistock.
Z. F. Wright Unpaid Divi<
W. H.HuntCashiers Che<
Geo S MowerBilPabe
A. 3. Gibson ( B
inard Deposits' jh
Your busi
lASSES JDDV
FECTLY SAFE
D CENTRALY LOCATED. I EDW. R. H]
I Vice-P
euts Store
chlen NecesIIe|s
R EVERYBODY
From floor to ceiling, on
counters and on tables
every where Goods! Goods!
Go o ds! Anything you
need in the Housefurnish
ing line. : : : : :
ERY DEPARTMENT
ng at Anderson's 10 Cents Store this
ess of the town in our line.
r, Chambers, Slop
re. Enamel Ware,
and Forks, Spoons,
sh Boards, Bread
Pans, Frying Pans,
ard Albums, Photo
Mirrors, Hosiery,
Towels, Lace Cur
ain Rods, Table Oil ..
iiefs, Collars, Ties,
dine, Machine Oil,
r, Paper Napkins,
cles too numerous
epers.
every $1.00 pur
From 10 cents to $1.00.
Enamel Ware of Every Kind.
Toys! Toys!
30 CASES JUST RECEIVED.
Horses, Does, Balls, Horns, Stoves,
Tea Sets, Doll .Sets, Monkeys,
IBears, Games, Books, Tops, R attles,
Pistols, Pianos, and we will tell you
more about it when he gets here.
Just remember Old Santa Claus
will be at our store with the most
toys you ever looked at.
~S COMPANY.
REPORT OF CONDITION OF
IE EXCHANGE BANK
of Newberry, S. C.,
ed from report of State Bank Exam:
iner September 11Ith, 19C8.
;counts............. .. ..............$214,655 05
............. .......... .......--.-. ---.3,.3..
fixtures..... ........... ..... ...--. 3696.62
and in Banks............... ........... 17,138-44
$238,633.29
LIABILIT IES:
expenses paid (earned) ......... ........ 9.7
ens..................-..-.-.-.-.-.---.---.
:ks.... ............ ...-.-.-.------.-- ---..
6,789.22
.................................95,00000
dividual..................... 74,882.02- 77,957.93
Iess is what we want. We pay 4 per cent on time deposits
\ORT, M. L SPEARMAN.
Piesdent. Cashier.
pp, W. B. WALLACE,
resident. Assistant Cashier.
GEO. B. CROMER, Attorney.