Historical Newspapers of South Carolina

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In i I I\. r f I z^tOl rj VjlIVI . SA And Wi * v This is g< ^ dise that ha : % still we hav< 1 JL _ men, too, v have alread; and avail y< Newberry, S t ' ?????? I > XEAR-BEER ISSUE TO BE FOttiHT UlT HEltli * (CONTINUED FROM PAGE 1). whether or not it would be a violation of any ordinance of the city of Newberry to sell the same. 4. That although the non-intoxicat ing beverages presented to tne mayor and those which the plaintiff wishes ^ ^ to sell do not contain a sufficient amount of alcohol to intoxicate if ^ drunk to excess and is harmless and a healthful beverage, lie was notified * by the mayor that if he engaged in the sale of the aforesaid beverages that ha would be fined or imprisoned v should he engage in the sale of the * - ~ i .-U same; mat tne mayor caueu into ima conference the chief of police of the said city and instructed him in the presence of the plaintiff to arrest the plaintiff should he engage in the sate of beverages which plaintiff had presented to said mayor, and should he ^ persist in the sale of the same to make out cases against him for every sale and to seize the said goods. 5. That plaintiff is informed and believes that the opinion of the city ? ** rv^rr /\f f V?o t if 1C QOTQinCt 211 tor LLC J UI S^CUU V/itj V/JUUV AV AW u^uiuwv the law and ordinance of the city of Newberry to sell any drink containing any alcohol whatsoever and, acting > upon that opinion and that advice, the defendant city of Newberry, through, its properly constituted officers have instructed the police force to arrest * * and bring before the mayor for trial any and all parties offering for sale within the incorporate limits of the city of Newberry, any drink containing apy per cent, of alcohol whatsoever, and to continue to prosecute any person for any sale he may make thereof. Plaintiff alleges, upon infor mation and belief, that he has a right to sell "Near Beer," or any other bev% * erage .not containing a sufficient amount of alcohol to intoxicate when drunk to excess, just as he has the right to sell soda water and other soft drinks; that the said beverage is harmless and is a healthful drink; that if there is any ordinance in the city of Newberry which makes such a sale a criminal offense, it is null and void, since it is in violation of and inconsistent with the statute law of * the State of South Carolina; that to -1 ~ ? fn!linor ooi/1 /?T"ir>Vc prevfiit una tiuui ?emu? v.* and beverages (not intoxicating if drunk to excess, but containing some alcohol )\ is to deprive him of his \ i ?? " ? w i m i. Av EAT TU R ill Continue nine tn hp tKft s ever been hel g a large stock < ve musi mane i y purchased, so ] >urself of this vs C. R H ?? M10 MM I I property rights and to prohibit the traffic in a legitimate article of commerce, so recognized by the law of the State, which right is granted to every citizen under the constitutions I of the State and of the United States of America; because the ordinance is contrary to and in conflict with the act of 1909, known as the dispensary law, and also in violation of Section 11, Article S of the constitution of South Carolina, because the ordinance is unconstitutional and conflicts with Che laws of the State, in that it seeks to confiscate and seize the property of a citizen without any authority of law, delegated or otherwise. 5 a. As a further hasis for this action and as a further ground for testinf +Viq iraliHitv nf unv nrdinfliiro nf the city of Newberry which makes the | sale of any beverage containing any alcohol a criminal offense, plaintiff alleges upon information and belief, that such ordinance is in excess of the police or other power of the said rtitxr Vowherrv* t.Kasf it lc not. rip.f>ps sary for health, peace, order or good government of the said city, that it is unreasonable, that it is not in harmony with, but is repugnant to the statute law. and the declared public policy of the State of South Carolina governing the manufacture, sal<5, ete., of liauors containing alcohol. 6. That by reason of the premises set forth in paragraphs three and four herein, plaintiff is prevented from asserting and preserving his legal rights, would be harassed by a multiplicity of prosecutions and accumulation r?f fiii??s s>nrl imnricnnmont should he undertake to engage in the business heretofore set forth; that irreparable injury is being done him by reason of the prohibition of and interference with! plaintiff's business, loss of use of his place of business, loss of employment in said business upon which he is dependent. 7. Plaintiff allegesi upon information and belief that he has no adequate remedy at law for the assertion and | preservation of his legal rights except by injunction. WHEREFORE, nlaintiff nravs iuds ment against the defendants, City of Newberry, J. J. Langford, Mayor, and W. H. Lominick, Chief of Police, their agents and servants: First, that the said defendants, their agents and servants be enjoined from interfering with the plaintiff in the sale of any beverage which, being ' I -I =S T A DA i For 15 E greatest 15 da> i in Newberry. r> n 1 >r Summer good room for our bii 4 jrou see the good 1 k l?i/\ /vivrin/v /WM^A iiuc giving Tanderso drunk to excess will not intoxicate, % the sale of which is not in any other respect illegal, and that said defendants be enjoined from prosecuting him on account of said sale. Second, for such other and further oe fhck r>rmr+ cppmo inct and 1^X1^1. a.?J OV/ Cll ^ WV?>^V ? proper. x Gwynn & Hannon, Plaintiff's Attorneys. June 25, 1?12. STATE OF SOUTH CAROLINA, pnTIYTV OF \'RWRFT?RY Personally comes before me J. B. Gwynn, a notary public duly commissioned, J. T. Lawson, who being duly sworn says: That all of the allegations of the foregoing complaint are true of his own knowledge, except those therein alleged upon information and belief, and as to such he believes them to be true. ' .. - J Sworn to before me this 25tb day of June, 1912. J. T. Lawson. J. B. Gwynn, (Seal). Notary Public for S. C. STATE OF SOUTH CAROLINA, COUNTY OF NEWBERRY. Personally appears, J. T. Lawson, who, after being duly sworn, says, that he !s the plaintiff in the above entitled action, which has been commenced by service of a copy of the summons and complaint hereto annexed, which" is made a part of this affidavit. Deponent further alleges that he has never been charged with violatonw loir n-r nrrl i i\ 1100 TolistlVn t A I 113 CLLiy ICt>> Vi v/l UiUUwvv t vmu >V w the sale of intoxicating liquors and beverages. That no answer demurrer or notice of appearance has been served upon him in abo,re suit Sworn to before ;n'} th's ?5th dav of June, 1912. I. T Lawson. J. B. Gwynn, (Seal). N. P. for S. O. STATE OF SOUTH CAROLINA, COUNTY OF NE-Vi-JKRUYPersonally appears G. A. SheaJy. who, after being duly sworn, says, that he has knoWn the plaints J. T. I.awson for three years, that he is a man of good moral character and standing, that he has never known the plaintiff to be engaged in any illegal business and that he believes him to be a man wihlo wishes at all times to respect the tews. G. A. Shealy. Sworn to before me this 25th day I Will I Mini llll Mill III III mill III III imillllHillBi SUN AIN-U k i a= )ays fJ 1 r Mid-Summer S WVIIIA FiiisinA! ? V A1A1V s which we do i Ef stock of Fall a Is must be sold r rtunity. N & COm BBHBHHnHnSHBH J of June, 1912. J. C. Sample, (Seal). Magistrate Newberry S. C. STATE OF SOUTH CAROLINA. COUNTY OF NEWBERRY. IN CIRCUIT COURT. J. L. Lawson, Plaintiff, vs. City of Newberry, J. J. Langford, ^Jayor, W. H. Lominick, Chief of Police, Defendants. This matter comes before me at .. ... cnamoers upon tne ex parte motion of G-wynn & Hannon for an order of injunction pendente lite upon reading the affidavit of the plaintiff, J. T. Lawson, and the summons and verified complaint in above action, which has been made a part of the said affidavit, / it is hereby ordered that the defendants, said City of Newberry, J. J. Langford, Mayor, and W. H. Lominick, Chief of Police, their agents and servants, do show cause before me at Laurens, S. C., on the 8th day of July, 1912, at 11 o'clock in the forenoon, why an injunction pendente lite should not be issued. It is further ordered that the ^bove named de fendants, their agent* and servants, in the meantiihe be enjoined and restrained from interfering with the plaintiff in the sale of soft drinks and beverages containing alcohol which will not intoxicate if drunk to excess, and from prosecuting the plaintiff on arpnnnt nf the sale of samp until the ! further order of this court or a judge thereof. Frank B. Gary, Judge of Eighth Circuit. ! June 25th, 1912. At Chambers, Greenwood, S. C. STATE OF SOUTH CAROLINA, - JI COUNTY OF NEWBERRY. COURT OF COMMON PLEAS. J. T. Lawscn, Plaints, i Against City of Newberry, J. J. Langford, Mayor, W. H. Lominick, Chief of Police, Defendant TO THE ABOVE NAMED, City of Newberry, J. J. Langford, Mayro; W. H. Lominlck, Chief of Police, Defendants in this action: YOU ARE HEREBY SUMMONED and required to answer the complaint | I in this action, a copy of which is herewith served upon you and to serve a copy of your answer to the said complaint on the subscriber at our office at City of Spartanburg, S. C., within twenty days after the service hereof, exclusive of tie day of such service, and if you fail to answer the com - .. ' ..... . , ... < .. . W ?% jr%. [D C A 'A JllLi ale of seasoiiabi ss has been go< lot want to carr nd Winter good egardless of cos [f|Y Greer plaint within the time aforesaid, the plaintiff in this action will apply to the court for the relief demanded in the complaint Gwyiin & Jtiannon, Plaintiff's Attorneys. Anderson's In Their Ne -A 1206 Ma Next to Savi We have a comp] Crockery, Tinwar amelware,Stationei Post Cards, etc., < 10c values in Enamelware, Shipment Ice Tea Glasses, I - m m m At the old stand we are adding a lii Notions, Shoes, Ha display now. Lar: Muselin Underwe* at our old stand. i l 9 Andersons - ? ki j OA LV e merchan)d with us, 1 v over, and s which we t. Be wise ?. I F ??????? iwood, S. C. ; ^ Put Your >ame on Club RoIL All who want their names on the O'Neall Democratic club roll will please come to see me or P. ?W. Sheeley. You may want to vote, so "v don't delay. G. S. Moore. 1 A _ Pi ... I iuc Diore V w Quarters T * in Street ' y" ings Bank. ?? lete line of China, e,Hardware, En ry, Notions, Candy, - V; ;tc. special - 25c. Colonial Style, set 60c. ' of the 10c Store le of Dry Goods, ts, Shirts, etc., on ge assortment of ir. See the line > i 10c Store * .