The Union times. [volume] (Union, S.C.) 1894-1918, September 08, 1905, Image 5

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We Are After You With the Biggest, Best and Cheapest line of FURNITURE in the city of Union. T * we nave just received FIVE CAR LOADS of new, up-to-date Furniture, bought in the 0 right markets . . AT THE RIGHT PRICES Our purchasing power enables us to get values which cannot be excell= ed in Union county . . WE WANT YOUR BUSINESS. Remember we now have the greatest line of Furniture that has a ever in all our business life been on our floors For the finest suit of Furniture ever shown by any house in the city of Union, call and see it. Yours For Business, fl. W. Bobo. 1 ARRIVALS AND DEPARTURES! Miss Bernard McWhirter, of | Jonosville, visited relatives and Or tke Double Daily Passenger Trains, friends in the city last week. Union, S. C. Sidney (Joss left Wednesday for Train going North 9:00 a. 111. Clcmson college where he will enter 44 44 South 11:35 a. m. college for the following term. 44 44 North 2:35 p. tn. 44 44 South 8:53 p. m. Mr. Lewis W. Perrin, of AbheTlieae trains only muke a few min- ^dle, spent a few days at the home utes stop at Union, so that the hours of Mr. G. C. Perrin last week, of arrival are practically the hours of departure. Any change in this sched- Dr. H. L. reliefs, who has been ule will be published in Thk Timks for visiting relatives and friends in the benefit of the public generally. Greenwood, has returned to the city. Local News Notes Mr. W. H. Gilrcnth has resigned his position at the Rice Drug Co. Points Personal and Otherwise and returned to his home at GrcenPicked up and Paragraphed villc' by Our Pencil-Pusher. | Misses Pearl and Maud Goforth arc visiting relatives and friends in Mr. B. F. Alston spent Sunday Spartanburg and York counties thisin the mountains. week. Mr. Alfred T. Willis is now with Mr. Herndon Sharpe and Brunsthe Rice Drug Co. wick Sharpe, of New Orleans, arc ,* . . . ... visiting the family of Mr. W. E, Mr. bpencer Perrin is visiting r.? relatives in Spartanburg. .. , . Attorneys W. Boyd Evans and Mr. RionMcKiasiek has been in UwBon p. Melton, of Columbia, the mountains for several days. were in the city Monday on profesMr. J. W. Vineent has accented sional business. a position with the Octzel Hardware Misses Blanch and Catherine Thomson gave a delightful little Mr. B. W. Sexton, of Darling- d"ncc Wednesday night at theii ton, is visiting his parents in the home, Herndon Tciracc. Mr. Lafar Lipscomh, who ha* Miss Lydia Hodgers, of Charles- l>een engaged in the survey of the ton, is visiting Mrs. A. G. Ward- U. and G. S. railroad route and the law. ^ electric power line from Neal Shoal* for the past few months, returnee Mr. J. II. Spears is adding two to his home ih Gaffney last Satur rooms to his dwelling on South day. street. Marrieel, on the 27th August Mjijs Bessie Long spent Sunday 1905, at Rehoboth church, Nortl . with her parents Mr. and Mrs. J. Pacolet, John O. Tate and Mrs G. Long. Francis pifapn, IJey. L. Jt. Gainei Dr. H. K. Smith and son Harold, olHciating. Many friends wcr. loft Sunday for a trip to Now York PrTnt ""d co"grat"latlolla wc" and other pointo. profuse. Mrs. Watson, of Itidgaway. is . I)r. J. M. Farr and wife returnc. spending a while with her daughter ^ko .Clty' Florl<1"' Monday Mrs. J. W. Mixon. Dr. Farr is now vice president o the Florida Stato University ant Stanyarne Wilson, Esq., of Spar- business connected with the insti tanburg, was in the city Monday *ute J1 ? !lim <rar l.er '10 on professional business. ginning 01 tno sciiooi exercises. %r u u t> i fn ii Robert Ray Humphries and J i* ? r?' i Brownloe, of I onalds, Qjenn Osbom made application am 8 C.. has accepted a position with Btuo(1 tho entrance n'nd beneficiar; tho I nion Drug Co. scholarship examination for th Misses I/ouisc and Sydney Gage 0itadcl ln8,t Th? canc; aro spending a few days with Miss ??,u^ oy .! t^ra f houi&o Browning in Sedalia. Mr' Smith. Union count; is entitled to one; UNION'S DISPEIS By Battle of Ballo Legal CASE HEARD House Crowded With Eog Lawyers Make (j New Moti< The ease of C. Burnett, plaintiff, against R. M. Fincher, Elzic Kelly, W. D. Wilkins, members county board of control, G. C. May, J. G. Howell and J. R. Askew, county dispensers, with the names of T. .T. Betcnbaugh, Joseph Sanders and E. C. Howze as new defendants made parties by petition, the return to rule issued by his Honor Judge I). A. Townsend, to show cause before him Monday, Sept. 4th, 1905, was heard at 11 o'clock on that day. \V. Boyd Evans and T^awson D. Melton attorneys for the plaintiffs, J. G. Hughes attorney for the county board of control and the county dispensers, defendants. Attorneys Stanyarne Wilson, B. F. Townsend and J. A. Sawyer represented the co-defendants Betcnbaugh, Sanders and Howze. The reading of the complaint was dispensed with as the Judge and the parties before the court were familiar with the allegations and relief sought. Mr. B. F. Townsend then arose to read the return of the co-defendants who had subsequent to the tiling of the original complaint been made parties defendant by petition. Mr. Melton objected upon the ground that the plaintiff had no notice of the pro- ] I i i i * cccuing wnicn made them parties 1 or of their return. Mr. Wilson re- 1 plied that the law did not require these defendants to serve any such i notice upon the plaintiff in a ease < of this kind. Mr. Melton withdrew j his objection and Mr. Townscnd 1 then proceeded to read the petition 1 of Bctenbaugh, Sanders and Howzc 1 praying to be made parties, also the 1 order granting the prayer. He 1 then read the return of these de* < fendants to the rule to show causo, I which return contained substantial- i 4V? ? IuvUj uiivl ulligdtiOnB COll" I tained in the petition, upon which ] they had been made parties. This 1 return was supported by affidavits 1 in proof of the fact that one-fourth i of the qualified voters of the county ' as appeared upon the registration 1 books had signed the petition pre- i sented to the county supervisor ask- i ing for an election upon the qucs- 1 tion of dispensary or no dispensary, also affidavits of prominent citizens of each township verifying the correctness of the corrected registration lists. This was necessary owing to the fact that the registration books contained names of many who had < died and of those who had long since ceased to be residents of Union county, and another fact made it 1 necessary that those lists lx^ gone over by men who knew the men of each township and of their resi <iemy, was mat sonic names appeared upon the petition handed to the supervisor different from the way they appeared upon the registration books. For instance Joe . Smith was on petition and J. M. . Smith on the registration l>ooks, although one and the same man. Mr. J. F. Caudle, Revs. J. K. Hair, J). M. McLeod, L. M. Rice, F. H. ' Poeton all joined in an affidavit as > to the correctness of the Union town ship list of qualified registered voters and of the fact that the said petition contained more than onefourth of the qualified voters of the county according to the registration books. That the registration l>ooks only contained 1840 names, a fourth i of this number is 4(H), the petition ) had after crossing out such names ) as they did not find upon the cori rected registration lists 404 names I of qualified voters, thus giving an - excess over one-fourth of thirty-four names. This was a strong point in denial and rebuttal of the allcga' tion in the complaint that there 1 was not upon said petition one fourth <>J the implex of the aUHluUul 4 voters of the county. Affidavits in ' rebuttul and denial of those affidavits L> attached to the complaint with reference to certain names being on the j petition without authority. That of A. B. Burgess, the affidavits of James f G- Long. Arthur Long. Samuel Black. 1 Samuel Gregory, J. G. Gallman all . say that they were present in the _ store of J. G. Long and heard A. B. Burgess tell J. G. Jx>ng to sign his (A. B. Burgess) name to the petition, that A, B. Burgess saw J. 1 G. Long when he signed his name Y to tho potition, yet A. B. Burgess o made affidavit that he had not / signed said petition and had not f authorized any one to do so for him. The names of J. B. and J. F. Wil!' banks had bean put on the petition ISAMES CLOSED ts and a Brilliant Tight. ON MONDAY. er, Enthusiastic Citizens, iood Arguments, on Made. by their brother, but as their nanict did not appear upon the registration or tax lw)oks, their names were stricken from the petition as were other names under KimiW tions. The allegations of fraud and misconduct in the election in that there were some allowed to vote who had no right to vote and some denied the right to vote who were qualified, were unsupported by any affidavits or oral testimony, therefore the defense had nothing to reply on that charge. After Mr. Townscnd had finished reading the return and attached affidavits, J. Gordon Hughes, Esq., read the returns of the county board of control and county dispensers. This return or answer admitted every material allegation in the complaint, and attacked the constitutionality of the' Briee bill where said bill deprived any county in the State in which there was no dispensary of her proportionate share oj the money arising from the profits of the sale of whiskey, to make up the defici...1 1 " 1 snv.j, wjiwv iu?? limit inree dollars per capita of the school children in jach district was raised by the constitutional school tax of :? mills, rhis concluded the reading of the papers and both sides having so announced the court called for arguments. Mr. Melton then in the form of i preliminary motion asked the court to discontinue this hearing md to appoint a referee to take testimony upon all the facts connected with the case, in support of the allegations of the conjplaint, saying that it was not posiblefor the plaintiff to get all the facts in the form nf affidavits, that the affidavits now liefore the court were not sufficient Linon which a. lopnl, and, correct decision could l>e made. He cited the Pickens case, in which Chief Justice Pitpo declined to hear the case upon the affidavits and had appointed a referee to take testimony. Judge Townsond declined at this stage of the proceedings to pass upon the motion, but decided to hear the arguments upon the returns then before the court in obedience to his rule to show cause Mr. Wilson asked Mr. Melton for the legal points and authorities upon which he expected to rely. Mr. Melton said he would urge at this time the consideration of the Court only one ground of unconstitutionality that was the time of holding the election, quoting the provisions of the constitution and the statute fixing the day and date of holding elections, that the law under which the supervisor had ordered the election upon the question of dispensary or no dispensary fixed no day for holding elections. That the supervisor under the act of the general assembly which did fix a day, had no right to fix any other day, that therefore the election was null and void, as it was held in violation of the constitution and the general election law. That it was a technical violation even though the manner of holding and declaring the result was in conformance with the general election law. Mr. Melton urged and argued this point with great vigor and earnestness, he was however more eager to have the whole matter referred to a referee. Mr. Sawyer then made an argument upon the principle facts established and proved beyond doubt by the defendants Betenbaugh, Sanders and Howze. He also quoted some law in support of his position upon the election being legal. He made a matchless argument in support oi the facts of the law, and carrying out the wishes of the people ;W ci$' 8rp,StH\l (?/ Ihepi in their vote or io?l5th of August, 1905. lit; was followed by Mr. Stanyarne Wilson who began l>y saying that Mr. Saw yer had so thorougldy covered tin ground of their defense, had lef him but little margin. However, Mr. Wilson seomcd to find plenty upon which to elaborate, lie re viewed Jhe testimony closely, am showed by the undisputed facta that the petition asking for an elec tion, the conduct and conformance to the law in holding the electioi had been fully carried out in ever particular, in reply to the allega tions of a technical or irregularity in elections he quoted from the En cyclopedia of law in which ease were cited where it had l>cen re poatcdly held that mere technieali ties ^nvi irregularities in an clputiui BHHHHHHHieH ENT OF THE RESOURCES OF M k of Union, S. C., ? rowth for Four Years, ust 21st, 1905. w 102 iUG,S7G.50 ^ >3 $232,402.07 ? 1902 $55,555.57 ? 04 $271,694.53 I 902 $ 124,515.03 8 5 $329,135.561 *.$132,312,061 ?> I 1 ? | |? ? w 4MMlMwaki I MMS??''PSM?SB9 fcn COMPARATIVE STATEM j. 1 The Peoples Ban jjBEj Showing Relative G Ending Aug ^ August 20, IS $? August 20, I9( ?? Increase over If August 20, 19i 1 Increase over 1( : | Aug. 21, 190: 1 Increase 3 Yn I THE PEOP B. F. ARTHI mmwmmmw?? {IT'S LP I TO YOL ? In buying goods to e:et all o f* The question of where shall cided after examining the st learning their price. WHY Reason 1. They are car J both in freight and price. J Reason 2. They do a gi w selves and effect a saving th, profit. Reason 3. The volume < that they can afford to make 1. Our last and best reason JT willing to live and let live. W salespeople. We'd be glad You are welcome whether y< ?L Yours Fot % TURNER & 4. I New Furni Hsfig llfn A i IVY C AKC I NEW GOODS Come and inspect our s give you prices on Furni interest to get our prices 1 We have a good i Summer Goods. Let us do your Repair W( will try and please you ir have a nice line of Pictun our prices on Picture Frar We Will App Burris Watch I would not vitiate or make null and ! ?.i ?a.; -? 1 iii vum uit eieuuon, unless u couki DC shown that these technicalities and | irregularities changed the result of , he election, that although the coni, plaint had alleged such, they had t produced absolutely no proof on, thlu , point. He also quoted decision [ of the supremo >.ourt of this State, : ip whiC'h'tho court reeogniml the . light of flic people to hold such t elections although in this case the . court had not hecn called upon to t I decide any constitutional question . of the Brice bill. Mr. Wilson made } a brilliant and masterly argument ^1 and was touching in his language i about the effort being made to | thwart the wishes of the people by _! carrying this case into court. He I ' was cheered by the audience, so I much so, that the judge had to ' * command silence. A very strong 01 case was made out. Mr. Melton j! replied, hut only to urge the apP pointment of a mferec. .fudge Townscnd took all of the papers in Y the case, saying that he would render his decision as early as posA ' Bible. THE DECISION. *| At 11 o'clock TuesJay Judge >LES BANK,! UR, President. ^ ut of your money you can. 2 I buy will be more easily de- ? ock of Turner & May field and load buyers, thereby saving ^ eat deal of their work them- 2 at enables them to sell on less * 3f business they do is such prices that can't be beat. is that we are just simply 2 Our customers are our best 2 to have you give us a call. ^ >u buy anything or not. J# * Business, 2 , MAYFIELD 3 lure Store! | DECEIVING M EVERY DAY. if took, we will be glad to M tuie. It will be to your H before buying elsewhere. jjjj iiany Bargains in H Call and see them. H )rk and Upholstering. We If i every respect. We also H 5 Moulding on hand. Get pf reciate a Call. Hj 5* Milling. 1 Us Grow. H immMimmmmsiM I). A. Townsend tiled his decree in the olliee of the. clerk of the court as follows: State of South Carolina, > Court Cone County of Union. ) nion Pleas, O. Harnett, Plaintiff, vs. K. M. Kineher, Hl/.ie Kelly, and W. !>. Wilkins, County Board of Control; (}. C. May, J. (I. Howell and J. H. Askew, County Dispensers of Union County ; T. J. Hetenbangh, 10. C. Howze. and Joseph Sunders, Defendants. This notion was originally commenced by C. Harnett against li. C. May, J.C*. Ilowell and J. It. Askew as County Dispensers, and also against the County Hoard of Control, as named in the title of case above written, for 1 the purposo of restraining the said I Defendants from closing the Union t County Dispensaries, and for the | further purpose of declaring the clec, tion held on 15th August, 1905, for "Dispensary" or "No Dispensary" un' constitutional, illegal and void. On ! 22nd August, 1005, I issued a rule t againt said Defendants requiring them to show cause before me on 4th September, 1905, why they should not be 1 perpetually enjoined from closing said i Dispensaries as a result of said election 1 j held on 15th day of August, 1005, and I in the meantime I restrained said Defendants from so doing. Afterwards T. J. Detenbaugh, E. I!, llow/.e and Joseph Sanders presented a petition to I me asking on certain statements thero;' (.Continued on 7th page.) v k.? ?. \ 1