Tisdale v. Scarborough
Supreme Court of South Carolina
Before SfasE, J„ Bishopville, December, 1913. Action by Edward B. Tisdale, B. B. Epps and Heath-Massey-Morrow Co., citizens and residents of Lee county, to enjoin Robert B. Scarborough and Hartwell G. Cross-well, claiming to be public cotton seed weighers at Bishop-ville, S. C., from interfering with the plaintiffs in the conduct of their business. From an order granting a permanent injunction, the defendants appeal.
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Before SfasE, J„ Bishopville, December, 1913. Action by Edward B. Tisdale, B. B. Epps and Heath-Massey-Morrow Co., citizens and residents of Lee county, to enjoin Robert B. Scarborough and Hartwell G. Cross-well, claiming to be public cotton seed weighers at Bishop-ville, S. C., from interfering with the plaintiffs in the conduct of their business. From an order granting a permanent injunction, the defendants appeal. The General Assembly, in 1912, passed an act entitled “An act to provide for weighers of cotton seed.” . 27 Stats. 700. This act created the office of public cotton seed weighers…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
The appeal involves only one issue, and thát of law.
That issue is, do the acts found in 27 Stats. 700, No. 401, and in 28 Stats. 37, No. 32, violate section 34, article III of the Constitution of 1895.
That section inter alia prohibits the General Assembly to enact special laws in cases where a general law can be made applicable.
The first act, in effect, undertook to prescribe how cotton seed should be sold in Chester, Lancaster and Orangeburg.
The second act undertook to exclude therefrom Orange-burg, and to add thereto Lee.
This appeal…
2Cases cited2 opinions
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