Russell v. Lyon

• Decision Date: 08 November 1911
• Citation: 72 S.E. 496,90 S.C. 5
• Parties: RUSSELL et al. v. LYON et al.
• Court: South Carolina Supreme Court

72 S.E. 496

90 S.C. 5

RUSSELL et al. v. LYON et al.

Supreme Court of South Carolina

November 8, 1911

"To be officially reported."

Original petition by L. H. Russell and others for injunction against R. L. Lyon and others. Injunction granted.

D. H Magill, for petitioners. E. S. F. Giles, for respondents.

JONES C.J.

This is a petition in the original jurisdiction of the court under which certain citizens and taxpayers of Greenwood county seek to enjoin the respondents Lyon and Hughes from holding and exercising the office of rural policemen of said county, and receiving the salary thereof, and to enjoin respondent Payne as treasurer of said county from paying Lyon and Hughes the said salary. Upon return to the rule to show cause the respondents demurred to the jurisdiction of the court, but subsequently the demurrer was withdrawn, and the cause was submitted to the court on its merits upon the following facts "Under the act of the Legislature of 1911 (page 194) the Governor commissioned J. B. Riley, L. C. Elledge, and R L. Golden, immediately upon the approval of the said act, rural policemen for Greenwood county upon the recommendation of D. H. Magill, Esq., one of the four members of the legislative delegation for Greenwood county, the other three members of the delegation not being notified, nor given an opportunity to make recommendations. J. B. Riley resigned 30 days after his appointment. The other two, L. C. Elledge and R. L. Golden, demanded the salary of the office, and, after refusal of payment, brought mandamus against the county officials to compel payment. See Elledge v. Wharton, 89 S.C. 113, 71 S.E. 657. Immediately after the decision of the Supreme Court in this case, the legislative delegation of Greenwood county was called together for the purpose of recommending to the Governor for appointment three suitable men for the position of rural policemen for Greenwood county under the terms of the said act. At said meeting the full delegation was present, and they selected by ballot of three votes each the following men as rural policemen: L. C. Elledge, R. T. Hughes, and R. L. Lyon, all electors and citizens of Greenwood county. Mr. D. H. Magill, one of the Greenwood county delegation, being present, but refused to vote. The names of the three men were submitted to the Governor for appointment, and he was requested to appoint them, but he refused to make any other appointments other than he had already made, and stated that he would not commission R. T. Hughes and R. L. Lyon, without giving any reason for such refusal. L. C. Elledge holds his office under his first commission. The three men, L. C. Elledge, R. T. Hughes, and R. L. Lyon, thus elected and recommended by three of the four members of the legislative delegation duly qualified as such rural policemen for Greenwood county, having done everything required by law to perfect their title to the said office...