Opinion
15485
January 5, 1943.
In the Original Jurisdiction: December term, 1942. Temporary Injunction dissolved, Permanent Injunction refused, and Complaint dismissed. (See Arnold et al. v. City of Spartanburg et al., page 523, ante.) ( 23 S.E.2d 735.)
T.R. Davis, suing in behalf of himself and certain others in like situation, seeks to enjoin J.E. Smith, as Chief of Police of the City of Greenville, and those under him, from enforcing, or attempting to enforce, an ordinance of said City declaring it unlawful to sell wine or beer between the hours of midnight Saturday and midnight Sunday. A temporary injunction was granted by the Supreme Court, and the cause now comes on to be heard on a rule to show cause why the prayer of the complaint should not be granted.
Mr. C. Victor Pyle and Mr. C.S. Bowen, both of Greenville Counsel for Plaintiff, cite: As to Validity of Ordinance: 110 S.C. 36, 96 S.E., 545; 82 S.C. 284, 64 S.E., 151, 21 L.R.A. (N.S.), 1029; 2 Hill, 571; 188 S.C. 422, 199 S.E., 537; 92 S.C. 374, 75 S.E., 687, 49 L.R.A. (N.S.), 958; 21 S.C. 435; 116 N.C. 1059, 21 S.E., 690; 76 N.C. 33; 76 S.C. 128, 56 S.E., 651; 193 S.C. 390, 8 S.E.2d 905; 96 S.C. 5, 79 S.E., 642; 158 S.C. 90, 155 S.E., 277; 183 S.C. 337, 191 S.E., 76; 148 S.C. 229, 146 S.E., 12; 200 S.C. 127, 20 S.E.2d 645; 193 S.C. 25, 7 S.E.2d 635; 15 R.C.L., Sec. 172; 190 S.C. 92, 2 S.E.2d 392. As to Injunctive Relief: 134 S.C. 314, 132 S.E., 591, 46 A.L.R., 155.
Mr. B.A. Morgan, of Greenville, Counsel for Defendants, cites: As to force and effect of Municipal Ordinances: 11 S.C. 289; 159 S.C. 97, 156 S.E., 245; 179 S.C. 372, 184 S.E., 679. As to Ordinance as a Criminal Statute: 148 S.C. 347, 141 S.E., 610; 150 S.C. 277, 148 S.E., 66. As to Presumption of Validity: 172 S.C. 115, 173 S.E., 71. As to Ordinance being Discriminatory: 101 S.C. 391, 85 S.E., 963. As to Alcoholic Content of Beer and Wine: Acts of 1939, page 302, Acts of 1940, page 1818; 198 S.C. 507, 18 S.E.2d 376. As to purpose of Legislature in declaring Beer and Wine of certain Alcoholic Content to be Non-Intoxicating: 198 S.C. 507, 18 S.E.2d 376. As to Legislative Power of Municipality under Sec. 7233, Code of 1942: 58 S.C. 433; 101 S.C. 391, 85 S.E., 963. As to Conflict with State Law: 166 S.C. 169, 164 S.E., 144; Acts of 1942, page 1740. As to Test of Validity of an Ordinance: 172 S.C. 16, 172 S.E., 649; 193 S.C. 395, 8 S.E.2d 905. As to Validity under Police Power: 96 S.C. 442, 81 S.E., 153; 193 S.C. 260, 8 S.E.2d 339.
January 5, 1943. The opinion of the Court was delivered by
All of the issues involved in this case were raised in the case of H.R. Arnold et al. v. City of Spartanburg et al., 201 S.C. 523, 23 S.E.2d 735, and we are governed by the disposition which this Court has made in its opinion in that case which is being filed simultaneously with the opinion in this case.
For the reasons therein stated, the temporary injunction previously granted in this case is dissolved, the prayers for a permanent injunction are refused, and the complaint is dismissed.
MESSRS. ASSOCIATE JUSTICES BAKER, FISHBURNE, and STUKES, and CIRCUIT JUDGE G. DEWEY OXNER, ACTING ASSOCIATE JUSTICE, concur.