Article Text
Highway Department Appeals Baker Case to Higher Court Checks on Closed Bank For License Plates Are Center of Fight The state highway department appealed to the South Carolina supreme court last week from restraining order which allows D. Gordon Baker of Florence to operate his two cars under 1931 licenses without interference. Closing of the Peoples State Bank last December 31 after Mr. Baker. prominent Florence attorney, had forwarded the state highway department two cashier's checks on the Peoples State Bank for 1932 licenses brought on the litigation. Mr. Baker obtained the restraining order from Judge R. W. Sharkey in the Florence county court last January 16. Judge Sharkey issued an order February over ruling a demurrer of the highway department and refusing its motion to dismiss the restraining order Several hundred South Carolina motorists who also had checks on the Peoples State bank suspended before they could be accepted in payment for 1932 licenses are watching the outcome of the appeal with interest. J. B. Westbrook, clerk of the supreme court, docketed the case following the filing of transcript of the record Friday. Mr. Westbrook said It probably will be heard at the June term of court. Authority Questioned. Authority of the courts to exercise jurisdiction in the when no statute allows an individual to sue the state highway department is one of five questions raised by the appeal. Counsel for the highway department contends that the department is in effect the state itself, and that special statute is necessary before suit can be brought against the state. The five questions laid before the court in the appeal are: "Whether or not the court had jurisdiction to entertain the action, there being no statute permitting suit of this kind. 'Whether or not the court had authority to issue an order of injunction restraining the defendant. its officers. agents and employes from arresting and proescuting the plaintiff in the operation of his automobile under 1931 licenses. "Whether or not the acceptance by the defendant of cashier's checks from the plaintiff. which were never realized upon in money. constituted payment of automobile license fees. "Whether or not the acceptance of cashier's checks for licenses by the defendant's officers and agents, which were never cashed. constituted payment as would be binding upon the defendant. "Whether or not the plaintiff had an adequate remedy at law as would preclude him from injunctory relief." Demurrer Overruled. The appeal taken primarily from Judge Sharkey's order of February 9. In this order. he overruled the demurrer based upon grounds that no authorizes the suit and that the highway department instead of cashing the checks returned them to Mr. Baker for his use and benefit. Mr. Baker alleged that he was entitled to receive 1932 license plates from the highway department because he purchased and sent checks in the correct amount for payment. The highway department's application blank directed that cashier's checks, certified checks money orders be forwarded instead of cash, he claims. Attorney General John M. Daniel represents the highway department with Cordie Page and Ivey Humphrey, assistant attorney generals, and L. M. Cantrel, highway department lawyer. G. Badger Baker and Sam J. Royal, Florence attorneys, represent Mr. Baker.
