The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1897-05-14
STRUCK BY THE LAW
HALL CASE WON BY
WESLEY. ..-...r- -
The Highest Court Giyes him Possession. OF
Dispe.ssaF Tull.ling After Long
litigation Cost to tho State.

c~LiIgatlon-Costt to tho State.
- Washington, May 11.--The Unit
ed States supreme court has affirm
cd the decision Of tho circuit court
for the circuit of South Caralina in
the agricultural. Hall'' case, involv,
ing the title to the Agricultural hall
in Columbia, S. G. Edward b. Yves
ley of Now York bought tho proper.
ty of the commissioners Of tho State
sinking fund, but there woro alleged
irregularities in tho purchase and he
broughtsuit againstJ. e. Tindal, the
secretary of state, and j. r. Boylos,
who had been employed by tho sec
rotary Of state to guard tho property,
to secure possession. Tindal and
Boyles, in tho lower courts, con-
tended that thoy wcro nero custQde
ians Of the property and1stifat tho
State should be sued, but in the
y!aweF court tho possession of tho
property was given to Wesley. This
Judgment was affirmed by tho ST.
preme court in an opinion by Justice
Harlan, who held that tho State was
not necessarily party to tho suit.
WHAT IT MEANS
The State.
1t was rumored about tho city
yesterday that tho supreme court
had rendered the above decision
IL, attorney general had hoard
nothing of it. Mr.. Lyles, who has
represented Wesloy all tho way
through and won his fight in tho
several courts, was not in tho city.
He is off on q trip to Washington
and philadelphia and will not return
until Friday.
Tho decision means that Mr.. Wcs-
Icy gots possession Of tho property
and will collect rent from tho State
dispensary for Il period that extends
from tho time Of tho first judg-
ment.
Assistant Attorney General Town
sond said yesterday that he thought
that this would bc for period of IS
months.
Senator Tillman when governor,
insisted on holding this property,
and established tho State disponsary
therein. Tho dispensary has been
located in tho building over since.
The dispensary authorities havo
spent much money putting in porma.
nentimprovements about thol ropolty
both inside tho bnilding and about tho
yards. Several thousand dollars
have no doubt boon invested in this
n.y. w.. ..nd under tho law tho authorities
will have no right to remove any
improvements. Such improvements
made by tenant belong to tho
owner Of the property. Tho dispen-
sary authorities, in addition to croct-
ing a large wator tank on tho sido Of
tho building havo had n comont floor
put in the cellar, and other costly
changes necessary for tho carrying
on of the liquor business have been
made.
1t is not known, Of course, wheth-
or Mr.. Wesley will pormlt tho dis
pensary to bo continued in his build
ing atany figure. Ho will probably col
lect good sum for back rent and can
charge his own prices for tho dispon-
sary apparatus attached to tho build,
ing which under tho decision bolong
tohim. Again, ho may bring suit TO
recover damages to tho building
from the putting in Of tho elevator,
etc
IThere is considerable stir in dis
Nehsary circles over tho decision and
, tho defeat of tho State, particularly
as thore is no appeal from this last
decree Of tho courts.
There is much speculation as to
who're the dispensary can secure q
building large enough and suitable
for its purpose in case it has to va
cato tho Agricultural hall building.