The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1897-05-18
THE hGRICULT TURAL HALL CASE DECIDED.
THE STATE is AGAIN DEFEATED.

datcd-The State Dispensary vii
Continue it's Operations.
Columbia Register.
The State has lost the Agriculture
Hall case and the State dispensary
will have to move out sooner or later
and seek other quarters. The follow
ing dispatch was received last night
The United States Supreme Court
has affirmed the decision OF the Circuit
Court for the Circuit Of South Caro-
lima in the "Agricultural Hall" case
involving the title to the Agricultural
Hall in Columbia, $. G. Edward b
Wesley, Of New York, bought the
property Of the Commissioners OF the
State Sinking Fuud, but there were
alleged irregularities in the purchase
and he brought suit against j. T.. Tin.
dal, the Secretary Of the State and j.
r. Boyles, who had been employed by
the Secretary Of tho State to guard
the property, to secure possession.
Tindal and Boylcs, in the lower cour Js,
contended that they were mere custo-
dians of the property and that the
State could not be sued, but the pos
session OF The property was given to
Wesley. This Judgment was affirmed
by the Supreme Conrt in an opinion
by Justice Harlan, who held that the
State was not necessarily q party to
the suit"
Governor Ellerbe was informed Of
the decision as soon as it was received.
He said that he would express no
opinion until he had seen the decision
OF the court.
Attornev General Barber was seen
In his office and was shown a copy Of
the decision. He said that he expect
ed 1T and was not surprised at the out
come. He said that the de, ision did
not validate the Blue Rdgo bonds ten
dcred in payment, but that Il simply
meant that Mr.. Wesley having tender
ed money for the first payment and
having fulfilled other portions of the
contract was entitled to the property.
General Barber would not, however,
discuss the situation, preferring to
await the full report Of the decision.
In case the State should eventually
be forced out of the building, Mr..
Barber said that he did not know
what would Re done or where the bust
ness would be conducted. He said that
in the usual course of legal procedure
it would take some days for the de-
cision to be effective. The State has,
however, no other remedy, and the
probabilities are that MIR. Wesley will
soon have possession OF the b aiding.
He can rent it to the State and tho
likelihood is that some con6ract Of the
kind will be entered upon. With the
fixtures and plaut as now established
1T wonld be an expense unwarranted
to establish another plant of equal fa-
cilitics. The situation is one, there
fore, not only Of great Importance, but
of vast interest to the taxpayers of the
State.
The news that the United States
Supreme Court had finally awarded
the Agricultural Hall to Mr.. Wesley
was hardly Il surprise to the State au-
thorities, for they had expected it to
come sooner or later. But supposing
that the dispensary authorities can
not agree with Mr.. Wesley on the
terms OF rental, thirty days yet re-
mained before the plant will have to be
removed. In that time the dispensarJ
can be moved out to another building
and operations will go on as usual.
For the Information of the public it
may as well be stated now as hereafter,
that even If the dispepsary has to get
out of the Agricultural Hall building
1T will run along just as well. The de-
cision puts the State to some expense,
If a move has to be made, but the dis
pensary will go along rs Of yore, despite
decisio MS of courts, BecKrOge trunks
or anything else.
The publication Of the decision
brought out the fact that the Board
advlsability OF changing the place Of
business, for financial reasons. The
drayage part of the business is big
one in point of money. To first haul
the goods from depot to- the dispen-
sary and after an order has been re-
ceived, to again haul them back has
been All expense that the Board Of
Control wished to avoid Propos ltions
have been made to them whereby cer-
FOL hn
line of railroads could be rented. There
propositions have been under con-
sideratiOn for some time, and were not
acted on, but in view of the fact that
change OF base may be necessary they
become quite interesting.
For instance, it Is said that MIR. J.
Caldwell Robertson has offered the
dispensary authorities the use of the
warehouse on Gervais street, below the
Union depot, which is now partially
occupied as batting factory. 1t Is
understood that the proposition made
was that the State could have. the
building at the same price it now pays
for drayage. This proposition remains
open.
Another idea is to rent the old Has
kell cotton mill. 1t not only is goud
building, but is on line of railroads
and drayage would be saved.
II the State arranges with Mr.. Wes-
ley proper terms of rent can be made,
but what will be done remains to be
seen.
Governor Ellerbe was asked as to
what would bs tho outcome, but he
declined to make any statement. He
said, however, that there were other
places and the dispensary would not
shut down.
A very interesting legal question has
arisen as to whether the permanent
Improvements made ih the building
in the shape OF engines, pulleys, ETC.,
would go with it when Mr. Wesley got
possession.
Assistant Attorney General Town.
send refused to answer the question,
intimating in his reply that the ques-
tion might come up In the courts.
It is generally conceded that Wesley
will have right to demand rental for
at least eighteen months, that being
the time during which the States con-
tention as to the ownership of the
building was pending. What the
amount OF the rental will be is not
known, no agreement having ever been
had on the subject. judge Townsend
stated that the amount would have to
n n