The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1897-10-12
ATTORNEY GEN. BARBER STRIKES BACK.
AN INCIDENT IN THE UNITED
STATES COURT

Cnarges Made against State OnCials
In Legal Papers Called Forth q
Warm Protest from Attorney Gen
erai Barber.
The trial Of the original package
cases In the United States Circuit
Court took sensational and exciting
turn one day last week. In a supple.
mental bill filed by Bluthenthai X
Bickart OF Atlanta, against j G. Long
ct al, Of Union, it was alleged among
other things that the S ate Officers
had entered upon conspiracy against
the complatnants, and that Governor
Ellerbe, Attorney General Barber,
Assistant Attorny General Townsend
and Liquor Commissioner Vance were
financially irresponsible, totally in
solvent and unable to respond to any
damages whatsoever against them.
These allegations cut to the bone. M.
l.. Bickart made them upon his own
knowledge and belief" and the matter
came near bringing on Il personal dill
Guilty at the Charleston Hotel.
When Court convened on Thursday
morning Mr.. Barber arose and said he
would like to make statement. From
his tones 1T was apparent that some
thing was going to drop. Mr.. Barber
pushed aside batch Of papers and
said:
May it please your Honor, ask your
Honor before resumihg tue case under
consideration to hear u motion in the
case Oi Bllthenthal & Bickart against
Long and others. The motion is under
the supplemental bill of complaint
which was filed at late hour yester-
day afternoon. There have been in the
course of these proceedings in this
Court, from time to time sworn state
ments and charges in bills CT com
plants which | have permitted to go
unnoticed, but, il your Honor please,
the line has been reached and crossed,
beyond which | cannot permit these
statements to go unchallenged. The
occasion, therefore, if your Honor
please, necessitates some very plain
talk, and, with your Honor's permis-
sion, | propose to do it. | hold in nv
hand a copy of this bill Of complaint If
your Honor is not familiar with it |
would invite your attention to the
allegation in the bill which is marked
~ page I. After alleging various
things as to some shipments into the
State and seizures Of these liquors the
complainant alleges that the seizure
above setout, at Union, Elko and Ches-
ter in said State of South Carolina, were
made and done by the said part es
above named by the authority and un-
conspiracy, agreement and combina-
tion OF the said defendants. William II
Ellerbe and William A. Barber, @ p.
Townsend, S. w. Vance and State
constables and other officials of South
Carolina, unknown TO your orators.
| would invite your Honor's atten-
tion further to the allegation in the
bill OF complaint, which is numbered
H." on page thereof, in which it is
alleged that Your orators further
show that the said William Ii. Ellerbe
and William A. Barber, c. p. Town.
send and S. w. Vance have, notwitl-
standing the rights of your orators as
importers of liquors in original un-
broken packages in this State under
the Constitution and laws of the United
States, caused and directed the agen-
cies OF your orators at Union, Elko and
Che ster in the State of South Caro-
lima, to be seized, and the said goods OF
your orators to be taken possession of
by various parties claiming to act as
State constables, and that the said
William ii. Ellerbe and William A.
Barber, Q. =. Townsend and S. w.
Vance, for the purpose and with the
Intention of evading the njlnctions OF
this Court, have caused such seizures
to be made by different State con-
stables In each instance, claiming that
the injunctiOns issued by this Court
and heretofore obtained by your ora
tors for the protection of their business
as aforesaid, in the S ate of South
Carolina, only aife cted the parties
named In said bill, and that the said
Barber, 9. z. Townsend and S. w.
Vance have agreed, cont bined and
conspired together and threaten, with
parties unknown to your orators
further to SEIZE and cOntiscate all goods
of your orators in the State of South
Carolina, at the various agencies here
inabove set forth, and purpose to seize
and contiscate such goods by authoriz-
Ing different cOnstables or agents in
each Instance to make such seizure,
and that it is manifestly impossible for
your orators to make as parties defend
ant to this bill all parties who might
possibly be authorized and directed by
the said William Ii. Ellerbe and
William A. Barber, G. p. Townsend
and S. w. Vance, unlawfully and
wrOngfully to seize and confiscate the
goods OF your orators, and that unless
relieved by this honorable Court by
the issuance of an Injunction and re-
straining order protecting the goods of
your orators, so shipped as aforesaid
into the State OF South Carolina, from
SuCu unlawful anu wrongful acts OF the
said William II. Ellerbe and William
A. Barber, G. 2. Townsend and S. w.
Vance and other parties to your ora
tors unknown, and the agents by them
appointed to do such wrongful and un-
lawful acts, your orators are remedi-
less in the premises
These allegations and kindred ones
In this bill reflect seriously, most
seriously, upon the respondents to your
Honor's rule that have the honor to
represent; they reflect Upon the Of
ticers Of the State, and, may it please
your Honor, more than that, they re-
fleet seriously upon my assistant and
myself as attorneys of this Court. If |
am guilty OF entering into conspiracy
to thw art the decisions of this Court I
am unworthy to practice here. IL his
Excellsncy, the Governor, and the
other State officers have entered into a
conspiracy In restraint of trade, which
is crime under the statutes OF the
United States, we should be impeach-
ed and reproved from Off sc.
The charges, therefore, may 1t please
your Honor, are OF the most serious
character, and take 1t that the re.
cords OF this Court are not to be trifled
with. In addition these | l,gat ons not
only fleet upon US as officers aud at.
torneys OF this Court, but there are