The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1900-07-24
STATE MUST PAY
THE NOTES DISCOUNTED HY MEAL. AT
BANK.
ihc ouartccy Report or tho Dispcnenry
Shows th"t wc mr." Doing a Big Business
In Liquor.
Especial to The Daily News.) }

Columbia, S. G., July 80 Tn the
monthly report Of the constables di-
vision Chiefs, S. G. Logan, chief,
"nd his mon seized 107 gallons of
liquor, convicted six violators, sent
seven cases to tho circuit court fines
imposed S6oO-scnt tho six violators
to tho chain gang. Chief j. II. Funt
S''%cd seventy sovon gallons OF H.
I'lor and two stills, convicted two
V"iators, sent four cases up to tho
circuit court fines imposed $780,
collected 500 and sent one man TO
no chain gang.
In tho Neal case today Judue
N'uSh completely differed with
JudSo Bonct. Judge Bcnot decided
tina Neal had no right to accept con.
wet money, and Klugh decided that
Neal had full right to receive moncv
and endorse notes as Superintendent
"i tho p"nitcntiary and take tho
money, and that lto had full right TO
ito anything in tho line of transact.
Jag tho general business.
Attorney Gcncral Bcllingcr repro.
S"nt'd tho State, and MIR. Muller
represented the Carolina National
bank. Tho snit involves s.. Goo
which amount was obtained from tho
bank. Tho payment of notes was
refused by tho directors and at tho
last session of tho Legislature an act
Was passed. allowing tho bunk to suo
III" State. After tho complaints were
read Attorney General Bellinger en-.
tered demurrer, tho chief points of
which wore that Neal had no au-
'horlty to receive money for the hiro
OF convicts, and if he did not have
power to take said notos they wore
taken on his own responsibility, ard
no must bo hold personally liable.
Even if he did have tho power to
lako such notes as is claimed, he has
no power to discontinue them and
thus bind the State. If he did not
h"vo originally such power and could
not bind the State, tho State cannot
DO hold liable. Mr.. Bollinger backed
up his points with numerous quota
tons from tho law books. Ho was
followed by Mr.. Muller, who made q
iorc'blo argument in reply, his re-
marks being almost entirely of n
legal character Mr.. Bellingor re-
piled to him. Judge Klugh over
ruled the demurrer, holding that the
board of directors and tho superin-
tondont had joint powers in tho
management Of tho ponitontiary and
'hat tho superintendent had ripLt
10 receive money and discount notes
given for convict hire. I[o doc,dod
that tho case should be withdraw
from tho jury, and it will not como
mp again until the decision of the
Supreme court is rendered.
Tho quarterly report of the dis.
ponsary shows:
Cash in the, treasury Nav
"i9'. '.'....... s. IS 5S7lGI
Mcrchandise in hands of
dispensers Recommendations. l5,756.M
MorchHndisc in State dis
I''',"'ry '".. ''...."."......"" Isl, i,2G0. 2S
o"Pp''oS'''' ''''''''''.'............... }G, 097.:}
l.c'' eS'"Ce'.'.'."....... ....".". 36,558.O
suspended accounts ....., q 55s ~
Personal accounts due furtax
advanced on bonded spirit,
empty barrels etc ............ 3SIo 10
'ontrahand, teams and wa
gouS........... ................. dO3 %
''"''o 'olal ''''.. .......... $500, 25l.l1
Liabilities are placed at school fund
$l95,27S so.
Personal accounts ducfor supplies Of
"hIakcy, etc, $76,0S2.Gl, makino
f"6o'26l.l1. The gross profits were
3l2722l.07. The contraband sciyurfs
wore 81, l,G0l.7i. The States profit from
the Gcrmania brewery was 81, ,O6O.8I
Prevented a Tragedy,