The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-10-18
ENJOINS DISPENSARY BOARD.
Matter Wjll>Come up in Richmond in
Observation-Disclosures Was Secured
by Garrett s. Go.

by Garrett s. Go.
Columbia. Oct. l5.-,udgc Pritch-
ard has issued an injunction restrain
ing the dispcnsary winding up COM
mission from paying ont any money
in their hands until the claim of Gar
rett 4 Co., Il wine concern, is settled,
q writ Of mandamus being also asked
by Garrett & Co., to compel the COM
mission to pay their claim.
The state, which has been using the
injunction process to close alleged
bind tigers, now finds itself the sub-
ject of injunction and it will be inter-
cstm" to know what course The state
Will pursue. The commission is the
agent Of the state and thc ease brings
Squarrly up the right Of the federal
courts to cnjoin The sovereign state of
South Carolina.
The order is returnable before
Judge Pritchard at Richmond on No
vember 10, 1907, and at that time the
commission will doubtless be repre-
sented by Attorney General Lyon and
the attorney for the commission, Hon.
w. +. Stevenson. Gov. Ansel was
very busy today and had not given
consideration to the matter, so that
it is not known what policy he will
direct to be pursued.
The liquor concern of Garrett g.
Co. is represented at this end Of the
line by the firm Of Weston g. Aycock.
The firm has claim against the old
state dispcnsary which has .been in
dispute and The commission has in
sisted that the firm take back a lot OF
wines. which The commission for some
reason rejected. these wines having
been shipped back to Norfolk some
time ago, and refused by the firm at
that point. In the complaint the
firm alleges that the commission is
about to pay other claims and not
pay their own and tnc injunction is
asked for in order that such payment
he restrained until The application
Tor writ Of mandamus is argued be-
| fore the court to compel the commits
sion to pay the claim. It is racogniz-
cd that the firm cannot sue the state,
of which the commission is the agent
merely. nut it is claimed that a writ
Of mandamus can be issued to compel
the commission to perform duty
wh!'a * alleged to be purely minis
:crial. 1t of course remains to be
seen whether or not the court will
hold that the duty is ministerial,
since The commission is by the act I'M
drr which it is appointed, charged
with the duty Of investigating and
determining" The legality and justice
OF all claims against the state dispcn-
sary. The commission. it will be ar
gncd, is a quasi-court, and that il can
not be enjoined or that writ of
mandamus cannot he issued against
ii.
The amount Of money which the
commission has on hand and which
is tied up by this order Of Judge
Pritchard is not definitely known
but is something like $750,O0O.
The commission, if il respects the in
junction, cannot pay out cent of
this money as long as The order
stands. The claim Of Garrett & Co.
is aboui $1,000 and the bond rcquir-
ed is only $500. This appears to be a
very small amount compared with the
total amount Of money which is tied
up by the order. The bond Is sign
ed by Garrett & Go. and by Gen.
Willie Jncs and Mr. J. p. Matthews,
president and cashier respectively Of
the Palmetto National Bank Of this
city.