The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-02-12

such action.
Are the specifications true7 Have
these men disregarded the rights OF
the people Of South Carolina in pill
ing up an enormuos stock against the
rights Of demands of the institution
The attorneys could not argue that
their clients are not guilty Of incom-
potency to say the least when they
have purchased these liquors for 80
cents per gallon more than they could
have been obtained for in open mar
ket.
Mr.. Lyon admitted for the sake of
argument that the law does give the
board absolute discretion and that the
county dispensers have nothing to do
with the situation. But knowingly
and wilfully the board has violated
business precedent and has disregard
ed the demands Of the trade as shown
by the correspondence from the coun-
ty dispensers to the commissioner
and the commissioner to the board.
Some specifications.
Any private citizen has the right
to point out improprieties 10 the
board and if they persist in a
course which evidently is wrong they
arc guilty of wilful, wanton miscon-
duet.
Their duties are to supply the needs
of the county dispensers who had
complained that they could not get X
gin an X corn, on which the dispen-
sary had a low rate Of profit. The
board had before it samples and bids,
according TO the testimony, and refus-
ed to buy. Is that not neglect of
duty9
In the "Clark caSe," 1,6OO barrels
had been bought by one John Black
in person beyond the limits of the
state. There were no bids, no chem
zeal analysis. In section 557 of the
criminal code il is stated in part
1.-THE said board Of directors shall
advertise quarterly in two or more
daily newspapers of this state, and
one "r more daily newspapers pub
Ii>ho,} without this state. for bids TO
Hr u%Ir ny parties desiring Ia fur
r'>h Equ"r 10 the Ii>pcnSary for
>aid quarter, Said bids shall be plac-
rd in IN envelope, securely scaled
wiki Tie seal Of the company. firm or
r"rrvrItiu'.. aNd havim@ been 50 seal
ed. shall be placed in the express Of
flee. directed tu the state treasurer,
Columbia. :. c.. and only one bid
shall, hr made by any one. which shall
state the quality. price and chemical
analysis thereof. and accompanying
SAID bids there shall be 4 sample Of
each Kind of liquor offered for sale,
containing not more than onchalf pint
each. which sample shall. on its arri-
val. be delivered to the diSpensary
commissioner. to he retained by him
until after it has been asccrtained
that the wines or liquors purchased
correspond in all respects with that
purchased: said samples to be the
property Of the state. Said bids shall
be kept by the state treasurer in his
office. and he shall not himself, or al
low any one to inspect said bids, or
the envelopes containing said bids,
but shall deliver said bids to the di-
rcct"r> of the Lispcn>arv, al meet
tl,, 1,,n,,l 4.
Shall open said bids in public and re-
cord all bids in book kept for that
purpose. Said directors Of the dis
rcn>ary may reject any and all bids
anI rcadvcrtisc for other bids. -
TIL" requirements Urc there laid
down. The charges against the board
in this case are that they failed to re-
ceive samples for the Clark purchase,
they received no bids and one John
Black went beyond the confines of
this state to buy the liquor. If the
former bids had been unsatisfactory,
why did they not reject them all and
advertise for othcrs7 This purchase
was made in direct violation of law.
-Four provisions of the act were viola
ted openly and wilfully by John
Black. And Wylie and Rawlinson
did not object, and afterwards ap-
proved the act, thereby being abbct-
tors in this grossly illegal procedure.
Violations are Criminal.
II is not necessary to prove these
actions Of the members to be wilful
in order to establish sufficient cause
Tnr ro,nnyo1 Sootion Xxx ibo f,rci