The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-03-22

ton OF concessions made, which, in
the judgment Of the commission,
make it advantageous to the state to
carry out the said contract in lieu Of
resembling it. The, act provides in.
section 3, as follows:
"1t shall be the duty of said com
mission to close out the entire bust
ness and property of the state dis
pensary except real estate, and in
Guiding stock in the several county
d6spensaries, by disposing Of all goods
and property connected Herewith by
collecting all debts due and by pay
ing from the proceeds thereof all
just liabilities at the earliest date
practicable. Said commission shall
be at liberty to make such disposi-
ton upon such terms, times and con-
ditions as their Judgment may die
tate, provided that no alcoholic IL
quors or beers shall be disposed Of
within this state except to county
dispensary boards, and all liquors
illegally bought by the present man.
agement may be returned to the per-
SONS, firm or corporations from
whom purchnsed.' Then follow the
methods by which they may deter
mine the legality Of the said pur-
chases. Section 8 provides for the
investigation of the past affairs of
the dispensary in so far as it may
be deemed advisable by the said COM
mission in winding up its affairs.
I will state that the additional
question was made that the state dis
pensary had used part of the pur-
chase of goods about which these
questions arose, probably 30 per cent.
The statute provides that they shall
pay all just liabilities. The legisla-
ture evidently contemplated the pay
ment on all equitable basis of all lia-
bilities and instead Of saying all le-
gal liabilities provided that they
shoyld pay all just liabilities. The
use of that term evidently, to my
mind, contemplated their making an
equitable adjustment Of all affairs,
and whether a claim was legal or not,
if it were equitable, in other words,
just, why it should be settled and
only on all equitable basis. The leg
islature also evidently intended that
purchases which had been made with
out conforming to the law as it stood
should not he considered as absolute
ly and Of no equitable force, at least,
because they treat them as being
bought but in an illegal manner and
it does not cast upon the commission
the ironclad duty to return the goods
and refuse to recognize any right of
the seller, but it provides that they
may be returned. My idea is, that the
Legislature contemplated n speedy
winding up Of the dispensary affairs
and also contemplated the condition
which exists in this instance of the
states being unable to return the
goods as a whole, havine&,lscd part of
the same and, therefore, it's being
necessary to make some equitable adj
justment relative to the same. Con-
tracts are made as a whole, especial
ly relating to sales Of personal proper
ty and must be carried outms whole
or rescmded as whole, and while
The state is in the position of being
free from legal process and therefore,
capable Of making exactly such set
tlcment as it sees fit, regardless of
the rules of law, still it is evident
that the legislature, expected them to
do justly in making such settlement
Cases might arise, and in fact have
arisen, where the goods upon which
no profit probably is realized by the
manufacturer have all been used by
the state and, therefore, can not be
returned and the goods upon which a
large profit is made are still on hand,
and to return them without return
ing the other goods might be inequi-
table and the legislature contemplate
ed such conditions in making the pro-
vision pefmissive instead of manda-
tory. This position is still further
fortified in my mind by the idea con-
tanned throughout the whole deal and
all contemporary legislation relating
to this subject, that it shall be nee
essary and desirable for the legal de-
partmcnt Of the state to prosecute
such officers as have offended against
the law in the purchase Of liquors
and this discretion to return or not
the goods to persons who have sold