The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-10-18
ENJOINS DISPENSARY BOARD.
Matter Will Come up in Richmond in
November Order Was Secured
by Garrett & Co.

Columbia, Oct. 15.-Judge Priteh-
ard has issued an injunction restrain
ing the dispensary winding up COM
mission from paying out any money
in their hands until the claim of Gar
rett & Co., wine concern, is settled,
a 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
blind tigers, now finds itself the SUBJ
ject of injunction and it will be inter-
esting to know what course the state
will pursue. The commission is the
agent Of the state and the case brings
squarely up the right Of the federal
courts to enjoin the sovereign state Of
South Carolina.
The order is returnable before
Judge Pritehard at Richmond on No.
vember 19, 1907, and at that time the
commission will doubtless. be- repre-
sented by Attorney General Lyon and
the attorney for the commission, Hon.
W. F. 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 &
Co. is represented at this end Of the
line by the firm Of Weston & Aycock.
The firm has a claim against the old
state dispensary 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 the injunction is
asked for in order that such payment
he restrained until the application
for a writ of mandamus is argued be-
fore the court to compel the commits
sion to paw the claim. It is recogniz-
cd that the firm cannot sue the state,
Of which the commission is the agent
merely. out it is claimed that writ
of mandamus can be issued to compel
the commission to perform duty
wh;'.l is alleged to be purely minis
terial. It Of course remains to be
seen whether or not the court will
hold that the duty is ministerial,
since tie commission is by the act un-
der which it is appointed, charged
with thu duty Of investigating and
determining the legality and justice
Of ali claims against the state dispen-
sary. The commission, it will be ar
gncd, is quasi-court, and that it can
not be enjoined or that writ OF
mandamus cannot be issued against
it.
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 $75O,OOO.
The commission, if it respects the in
junction, cannot pay out cent OF
this money as long as the order
stands. The claim Of Garrett & Co.
is about $4,000 and the bond requir-
ed is only $500. This appears to be a
very small amount compared with the
total amount Of money which is tied
up bv the order. The bond is sign
ed by Garrett & Go. and by Gen.
Willie Jnes and Mr.. J. P. Matthews,
president and cashier respectively OF
the Palmetto National Bank Of this
city.