The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-10
RECEIVERS NAMED
Judge PritcIlard Takes Full Control
of Dispensary Fund.
Messrs. y. A. Mccullough, C. X. Hen
derson and 3. F. Arthur Appointed
Receivers and They Accept.

Receivers and They Accept.
In the United States Court at
Asheville Saturday afternoon after
hearing the arguments by counsel,
Judge J. c. Prictchard appointed
Hon. Joseph A. Mccullough, of
Greenville, Messrs. G. K. Henderson
and B. F. Arthur, the two latter
members of the State commission,
permanent receivers for the disDen-
sary funds now in the hands of the
dispensary commission.
The court will order that this fund
be turned over to the receivers at
once. In the event that this order
is refused there will probably be a
clash of State and Federal jurisdic-
ton.
Attorney Gen. Lyon said: I regret
exceedingly that there is person in
the State of South Carolina who
would accept an appointment as re-
ceiver at the hands of Judge Prit-
chard." Then taking up the general
situation Mr.. Lyon said: so far as
Judge Pritchard undertaking to en-
ioin any one from bringing suits or
to in any way interfere with the
fund involved is concerned I will
state that instituted proceedings in
the Supreme Court of South Carolina
for the purpose Of compelling the
commission to disregard Judge Prlt-
chard's injunction and to pay into the
State treasury for the use of the At
torney Generals office the sum OF
$4,000 which was appropriated TO-
the purpose of certain criminal pro-
ceedings and prosecutions of persons
connected with the late dispensary.
Judge Pritchard's order will most
certainly be disregarded by me If it
undertakes to in any wise restrain
or direct me in this or any other
proceedings l may deem it advisable
to institute.
'I regard the entire proceedings
as without precedent and as a most
outrageous disregard OF the rights
of the State of South Carolina. IT
is founded upon no sound authority.
His conduct in appointing receivers
on the day before the motion for the
appointment of receivers was to be
heard in accordance with the formal
order which he passed was a most
wilful disregard Of the rights ot tue
State, and we were thereby denieo
our day in Court.
GAS to his criticisms in his former
decree, of my bringing the mandamus
proceedings in the Supreme Court or
South Carolina to compel the COM
mission to disregard his injunction
and nay into the State treasury inc
appropriations made for the prose
cution Of the criminals, the proceed
ing in the Supreme Court was IN ac-
cordance with the practice and law
in South Carolina, and If this hao
not been so the Court would nave
refused to assemble and hear the
same.
"The result of this proceeding can
not he foretold. 1t would, no doubt,
be as useless to explain the purpose
of this proceeding to him as 1t was
to explain the law and the facts III
the case in which he has assumed
iurisdiction. I am most careful as
to the opinion the learned Juage
NAV entertain with regard to TINS
proceeding. It is not surprising that
he regards any move on the part OF
the State to protect her rights against
those who would despoil her as un-
warranted.
"His conduct has been most un-
seemingly and the State of Soutn
Carolina must look to the Unlteo
States Supreme Court for the pre-
seryation of it's sovereign powers.
az am extremely gratified TO kno"
that Messrs. Murray, Patton and NC
sween, members of the State dlspen-
sary commission, have refused 10 ac-
cent the receivership offered them'
and that their patriotism cannot De
shaken by the hope of any reward.
~ believe we will finally be sue
cossful in the defence Of the state
but whatever the result we Will ue-
fend her to the last extremity OF the
law, Knowing the righteousness Oh
our cause, l believe we VIII SUE
ceed.