The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1908-03-11
RECEIVERS NAMED
Judge Psitchard Takes Full Control
of Dispensary Fund.

Messrs. J. \. Mccullough. c. H. Hen
derSon and B. =. Arthur Appo;nte'
Receivers and They Accept.
In the United States Court a
Asheville Saturday afternoon afte
hearing the arguments by counsel
Judge j. C. Prictchard appointed
Hon. Joseph A Mccullough, o
Greenville. Messrs. c. K. Henderson
and 8. F. Arthur, the two latter
members of the State commission
! permanent receivers for the dispen
sary funds now in the hands Of The
dispensary commission.
The court Will order that this funt
&c turned over to the receivers al
once In the event that this order
is refused there will probably be g
clash of State and FEDERAL jurisdic,
ton.
Attorney Gen. Lyon said: regret
exceedingly that there is person in
the State of South Carolina who
would accept an appointment as re
ceirer at the hands of Judge Prit-
chard." Then taking up the general
situation Mr.. Lyon said: 80 far as
Judge Pritchard undertaking to en-
join any one from bringing suits or
to in any way interfere with the
fund involved is concerned will
state that instituted proceedings in
the Supreme Court of South Carolina
for the purpose Of compelling the
commission to disregard Judge Prit-
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 1t
undertakes to in any wise restrain
OF direct me in this or any other
proceedings I may deem it advisable
to institute.
II regard the entire proceedings
as without precedent and as most
outrageous disregard OF the rights
Of the State of South Carolina. 1t
is founded upon no sound authority.
His conduct in appointing receivers
on the day before the motion for the
appointment Of receivers was 10 De
heard in accordance with the formal
order which he passed was most
vilful disregard of the rights ot tue
State. and we were thereby denied
our day in Court.
las to his criticisms in his former
decree, of my bringing the mandamus
proceedings in the Supreme Court OF
South Carolina to compel the COM
mission to disregard his Injunction
and pay into the State treasury the
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 l. this hao
not been so the Court would have
refused to assemble and near the
same.
THE result Of this proceeding can
not be foretold. 1t would. no doubt,
be as useless to explain the purpose
of this proceeding to him as It was
n explain the law and the facts III
-he case in which he has assumed
jurisdiction. I am most careful as
to the opinion the learned Judge
NAV entertain with regard to this
proceeding. 1t IS not surprising tnat
ne regards any move on the part OF
he State to protect her rights against
hose who would despoil her as IN
warranted.
His conduct has been most IN
seemingly and the State OF South
Carolina must look to the Cnlted
States Supreme Court for the pre-
servatiou of its sovereign powers.
Il am extremely gratifled TO hno"
hat Messrs. Murray, Patton and Nc
sween. members of the State dispen-
sarv commission. have refused TO ac-
cept the receivership offered tnem'
and that their patriotism cannot be
shaken by the hope Of any reward.
Il believe we will finally be sue
.essful in the defence Of the state
,ut whatever the result we Will oe-
end her to the last extremity OF the
aw. knowing the righteousness OF
,ur cause, l believe we VII! sue.
! iced.