The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1908-02-07
THE STATE WINS.
Judge Prichard Refuses to Inter-
fere In the Dispesnary Matter.
GRAFT HUNT GOES ON.

~ w NV III HdlSlC
or DO Without Their Money That
May BE Owed Them BY the Old
South Carolina State Dlspcnsary
Authorities.
At Asheville, N. c., on Wednesday
Judge Prichard In the United States
circuit court denied the petition of
Flcischmann G. Co., OF New York
n refused to appoint a receiver
for the South Carolina State Dispcn-
sary fund Of $500, 900, against which
there are alleged to be claims ag-
sregating 100000.
The Judge mad his announce
ment during the afternoon session,
after attorneys for the ~dispensary
commission had presented their bill
I'm answer to the sensational charges
made in the Fleischmann petition,
time ago.
The answer alleges that the claim
OF Fleischmann & Co. is unjust and
invalid INC that there was collusion
and conpsiracy between the plaintif
and another firm to dcfraud the
State and hat the State was cheated
out OF q large sun Of money in each
of the claims made by the plaintiff;
1t also alleges that F~leischmann &
Co. sold to the State a c%oncocktion
with a mere trace OF whiSkey.
The answer declared false the al
legation by Fleischmann & Co. that
the commissioners were wrongfully
withholding the money for their own
individual interests. The answer de-
MED rs false and maliciouss the al
legation in the complaint which refer
red to a conspiracy between Attorney
General Lyon and the ~dispensary
commission and demanded proof.
Shortly after the coIrt4 ~Ganyenad
Cor the afternoon session, Judge
Prichard announced from the bench
that he would not appoint q re-
ceiver for the ~dispensary, as he felt
that the funds are now fully protect
Eed. He directed the attorneys to con-
fine their arguments to the question
as to whether this court could as
sumo jurisdiction, the point being
whether or not this Is a suit against
the State. Mr.. ID. l.. Rountree of
Atlanta, for the commission, consum-
ed the remainder Of the aftcrnoonscs
sion in argument to establish the
fact that the State is an indispensa-
BILE party to the suit.
Before the bin of the defendants
was read, Attorney General Lyon OF
South Carolina replied to the allega-
lions made by Floischmann & Co.
relative to the transfer Of funds from
the jurisdiction OF the court, saying
that the State OF South Carolina was
not running away, that the allegation
was false. He read n concurrent res
olution adopted by the house Of rep
rescntativcs Tuesday. In the course
OF the resolution 1t was stated that
the legislature OF Souh Carolina in
creating the dispcnsary commission
did not consent to suits against the
State for claims as a result Of the
~dispenSary middle.
Just before Judge Prichard an
~Sc,unccd his decision there was a
sharp colloquy between Attorney
General Lyon Of South Carolina and
George b.. Lester OF New York and
All. s.. Barnard, who represent
Fleischman & Co. Mr.. Barnard ask
ed for time to prepare answers to
the anidavits Of the commission.
He stated that the commission had
invited creditors to come to Column
bia to prove their claims. But at the
same time it was known that some
T. th or GO warrants were ready in the
once of the attorney general on
which the representatives of the
creditors would be arrested, and in
stanccd the case of the prcprescnta-
tive for Ullman & CO., who had
been arrested, charged With fraud
and required to give heavy bond.
judge Prichard remarked that if
he took jurisdiction he would APP
point a master 10 slit all charges of
fraud to the bottom,
The attorney General in reply to
Mr.. Barnard said: cor course we
hear this cry from those who have
%defraudcr the State. Naturally, when
| can catch any OF these follows in
South Carolina, | will arrest them.
/ have no warrant, however, for the
Fcischmann representatives ana |
will agree that they shall come to
South Carolina to prove thcir claims
and depart unmolcstcd.' lie added,
however, that there was q warrant
dJjr the representatives OF the An
hcuscr-Busch concern.
Mr.. MordecAi responded that Mr..
Farnum, the man referred to, had
IcI ~. tIat "a. l>,,nt-nn, mt hn