Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-03-03
PRITcHARD TAKES JURISDICTION
South Carolina Dispensary Business
Goes Into United States Court.

In the United States circuit court at
| |Asheville, n. c., last Saturday morn
| ing Judge Pritchard announced his
decision in the case Of the Fleisch-
mann company against the disrensary
commission of South Carolina, a case
argued several weeks ago on the
question Of jurisdiction In which Judge
Pritchard reserved his decision. He
announced Saturday that he would
take jurisdiction. The court did not,
however, render a formal opinion,
saying that the opinion would come
later.
In his remarks Judge Pritchard
said that had there been a doubt
about the matter he would have CIV
en- the defendants the benefit of this
doubt and ruled in favor Of the state.
He said that there was no doubt and
that he would assume jurisdiction
and that shortly he would appoint
two special masters. The court held
that the dispensary commissioners
are not officers of the state, but otti-
GERS appointed to perform a specific
duty, and that the suit is not suit
against the state of South Carolina.
Attorney General Lyon, referred to
the determination of the state or the
commission TO appeal and suggested
avoid any unseemly clash between the
state and federal authorities that
your honor refrain from ordering
any specific acts 10 be done until the
question of jurisdiction Is settled"
Judge Pritchard to this suggestion
made reply that this court is not go
ing to do anything to provoke con-
flict, but at the same time the court
is going ahead and do its duty. Judge
Pritchard said there was no necessity
or reason for q recurrence of the un-
fortunate incident which occurred in
North Carolina last year. He said
that this court is as much South
Carolina court as any court and In
cidentally that it is presided over by
q southern man.
The hearing in the case of the Will
son Distilling company against the
dispensary commission on application
for the appointment of a receiver for
the $S00,OO0 dispensary fund was con-
tinued until next Saturday, when the
receivership matter will be argued at
length.
The opinion of Judge Pritchard ap-
pears to decide that when a state en-
cages in the whisky business or other
business not necessary to preserve its
autonomy or sovereignty. it valves Its
rights under the eleNentn dIHellCllclll
to the constitution of the United
States not to be sued without its con-
sent. and he further decides that ii
would be unjust to permit the state
under any circumstances to avoid the
payments of debts contracted for
goods on which it has made a profit.
\ decision so broad In enunciation
Of principles seemed hardly to have
been expected by counsel in the case.
and it will carry to the supreme court
an issue which may serve to decide
once for all the rights of the states
under the amendment.
Judge Pritchard i'm rendering his
decision said:
"Whle the state of South Carolina
has seen fit to engage in the purchase
and sale of spirituous liquors. ii can
not be reasonably contended that in
doing so it is performing the function
usually exercised by a state necessary
to preserve it's autonomy and main
tain its sovereignty. The supreme
court of the state has decided that
the act authorizing the establishment
of a dispensary was constitutional.