The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1908-02-05
The STATE WINS.
Judge PEichard Refuses to Inter
fsre in the DispssnaTy Matter.
GRAFT HUNT GOES ON.

GRAF HUM GUES UN.
Whiskey Dealers Who Swindled the
State VIII Have to Face the Music
or Do Without Their Money Tha,
May Be Owed Them BY the Ole
South Carolina State Dispensary
authorities.
At Asheville, n. c., on Wednesday
Judge Prichard in the United States
circuit court denied the petition OF
Fleischmann 6 Co., of New York
and refused TO appoint a receiver
for the South Carolina State Dispen-
sary fund OF sS00,000, against which
there are alleged to be claims as-
gregating sS00,0o0.
The Judge made his announce
ment during the afternoon session,
after attorneys for the dispensary
commission had presented their bill
in answer to the sensational charges
made in the Fleischmann petition,
which was fled in this court short
time ago.
The answer alleges that the claim
Of Fleischmann & Co. is unjust and
invalid and that there was collision
and conpsiracy between the plaintiff
and another firm to defraud the
State and that the State was cheated
out Of a large sum of money in each
of the claims made by the plaintiff;
it also alleges that Fleischmann &
Co. sold to the State a concocktion
with 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 as false and malicious 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 court convened
for the afternoon session, Judge
Prichard announced from the bench
that he would not appoint re-
ceiver for the dispensary, as he felt
that the funds are now fully protect
ed. 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 suit against
the State. Mr.. D. L. Rountree OF
Atlanta, for the commission, consun-
ed the remainder Of the afternoon ses
sion in argument to establish the
fact that the State is an indispensa-
Bile party to the suit.
Before the bill of the defendants
was read, Attorney General Lyon OF
South Carolina replied to the allesa-
tions made by Fieischmann & 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 concurrent res
olution adopted by the house OF rep
resentatiyes Tuesday In the course
of the resolution it was stated that
the legislature of Souh Carolina II
creating the dispensary commission
did not consent to suits against the
State for claims as a result or the
dispensary muddle.
Just before Judge Prichard an
nounced his decision there was
sharp colloquy between Attorney
General Lyon of South Carolina ana
George B. Lester OF New York ana
Ali. S. Barnard. who represent
Fleiscbman & Co. Mr.. Barnard ask
ed for time to prepare answers TO
the afldavits of the commission.
He stated that the commission nao
invited creditors to come to Coium-
bia TO prove their claims. But at the
same time it was known that some
so or so warrants were ready IN the
Office OF the attorney general On
which the Representatives OF the
creditors would be arrested, ana IN
stanced the case Of the prepresents-
tive for Ullman & Co., who hac
heen arrested, charged with fraud
and required to give heavy bono
Judge Prichard remarked that II
ne took jurisdiction he would ap-
point master to sift all charges OF
fraud to the bottom
The attorney General ID reply 70
Mr.. Barnard said: "Of course We
hear this cry from those who nave
defrauder the State. Naturally, when
7 can catch any Of these fellows II
South Carolina, will arrest lneM
have no warrant. however, Tor lne
E,eischmann representatives ana
will agree that they shall come TO
South Carolina to prove their CLAIMS
and depart unmolested. He aoceo.
however, that there was a warrant
for the representatives of the 40
beuser-Busch concern
Mr.. Mordecai responded that Mr.
Farnuna. the man referred to, hao
left the State on business. But NJ
would return and meet all charges
Mr.. Stevenson. counsel for the
commission, stated there was no IN
+en7ion of inveigling men TO Soutc
Carolina for the purpose Of prosecu-
ton.
Judge Prichard then announced
+hat no receiver would be appointed
and arguments on jurisdiction was