The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-01-31
THE STATE wins.
.gudge Prlchard Refuses to Inter
fere in the Dispesnary Matter.
GRAFT HUNT GOES ON.

Whiskey Dealers Who Swindled the
State viii Nave to Face the Music
or Do Without Their Money That
May Be Owed Them By the Old
South Carolina State Dispensary
Authorities.
At Asheville, N. c., on wednesday
Judge Prichard in the United States
circuit court denied the petition OF
Fleischmann & Co., of New York
and refused to appoint receiver
for the South Carolina State Dispen-
gary fund of $SOO,O0O, against which
there are alleged to be claims ag-
gregating 100000.
The Judge made his announce
nent 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 filed in this court short
time ago.
The answer alleges that the claim
.; Fleischmann & Co. is. unjust ana
snyalid and that there was collusion
and conpsiracy between the plalntln
and another firm to defraud tne
State and that the State was cheated
put of a large sum Of money in each
OF the claims made by the plaintln;
1t also alleges that Fleischmann q
Co. sold to the State concocktlon
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 oe-
MED as false ard malicious the al
legation in the complaint which refer
red to a conspiracy between Attorney
General Lyon and the dlspensary
commission and demanded proof.
Shortly after the court convened
For the afternoon session, Judge
.prichard announced from the oench
,that ne would not appoint re-
ceiyer for the dispensary, as ne le.'
that the funds are now fully protecl-
aa He directed the attorneys to con-
Are their arguments to the question
as to whether this court could as as
snme jurisdiction, the point being
whether or not this is SUIT asalns.
tba State. Mr.. D. l.. Rountree OF
Atlanta, for the commission, consum-
ed the remainder of the afternoons ses
zion in argument to establlsh the
fact that the State is an indlspensa-
;ble party to the suit.
Before the bill Of the defendants
YVES read, Attorney General Lyon OIL
South Carolina replied to the ailega-
lions made by Fleischmann & 90.
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 aliegatloh
was false. He read a concurrent res
.olution adopted by the house OF rep
resentatiyes Tuesday. In the course
.of the resolution it was stated thaC
the legislature of Souh Carolina III
creating the dispensary comlhissioh
did not consent to suits against the
State for claims as result oi Che
disp muddle.
Irst before Judge Prichard an
nouDced his decision there was d
sharp colloquy between Attorney
: General Lyon of South Carolina ana
t.eorge B. Lester of New York ana
Ar S. Barnard, who represent
Fleischman g. Co. Mr.. Barnard ASK
ed for tine to prepare answers "
che affidavits of the commission.
He stated that the commission nao
.,,vifed creditors to come to Colum-
bia to prove their claims. But at the
same time it was known that SUM-
so or 60 warrants were reaoy III tne
,ofica Of the attorney general on
which the representatives OF the
creditors would be arrested, ana III
sstanced the case of the prepresenta,
tive for Ullman & Co., VINO nsu
heen arrested, charged with 1rauu
and required to give heavy bond. :.
Judge Prichard remarked that II
ne took jurisdiction he would ap,
noinr a master to sift all charges Oh
fraud to the bottom.
The attorney General in reply u
Mr.. Barnard said: "Of course we
hear this cry from those who nave
aefrauder the State. Naturally, When
T can catch any of these fellows IN
South Carolina, I will arrest them.
have no warrant, however, for the
Eleischmann representatives ana L
will agree that they shall come 10
south Carolina to prove their CLAIMS
and depart unmolested." he auoeu,
novever. that there was a warrant
For the representatives OF the AH-
heuser-Busch concern. ~
Mr.. Mordecai responded that MI ;
Uor,um the man referred to, nad
left the State on business but ~
would return and meet all charges
Mr. Stevenson, counsel for the
commission, stated there was no IN
tention of inveigling men TO 1ou'n
Carolina for the purpose Of prosecu-
ton.
Judge Prichard then announced
that no receiver would be appolil17u