Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-01-24
AFTER DIsPENsARY FUNDS.
FIeischmann & Co., Ask Judge Priteh'
ard For Receivership.

From Columbia State.
Asheville, N. c., Jan. 21.-In United
States circuit court today, Judge j. c.
Pritchard signed an order citing the
dispensary commission Of South Caro-
lima to appear here on Wednesday, jan
uary 20. and show cause why the re-
lief prayed in a bill of complaint filed
by Fleischmann & Co.. Of New York.
creditors of the dispensary, should not
be granted and a receiver appointed to
take charge of the funds held by the
dispensary commission, and the affairs
of the commission wound up.
The bill Of complaint filed by attor-
neys representing Fleischmann & Co.
Is interesting and in parts sensation
al. The complaint in effect charges
that the dispensary commission has
failed to pay the claims Of the credi-
tors because the commissioners are
financially interested in the banks in
which the great sum Of almost $l.OOO.-
900 is deposited. The bill alleges that
the commission has violated its trusts
and a receiver should be appointed to
take charge of the moneys and affairs
now under control OF the dispensary
compission.
The bill In part recItes that said de-
PENDANTS are abusing the trusts re-
posed in them by wrongfully and un-
lawfully failing and refusing to carry
nf
act of 1907 of the general assembly Of
the state Of South Carolina, and that
the greater part Of the money which
the defendants have received. as afore-
said, has been on deposit for many
months, and is now on deposit In GER
tain banks in the state Of South Caro-
lima, in which banks the said defend
ants, or some of them, are respectively
interested, either as officers, stockhold-
ers or directors: that large sum OF
said money is now in the National Loan
and Exchange bank of Columbia In
which bank the defendant, Murray, who
is the chairman of the dispensary COM
mission, Is a large stockholder and di-
rector; that another large portion OF
said money is deposited in the bank OF
Timmonsville, in which said bank, the
defendant. McSween, is stockholder
and director, and Is also its president:
that another large portion OF said
money is on deposit in the Peoples
bank of Union. in which bank the de-
fendant, Arthur, is a stockholder and
director and also its president; that
another large portion Of said money Is
on deposit in the Bank Of Aiken, in
which bank the defendant, Henderson,
Is a stockholder and director; that an
other portion OF said money Is depos-
tied in the Piedmont Savings and In
vestment company Of Greenville, IN
which the defendant, Patton, is stock
holder and director, and portion OF
said money is deposited in the Mer-
chants and Farmers bank Of Cheraw,
in which bank one w. F. Stevenson,
who resides in the said town OF Che
raw and who is the attorney for the
defendants constituting the state dis
pensary commission, Is a stockholder
ana director. and also its president.
That the said defendants have
wrongfully, unlawfully and fraudu-
lently declined and refused to make
distribution Of the said money among
the creditors OF the said state dispen-
sary or to pay the claim Of your or
ator or any of the other of said cred
itors, for the reason, as your orator
verify believes and alleges the fact to
be, that there has been formed and
now exists an unlawful understand
ing or agreement between the defend-
ants by which it has been decided
that the money deposited in the banks
above named shall be held and allow
ed to remain as long as possible in
said banks and be used by them for
their own benefit and profit.
Attorney General Lyon Of South
Carolina was present in the interest
Of the dispensary commission. That
side contends, in effect, that certain
claims of creditors are not genuine;
that undue influence was used in the
purchase of goods and too great a
price was paid. 1t is understood that
there are claims aggregating about
100000 against the dispensary COM
mission and these creditors, alleging
that the funds in the hands of the
commission aggregate about $780,
900, demand that their claims be
paid. It is probable that there will be
an interesting hearing here on Jan.
90. when the dispensary commission