The Montgomery advertiser., 1908-03-09
MAY GET LYON FOR CONTEMPT 5outh Carolina Sensation Is Growing. JUDGE PRITCHARD IS SILENT Counsel for Distillers Handles Lyon
 Without Gloves. They Say the Attorney General Has Done Great Injustice to Judge
 Pritchard and Can Him .
 Liar.
JUDGE PRITcHARD IS SILENT

made on Judge Prttchard by Attorney General Lyon. of South Carolina, at Augusta, Ga, last night, wherein the Attorney General severely criticizes the action of the judge in appointing per- manent receivers for the south Caro- line dispensary fund. created a pro- found sensation in this city. the judges . home.
 It Is stated tonight that representa- tives of some of the plaintiffs will ask Judge Pritchard to attach the Att torney General for contempt of court, on the ground that while reflections on the judges personal character are not contempt. the advice of Attorney General Lyon to the commissioners to disregard the orders of the Federal court directing the deliverance of the dispensary fund of Ss0o.000 to the re- ceivers, does in itself constitute con- tempt, in that 1t tends to actually in- terfere with the administration of the court and to nuilify It's power.
 Judge Pritchard declined to make any statement. Two local attorneys. who represent distilling companies in the suits against the South Carolina Dispensary Commission, issued a state. ]. ment to the press. wherein they handled Attorney General Lyon without gloves. resenting what they termed "a great injustice done to Judge Pritch- ard" They also declare that MT. tLyon's statements are wide of the truth"
 The present status of the dtspenaery case is as follows:
 status of Case.
 When the DispensarY Commission created by the South Carolina Legts- lature to wind up the affairs of the dispensary. failed to agree with the creditors who sold liaucr to the dispsn- sary, as to amounts due, charging swindling by creditors. George g. les ter, of New York, attorney for Fleiseh. mann Company, a month ago. filed with Judge Pritchard. of the United states Circuit Court. ( bill ip equity asking recelvership for the fund of ss00.0oo left by the dispenHarys and few days ia4er Frank ycarfefs oE AZ a.e. 'le. vile. and T. Monltrte MOrdecai ,pK Charleston, filed bill for the Wilson Distilling Company and others. on which Judge Pritchard issued tenn porary restraining order, forbidding the Commission from dispostng Of the Iuno or turning it into the State Treasury When the cases were argued, the judge declined to appoint receivers ana LOOK under advisement the question or 9u- risdicfion of the court raised by the Commission through Attorney General Lyon and counsel for the Commission, on the ground the suit was against tne State itself
 Judge Pritchard a week ago ah nounced he would take jurisdiction ana hearing on applications for receiyer- ship by 4he Wilson Company. was set for Saturday last. On Friday counsel for the Wilson Company and Tor Flelscn- mann Company, presented the affidavis of George B. Lester that the Governor of South Carolina urged the Legislature to take action to defeat the Jurisdic- ton of the court and that the Legisla- ture would interfere with the courts powers, whereupon D. W. Rountree or Atlanta, counsel for the commission, was notified and was present at the hearing, other counsel not having ar- rived for the next days hearing.
 Permanent Receivers.
 The court named all five members of the commission as temporary re- ceivers and yesterday (Saturday) Judge Pritchard announced the appointment as permanent receivers of James A. Me- Cuilough. Greenville. s. C.; B. F. Arthur of Union. S. C.. and c. K. Henderson. of Aiken. S. c.
 Attorney General Lyon on hearing ot this action, denounced Judge Pritchard and particularly his action in naming receivers prior to the date set for argu- ment on the question of whether re- ceivers should be appointed.
 w P. Stevenson and D. W. Rountree, of counsel for the commission. state that the question of Jurisdiction will be taken to the Supreme Court of the United States. contending that the suit is really one against the State of North Carolina which is immune from suits unless it consents.