The semi-weekly messenger., 1908-03-10

Asheyiile. ~. G.. March 7.-FNederal
Judge Pritchard to4ay decided To- ap-
point permanent receivers for tho
South Carolina dispensa-y fund and
named Judge Joseph A. McCollough.
(. X Henderson and h. r. Arthur a-
receivers. Henderson and Arthur are
members OF the winding up" com
mitteC appointed BY the South Caro-
lima legislature year ago. IL In be-
iIeved that the winding up" dispen-
sary committee will refuse TO turn
over the fund 10 the receivers. and
that a clash viii occur
Messrs. Henderson and Arthur. two
cf the commissioners who were nam
- as temporary receivers by the
court on Friday evening. stated they
would accept, while MessrS w. J.
Murray. chairman. and John Nc
Sween. declined TO accept. No reply
was had from the fifth member OF
the committee. Avery Patton.
In the order the receivers were dl-
rected 10 take charge OF all the per
sonal property now in charge OF the
commission appointed by the state
TO wind up the dl3pensary affairs,
including the money in banks, and
each. The members OF the commission
were directed to turn over such pro
perty 10 the receivers and all per
sons were restrained from bringing
any suits to enforce claims or in
G1y way TO interfere with the pos
session of the courts agents
Formal notice was given by d. w
Rountree, OF Atlanta, OF counsel for
the commission that It's members
would refuse 10 deliver the property
10 the court and that the members
desired TO appeal the question TO the
courts jurisdiction in the supreme
court of the United States as quickly
as possible. He expressed his wiling
ness that the court should on such
failure 10 obey attach some offending
member of the committee expressing
his willingness to waive all preli-
minary rights. in order that writ
OF habeas corpus might be issued
from the highest court This offer did
not, however, appeal to counsel for
creditors, and they objected to skip
ping any OF the legal steps, and alsO
claimed that as imprisonment for
contempt was criminal matter coun-
sci could not waive his clients TO
jail.
Augusta. Ga. March when At
torney General Lyon of South Caro-
lima, who is here tonight was shown
the Associated Press dispatch from
Asheville, n. c., announcing Joseph
A. McCullough's acceptance OF n re-
Ceivership of the dispensnry 2t the
hands OF Judge Pritchard. he said:
Il regret exceedingly that there Is a
person in the state of South Carolina
VINO would accept the appointment
Of receiver at the hands OF Judge
Pyitchard."
Then taking up the general situa-
tiOn Mr.. Lyon said;
SO far as Judge Pritchard'3 under
taking TO enjoin anyone from bring
Ing suits TO in any way interfere Win
The fund involved Is concerned. =
Viii state that / have instituted a
. rrn.eeding In the supreme court OF
/ South Carolina for the purpose OF
! compelling the commission IL disre-
yard Judge Pritchard's Injunction an.j
- pay into the state treasury for the
Lse Of tie attorney generals once the
srm ST $4,000 which was applopriat-
ei for the purpose OF certain crimi-
nol proceedings and prosecutions oil
persons cOnnectu with no late s'r'~
dispensary.
Judge Pritchard's order will mo-
certainly be disregarded by me II ne
| Undertakes TO in anywise restrain Or
direct in this, or any other proceeding
may deem II advisable TO institute.
l Il regard the entire proceedings
AS without precedent and as a most
outrageous disregard OF the rights OF
the state of south Carolina. II IN
founded upon no Aound authority. His
conduct in appoinhS.g receivers Cd
he day before the motion. Tor the ap-
pointment OF receivers was 10 be heard
in accordance with the formal order
which he passed, was a most wIlful
diregard OF the rights OF the state,
and we were thereby denied our day
n court.