The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1908-02-07
THE STATE WINS.
Judge Prichard Refuses to Inter-
fere In the Dispesnary Matter.
GRAFT HUNT GOES ON.

or DO Without Their Money That
May BE Owed Them by the Old
South Carolina State Dispcnsary
Authorities.
At Asheville, N. c., on "Wednesday
Judge Prichard In the United States
circuit court denied the petition of
Fleischmann G. Co., Of New York
and refused to appoint a receiver
for the South Carolina State Dispcn-
gary fund Of 100000, against which
there are alleged to be claims ag-
sregating 100000.
The Judge made his announce
ment during the afternoon session,
after attorneys for the dispensary
commission had presented their bill
fn 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
OF Fleischmann & Co. is unjust and
invalid and that there was collusion
and conpsiracy between the plaintiff
and another firm to dcfraud the
State and that the State was cheated
out of large sum Of money in each
OF the claims made by the plaintiffs
it also alleges that Fleischmann &
Co. sold to the State a concocktion
with a mere trace OF whiskey.
The answer declared false the al
legation by Flcischmann & Co. that
the commissioners were wrongfully
withholding the money for their own
individual interests. The answer de-
MED as false and maliciouss the al
legation in the complaint which refer
red to a conspiracy between Attorney
General Lyon and the dispensary
commission and demanded proof.
rs Shortly after 4 the. court Gongeped
for the afternoon session, Judge
Prichard announced from the bench
that he would not appoint q re-
ceivcr 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
the State. Mr.. ID. l.. Rountrce Of
Atlanta, for the commission, consum-
ed the remainder Of the afternoon scs
sion in argument to establish the
fact that the State is an indispenSa-
ble party to the suit.
Before the bin OF the defendants
was read, Attorney General Lyon OF
South Carolina replied to the allega-
tlons made by Flcischmann & Co.
relative to the transfer OF funds from
the jurisdiction OF the court, saying
chat the State Of South Carolina was
not running away, that the allegation
was false. He read a concurrent res
olution adopted by the house OF rep
rescntativcs Tuesday. In the course
OF the resolution it was stated that
the legislature OF Souh Carolina In
creating the dispcnsary commission
did not consent to suits against the
State for claims as a result OF the
diSpcnsary muddle.
Just before Judge Prichard an
A3unccd his decision there was a
eharp colloquy between Attorney
General Lyon Of South Carolina and
George b. Lester Of New York and
AT S. Barnard, who represent
F'lcischman e Co. Mr.. Barnard ask
ed for time to prepare answers to
the anidavits OF the commission.
He stated that the commission had
invited creditors to come to Colum-
bia to prove their claims. But at the
same time it was known that somc
On, o or GO warrants were ready in the
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