The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-03-27
POINTS NOT SIMILAR.
Authority Of Dispensary Commission
Different From That Assumed
in Rate Gases.
The State.

supreme court, as announced in the
State yesterday morning, in the Min.
nesota cases and the railway rate
case from North Carolina, was read
with more than usual interest by the
people Of South Carolina. There is
how every probability that the case
OF the dlspensary commission will go
before the same tribunal and it was
thought by many that the decision in
the othcr eases threatened defeat for
Attorney General Lyon and his asso-
%ciates. This view of the case, how
ever, is not taken by those interested
ana with questions that may differ
widely when the final analysis is
rcachrd.i III is sill believed that Judge
lritchard will be reversed and the
commission will BE sustained. The
case as it stands now is about as fol-
lows:
Judge pritchard has held that he
has jurisdiction ovcr the fund now in
tho hands Of the ~dispensary commits
sion and has accordingly appointed
receivers for this fund. In order 20
obtain a decision from the South Car
olina supreme court Attorney Gener-
al Lyon moved to m%andamus the
commission for the $4,000 appro-
priated for the prosecution Of tue
~"grart' cases. Tnc STATE supreme
court decided that the State Of South
Carolina alone had jurisdiction over
the money now in the hands Of the
commission in what has been dcclar-
ed universally Il very ably decision
written by Associate Justice Woods
and concurrcd in by the entire court.
Last week notice was served upon
the attorneys Tor The whiskIv houses
that on this decision and upon other
arguments motion would be made be-
fore Judye pritchard for revocation
OF the order ~appninting receivers.
This motion will be made Friday.
just what effect the decision Of the
United States supreme court will have
upon Judge Pritchard remains to be
seen.
Difference in Gases.
The decision BY that body related
to the enforcement of railroad laws
in Minnesota and in North Carolina,
one being Il habcas corpus ease in
volvinG the attorney general Of Min
nrsnta, and the other being the en-
forcemcni Of the rate law in North
Carolina. which ii was held by Judge
nriicharl wa in violation of tie
jurisdiction Of tho federal courts.
When the decisions were announced,
therefore, it was believed by many
W hohad not read the eases that it
would affect the ease now pending,
involving the ~dispcnsary commission.
Gov. Ansel. when asked about the
ease yesterday, said that he had not
as yet studied tine ease, being inform
I'd only by the newspaper reports so
far. but he did not believe that the
South Carolina ease was affected in
any way by the decisions, the points
at issue being entirely different. AS
sistant Attorney General DeBruhl
took the same view Of the matter, be-
lieving that The officers Of the law in
both eases decided acted without the
authority Of the law, and no point Of
State jurisdiction was raised. Attor-
ney General Lyon was not in the
city.
Mr.. Felder's View.
The law firm Of Anderson, Fielder,
Rountree & Wilson Of Atlanta, also
representing tho dispensary commits
sion and the State, "a asked for al
opinion on the matter and their reply
was AS follows:
"Therc is no analogy between the
Minnesota and North Carolina cases
recently decided by the supreme court
of the United States and the suit
brought against the ~dispensary com
mission. In the former eases the
court's decision is in a line with 9TH
or decisions rendered by it. holding
that where an orictr'of ihc State acts
without authority of law he is acting
in his individual capacity and a sui'
against him is not Il suit against the
State. Tn the South Carolina cas-:
the effort made is to administer up.
on property belonging to the State Of
South Carolina and to any suit hav.
ing this end in view the State is al
Indispensable party and such a sui
world necessarily be a suit agains