The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-11-03
CONSTRUCTLYELY
HE'S IN ARREST
IN FACT ENTIRE COMMISSION
IS IN SAME BOAT.
Dispensary Commission is Between
Upper and Neither Mill Stones
Habeas Corpus Proceedings.
The State.

The State.
"Constructively I am under ar
rest," sad Mr.. Avery Patton last
night, when asked what is the effect
of the action Of the State supreme
court yesterday. Zone court orders
US to do one thing. If we disobey we
will be in contempt and subject to
arrest. Another court orders us to DO
directly opposite thing. And we
dare not disobey that COURT
So there is the situation in a nut
shell with reference to the members
of. the State dispensary winding-up
commission. The members are be-
tween the upper and neither mill
stone and Mr.. W. F. Stevenson, at
torney of the commission, took the
train last night for Washington in
order to get a motion before that
tribunal with reference to habeas cor
pus proceedings. When mans lib
erty is in danger, the proceedings can
be hurried up. For that reason the
habeas corpus proceedings will be
pushed in order to get the United
States supreme court to decide de-
finitely and quickly which court has
jurisdiction, the State supreme court
or Judge J. G. Pritchard Of the fed
eral court.
Under the proceedings begun some
time ago under appeal from Judge
Pritchard's decision, the State of
South Carolina has no assurance that
the United States supreme court will
take cognnance of the main issue, but
the main issue is put squarely in the
present proceedings.
The Courts Order.
The State supreme court at its spe-
cial sitting yesterday passed the fol-
lowing order:
The State of South Carolna-Ex rel.
A. W. Ray, Trustee, Petitioner, VS..
". J. Murray and Others.
It appearing that the questions
raised in this proceeding have been
adjudicated by the case Of the State
ex rel. J. F. Lyon $. W. J. Nj. ~
and others, and that the return OF
the respondents is insufficient for the
reason set forth in the opinion IN the
said case, now on motion Of D. c.
Ray, attorney for petitioner,
It is ordered that a peremptory
writ of mandamus do issue requiring
the respondents to pay the money due
the petitioner, as set forth in the pc
tition. The reasons for said judg-
ment are stated in the opinion in the
case of Lyon vs.. Murray above refer
red to, which opinion is to be made a
part Of this decree, and the court re-
serves the right to file further opin-
ion in case it deems it necessary.
Y. J. Pope,
Chief Justice.
Ira B. Jones, A. J.
c.. A. Wood, A. j.
Before the above order was filed,
however, the following was put on re-
cord:
"The consent of the State having
been given to the use Of its name in
the case Of A. ". Ray, trustee, peti-
toner, against ". J. Murray ct al,
on motion of D. C. Ray, attorney for
petitioner, it is ordered that the pc
titioner for mandamus and other
pleadings in the cause be amended by
inserting in the captions thereof the
words tie State Elk. Rel.' so that
said pleadings as amended shall read
in the name of the State ex rel. A. ".
Ray, trustee, against W. J. Murray,
John McSween and Avery Patton, as
State dispensary commission, res
pondents.
The Issue Yesterday.
Mr.. A. ". Ray Of this city appears
in this new proceeding as petitioner,
being the purchaser and holder of
claim against the State d;spensarv.
which the legislature ordered paid,
but has not been paid. He asks for
a mandamus requiring the commits
sion to pay said claim out Of the
funds in their hands belonging to the
State. In answer the commission set
up that they are restrained by the
federal courts from paying out any
money except on order Of that court,
and that it is alleged that the money
in their hands is not the property Of
the State, but that it is trust fund