The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-11-03
C0NSTRUCTIYELY
HE'S IN ARREST
IN FACT ENTIRE COMMISSION
rs IN SAME BOAT.
Dispensary Commission is Between
Upper and Neither Mill Stones
Habeas Corpus Proceedings.

"C0nStructlvclE ! am under ar
rcst,' said Mr.. Avery Patton last |
night, when asked what is the effect
Of the action Of the State supreme
court yesterday. Gone court orders
rs to do one thing. IF we disobcy we
will be in contempt and subject to
arrest Another court orders us to do
a directly opposite thing. And we
dare not disobcy that court"
So there is the situation in nut
shell with reference to the members
Of the Stale dispcnsary winding-up
commission. The members arc be-
tween the upper and neither mill
stone and Mr.. w. T.. Stevenson, at
toncy Of the commission, took the
train last night for Washington in
order to get Il motion before that
tribunal with reference to habcas cor
pus proceedings When a man $ lib
erty is in danger, the proceedings can
be hurried up For that reason the
habcas corpus proceedings will be
pushed in order to get the United
States supreme court to decide de-
finitclv and quickly which court has
jurisdiction. the State supreme court
or Judge J. G.. prilchard Of the fed
cral court
Under the proceedings begun some
time no" under appeal from Judge
Pritchard'S : decision, The State Of
South Carolina has no assurance that
the United States supreme court will
take ro-lizancr Of the main issue, but
the main issue is put sularcly in the
present proceedings.
The Courts Order.
The State supreme court at IT'S Spc-
cial sitting yesterday passed the FOL
lowing order:
The State Of South rarolina--FN rel.
A. w. Ray. Trustee. Petitioner, rs.
w. J. Murray and others.
It appearing that the questions
raised in This proceeding have been
adjudicalcd by the ease Of the State
cx rel j. +. Lyon vs.. w. j. Murray
and others, and that the return of
the respondents is insufficient FOR the
reason set forth in the opinion in The
said ease, now on motion OF ID. &.
Ray, attorney for petitioner,
II is ordered that a pcrcmptory
writ Of mandamus do issue requiring
the respondents TO pay the money due
the petitioner. rs sci forth in the pc
tition. The reasons for said judg
a ~ Ihu in ih,
case Of Lyon vs.. Murray above refer
rcd to. which opinion is to be made ;
part Of this decree, and the court re
serves the right to file further opin
ION in ease il deems il necessary.
y. !. Pope,
Chief Justice
Ira b. Jones, a. J.
c. A. Wood, A. j.
Before the above order was file,
however. the following was put on nc
cord:
"Thc consent Of The State havin
been given to the use Of lis name i
the case Of \. W. Ray, trustee, pet
TONER. againS, w. j. Murray ct al
ON motion Of y. &. Ray. attorney f
petitioner. it is ordered that the p'
titiuurr for mandamuS and oth'
plradin"$ in the cause be amended h
inserting in the captions thereof II
words re State FIX Rcl.' so tn;
said plcadin=S rs amrndrL shah re;
in the name Of the State rX rel. \.
Ray. trustee, against w. }. Mnrra
John McSwrrn and Avery Patton,
State diSpcn>ary commission, re
pondcnts.
The Issue Yesterday.
Mr. 4. W. Ray Of this city aprca
in this new proceeding as pcttl"n'
being the purchaser and holder Of
claim against the State diSNrnSA,
which the legislature ordered pa
but has NOT been paid. lie asks {
manhamnS requiring the comm
sion tn pay said claim ont of [
funds in their hands belonging to I
State In answer thc commission ;
up that they are rr~tra ned by t
federal courts from paying ont Il
money except ON order Of that con
and that il is alleged that the mon
in their hands is not the property
the State. hut that il is Il trust fu
for the benefit Of creditors.
The petition sets forth that Mess
w j Murrav John MrSwcpn q