The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1908-03-25
0IspEAsiRY FIGHT RENEWED.
rRIrCHARD ASKED To REVOKE.
HIS ORDER.
application to be Heard I'm As.levilie-
Demand That Oider Appointing Re-
ceivers be Done Away With Be-
cause of Supreme Court Decision.

Columbia. March 2O.-Attorney
General Lyon AMI the attorneys for
the dispeusary commission will on
March 27 make motion before Judge
Pritcherd. at Asht VILE. for an order
revokiug the forcier, ecisions Of the
federal Judge, thus leaving the con-
test entirely within the courts Of the
State. This move was decided rpon
yesterday by Mcssrs. Lyon and Ste
version afte: con3ultauor with
Messrs Abncy & Muller. and CORES
pcndence with the Atlanta attorneys
associated In the case. Messrs. Ander-
son, Fielder, Rcuntree & Wilson.
1t Is a step somewha. urexpectsd by
those who have been following the
case but rs the receivers f,r tue State
dispensary fund, appointed by Judge
Pritchard. have taken no action, 1t Is
desired to GEAR up the situation at
once in order that the>f might be
distributed accor ling to the ideas Of
the commission or the case settled
under d decision OF the United States
supreme court. fE
The notice sen. to the attorneys, T.
Moultrie Mordeca!. Frank Carter. H.
G. Chssiestcr. Atsrrick & Barnard
and Geo. b. Lester. all representing
LIQUOR houses who are interested in
seeing the fund lied up in me federal
courts and keFt la the hands OF re-
ceiver. was as follows:
"Y0u will please take notice that
tito undersigred attorneys for ths
State dispensary -commission will
move before his h onor J. c. Pritchard,
circSit Jrdgc. at Asheville ". c., at
his chambers. II 10 O'Clock in the
forenoon on March 81. 1908. or as
soon thereafter as counsel can be
heard. fer an Older revok;ng the for
mer orders OF the said corrt. granting
an Injunction AMI appointing re-
ceivers. TN the ground that tine su-
[preme court of south Carolina has
nov construed the statutes OF South
Carolina ara the 'const,tuticn. of tho
said State. anesr which the complain
ants claim their rights. and has con.
|strucd II differently from said circuit
courts construction. whch construc-
tion II followed. Gusts the Jurisd i,tion
OF the cirt nit c,urt.
The motion will be made upon the
pleadings and returns ana aHldavIss
'*lrc$tN teftrc tHe court ami or the
dssisisn Of the sucrems court OF the
State OF South Carolina, and the rec.
ord upon which It is based ir tho cas-.
OF tho State OF south Carolina ex rel.
J. Frazer Lyon VS.. w. ]. Murray and
"herr. "a formal petition peins' pre-
seRted setting up the said facts.
u. Fraser Lyon. Atty General,
stevenson q Matacson.
".ASney & ltulier.
anderson. Fielder, ETC..
''Defendants' Attorneys"
IL will be recalled that an order IL.
sued by, Judge Pritchard come days
ago placed the money held by tn :
dispensary commission in the jurlsdic-
tion Of his court and afterwards
Mescr& c. K. Henderson and b. F..
Arthur. members OF the State dis
pensstry commis-,cn. ana JOS. A. Nc
Collough. q Grecnville attorney. a,
receivers. LAtcrto bring the case In
tho State courts the attorney general
brought mandamYs proceedings be-
fore the supreme court to compel the
dispensary commission 40 pay over at
once the $1s.cco Appropriated to pros
ccutc the "graftArs." The supreme
court has decided in favo. of the at
torney general but, following the
comfy of counts. .be maniamus was
not issued at cnce. In order to bring
the matter rcfors the United States
supreme court at once and clear up
the -atuation the attorney general and
the commission decided to ask a re-
vocation Of the order Of Judge Pritch-
ard. This will mean either q direct
victory for the commission or In case
OF an adverse deqisicn by judge
Pritchard an appeal to the supreme
court.