The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-03-10
RECEIVERS ARE NAMED
FOR DISPENSARY FUND
ARTHUR, HENDERSON AND Nc
CULLOUGH ACCEPT.
Commission Refuses to Recognize
Pritchard's Jurisdiction and
Will Decline to Turn
Over Funds.


/ the Unitcd States circuit court OIL
Il petition Of the Wilson Distillinw
( Company, a general crcditor's bill,
appointed Hon. Joseph a. McCul-
lough Of Grccnvillc, S. c., G.. X Hen
derson Of Aiken, S. c. and b. f. Ar
thur of Union, S. c., permanent re-
ceivers for the $S00,000 South Car
olina dispensary fund now in the
hands of the commission. n bond
of $4,000 each was fixed. Messrs.
Arthur and Henderson are members
Of the commission now winding up
the affairs Of the late State dispen-
sary. In making his order for Il per-
mancnt recciverShip, Judge pritch-
ard said:
"The court on yesterday, on the
application Of counsel in the ease OF
the Flcisclmam company VS.. w. j.
Murray ct III. and the Wilsol Dis
tllling company ct III. VS.. w. j. Muir
ray ct al, entered an order appoint
Jag the drfendantSc w. j. Murray,
John NlrSwccn, c. X. Henderson, b.
f. Arthur and Avery Patton tempor-
ary receivers. These parties were 10
titled of their appointment and re-
plies from four Of them have been
!. received. The defendants w. j. Muir
Il, ray and John McSwcen decline to
&serve; the defendants 3. T.. Arthur
&$and c. X. Henderson accept the ap-
s& poiltment and Indicate tnair willing
asssness to serve. No response has been
'SSreccivcd from the defendant Patton.
s "Thcse gentlemen were appointed
upon the theory that the
t#court was anxious TO adopt the in
provided by the State
a$in this instance for The administra-
y$Stion Of the trust fund in their hands.
SSSStnbut inasmuch as the ma jority Of the
atN$eommission nave either declined or
ltI5fefused to indicate Il purpose To ser
SSSssye, the court has decided to appoint
ssSSssssIIon. Joseph A. Mccullough and
S Messrs. G. X. Henderson and B. +.
# Arthur permanent receivers for all
&}}the funds and property in the hands
$50 of the defendants constituting the
s%Statc dispensary commission.
Y& "'The court regrets exceedingly that
#Sany Of these defendants should have
fSdeclincd to accept the appointments,
;sS|Sfeeling as it does that their accept
III ance would nave been in harmony
S# with the State under which they were
8 appointcd.'
Mr.. Rountrec Of Atlanta. on b.
a half of the Iispcasary commission,
drew the attention Of the court to
{ Che fact that on Friday the commits
sion had made checks for sum ag-
! gTc%atin" fl50,000 for the payment
of claims which had been adjudicatcd
on compromise between the credi-
tors represented by Lawrence Max
well Had the commission. The Judge
stated that these checks would not
come under the rcceivership and
should be paid. Mr.. Rountrcc in the
had been an effort on the part Of the
defendant commissioners to do moth
inc whirn would be a waiver Of OBJ
lection 10 The jurisdiction of the
court aAd that on Thursday in the
matter Of the intcrvrnionS presented
by Mr.. Maxwell. The order presented
by him to illc court had been so al.
tered rs 10 make il appear that the
order dircctin" payment Of certain
claims had been made on the applica-
tion Of the commission. while in the
original papers signed by members of
the commission, there was express re-
servation Of objection to jurisdiction.
Hc therefore asked that the court
either strike out the "applirn: :ion.'
or make an order. that the same was
not to be taken as a waiver Of objec-
ton. The judge replied that at the
q former hearing he had stated that he
81 would not direct payment Of claims
81 unless application therefor be made
|#by the commission aad therefore the
a8amendmcnt was made to show that
49thcre was such application and that
S&the application speaks for itself but
s