The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1908-09-23
DISpENSARY CASE DECIDED.
THE STATE LOSES FIGHT
AGAINST GRAFTEHS.


United States Court of Appeals Rcn.
ders Decision Sustaining Judge
Pritclard's Order Appointing Re-
ccivers to Wind Up the State Dis.
pensary.
Richmond, Va, Sept. 15.-Setting
forth that the two main propositions
to be considered in the famous South
Carolina dispensary cases, which in
wolves the question of State rights
and alleged collusion between the old
dispensary board and the whiskey dis
tillers for the purpose of defrauding
the State, are those of jurisdiction
and as to whether the dispensary COM
mission, created by the State, is a
court, the United States circuit court
Of appeals, in an opinion Of far
reaching Importance which was
announced today, sustains Judge
Jeter C. Pritchard, Of the
United States circuit court Of
South Carolina, in every particular.
The case in which the opinion was
rendered was that of the Fleischman
Company and others against the South
Carolina dispensary commission. 1t
was alleged in the original allegation
that certain funds due the whiskey men
had not been paid by the commission n
and that the State, in protecting its
Interest, held, that 1t was a sovereign
power, and, as such, ought not to be
liable to a suit.
Opinion Of Judge Boyd.
The opinion handed down today,
which includes more than 40 pages of
closely typewriter matter, a great
part OF which is devoted to a state
ment Of facts, was written by Judge
James F.. Boyd ofaGreensboro, N. c..
and Is concurred in by his associates,
Judge Edmund Waddill, Jr., Of Rich
mond and Chief Justice Melville W.
Fuller Of the supreme court of the
United states, who sat as a circuit
judge when the matter was argued in
this City some months ago.
When Judge Boyd had concluded 4
the reading of the opinion Of the
court w. F. Stevenson of Cheraw, S.
= raproSaptinu tho ottoc,a,.s Co. A. -
State. asked that a reasonable stay Of
proceedings be granted i'm order that
the preparation for an appeal in the
case might be made. He first asked
for stay OF 60 days. but Judge Boyd
suggested that 40 days ought to be
ample time in which to get ready for
a writ Of certiorari to the supreme
court Of the United States, and an
order was entered directing that a
stay Of mandate for that length Of
time be granted. ts
Stevenson said he represented at
torneys who appeared for members Of
the dispehsary board, having come at
the last moment.
Synopsis OF Opinion.
The following is a synopsis Of the
opinion Of the court:
There are two main PR positions,
first. the jurisdictional. which repre-
sents the question whether this is a
suit against the State Of South Caro-
lima and. therefore, forbidden by the
eleventh amendment, and, second,
whether the dispensary commission is
a court incapable Of having its pro.
ceedings stayed by writ Of injunction
by federal court.
Does this case come within the
limits prescribed? In this connection,
1t becomes necessary to inquire IL the
State has any present interest In the
fund In controversy which can be
divested by a judicial determination of
the true amounts. If any. justly due
the complainant? Or, has the State. by
an act Of the legislature. relinquished
all right. II any existed, to enough OF
the fund to pay all the just debts OF
the dispensary?
'The first proposition rests largely
upon the construction to be given to
the act Of the South Carolina legisla-
ture in February 1s. 1907, providing
for the appointment Of a commission
to wind up the affairs OF the State
dfspensary and section AZ Of another
act abolishing the State dispensary.
"The State, through it's legislature,
has passed both the title and posses.
sion Of the fund to the commission for
the purposes designate in the act.
The funds being in III" h.nis Of the
commission, charged w.th It's Iutv.
tha N,Ar L.