The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-03-10
JUDGE PRITCHARD
CRITICISES LYON
APPEAL TO STATE SUPREME
COURT WAS UNNECESSARY.
The Complete Text Of Federal
Judges Opinion OIL Dispen-
sary Matter.

OPINION Ill the ease OF FlriSrllmann
against the windin"-up commission Of
the South Carolina State d~ispcnsary,
and in it he sets fourth his reasons
for assuming jurisdiction, as he an
nounccd he would do. Perhaps the
most interesting feature Of the opin-
ion is the last paragraph, in which
Judge Pritchard declares The action
of Attorney General Lyon iii appeal
ing to tho supreme court of South
Carolina for a manIamus TO compel
the winding-up commission 10 pay
over to him $500 which the South
Carolina general assembly appropri-
atcd To be used by him rs Il prosrcu-
ton fund. to be, apparently, can UNI
warranted attempt to provoke Il on
flict Of jurisdiction between this
court and the State courts Of South
Caroliua.' ''This action on the part
of The Attorney Grncral." says Judge
Pritchard. sis in the nature Of Il sur
prise and was entirely Unnecessary,
inasmuch rs this court. if proper APP
plication had been made by the de-
PENDANTS or the attorney general,
would have gladly authorized the use
OF the same for such rurposc.'
Judge PritcharI'es opinion fol-
lows:
In Tn" Circuit Court Of thc United
States for the District Of South
Carolina.-~Thc FlciSchmann Com
pany, Complainant. versus W. J.
Murray. rt nj. Defendants.
This is Il suit in equity brought by
the complainant TO have thr dafcad-
ants declared trustees rs tu Il certain
fund IN their hamdS. 10 determine the
am"uni due t." the complainant pay
able ont Of .hr said fund. amt 10 cont
pei the payment Of the amount 81
louui /" nc due.
THE record shows that in iSN2 In )
general assembly Of the State of
South Carolina passed an Act r,9u-
latin| the purchase. sale and IiSiri-
hutton Of Intoxicating liquors within
sand Stat" aad providing for Il board
consisting Of :; members. /" be known
rs the ''Eoarh az Directors Of the
State di"~I"H%ary.' THE said Net al.
=" provided for Il "lj>NHM~ary r"mmis-
si"iIrr t" be elected ny The GENERAL ~
Srmhly, ANA mal" il The duty of the
board Of directors, Of the State dis
p"nSArN To purchase al alcoholic IL
qu"rS for lawful use Within the State.
and to sell ihr same T." the various
couAty d~isnrnSarirs, Is provided IN
said Net. The law Further provided
that all money arising from the sal,
or liTl"rS by the board of directors
of the State diNpvn>ary should b, d",
posted with the State trraSurcr, t,
be hrld by him rs Il separate amt dis
tinrt fund, and kept to the credit ni
said hoard Of directors of the State
diSprnSary. Taat the liquors pur-
chased by the said board Of directors
Of the State ~liSpcnSary should be
paid for "ut Of this fund upon II war
rant to be issued by the said ,iSprn~
sary commissioner. such warrant Ia
be issued by the diSprnSary cummiS-
ioHrr nj the direction of the said
board OF directors Of the State dis
pcnSary. and un part Of this funl
conld be lawfully paid oui by The
State treasurer, except upon warrants
SO issued.
That whilr said law was still in
t0rrc tn compartments sold TO the
board Of directors of the State dis
pcnSary. nj prices mutually satiSrar-
tory and agreed upon. Il large uuanti-
ty Of whiNkry and other spirituouS H.
qnorS, all Of which whiSkey and Spir-
ltnouS liquor. except i small portion
OF which was afterwards returned bv
the defendants. wcr" duly accepted
and sold by the said directors Of the
state dlSprnsarN at Il substantial pro-
Jlt, IN accordance with the diSprnSary
law, and the proceeds Of Suca sales
were, in due course Of adminiSira-
ton. deposited in and became Il pari
Of the fund hcrrinbcforr referred to.
That the general assembly Of the
State Of South Carolina. at lis Sos
sions held in 1907. passed an Act
providing for the abolition Of the
State ~disp2nsary. which Act was duly
approved on The 10th day Of Febru.
airy, 1907, and Sectica AZ Of which
is rs follows:
"Scction ~. The State iispcnsar\
- l-,l- .lls