The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-03-17
STATE SUPREME COURT
TAKES JURISDICTION
SAYS JUDGE PRITCHARD' AC-
TION IS A NULLITY.
Unanimous Opinion of South Caro-
lima Supreme Court In Re the
Dispensary Situation.

In u decision handed down on Sat
urday afternoon, the supreme court
of South Carolina holds that Judge
Pritchard had no jurisdiction TO pass
an order restraining THE winding up
commission Of the State disp ,nsary
from paying out the money III its
hands, the court holding That these
arc funds belonging to tire State Of
South Carolina, and that the State
has not consented that any court
should adjudicate the debts set mp
against it for liquor sold to it.
The court holds that Attorney Gen
eral Lyon is entitled to writ of
mandamus requiring the commission
to pay out the sum Of $4,000 for the
use Of the attorney general, as appro-
priatcd by the legislature, but the
writ is not issued as yet, the matter
being held in abcyance, giving Judge
Prltchard an opportunity to step
aside and prevent a clash Of author
ity, if he should so desire, in view
Of the decision of the South Carolina
court The court says it is a well-rec-
ognized principle that the United
States supreme court follows the de-
cision Of the State supreme court in
the construction Of the State consti-
tuition and statutes, and that. of
course this rule is binding on the
United States circuit court The
State court, therefore, it says, will
not assume that the construction
which it has placed upon tile State
constitution and the statutes in ques-
ton will be disrcyardcd by the fedrr-
al court. The iSs1,in" the rercmp-
tory writ Of mandamus is therefore
left in allegiance.
In other words, the State court
intimatcs that Judge Pritchard should
now step aside and pcrmi. the inter
probation of the State supreme court
to rule. IF he does not do so, the
ease will Finally land in the Unite
States supreme court.
The decision, which was written by
MIR. Associate Justice Woods, and is
concurred in by the whole court, is a
lengthy document, and only synop-
I sis is published herewith:
The Decision.
The State of South Carolina, cx rel.
j. Fraser Lyon. as attorney gcner-
Il al, petitioner. US. w. j. Murray.
4 John McSwcen, C. X. Henderson.
s$$ Avery Patton and B. r. Arthur. as
M State dispcnsary commission, r.
a% spondents. Opinion by G.. a. Woods,
7E'h. j.
e The general assembly by an act
q approved 24th February, 1903, ap-
n appropriated The sum Of $l5 1000 to be
SHpaid by the State dispcmsary COM
Smission ont of any funds in its hands
Unto The State treasury for tho Use
.Hof the attorney @e,reral in the con-
3duct Of criminal rrcaec,t;ons against
Bpersons charged with violations Of
s&law connected in any manner with
@.thc Stale e!dspcrcary. For the ell
Sforcemcnt of his official rights Hon.
sSv. fraser Lyon, attorney general,
filed his petition for niamdamus on
I'D March. 1908, in This court against
W. j. Murray, John McSwccn, G.. X.
Henderson, Avery Patton and B. f.
Afthur, as the State dispensary COW
nission. The petition alleges the c.r,-
@ly by the commission of State.
f1nds sufficient to make the payment
6 the sum appropriated, the demand
for payment by the State treasurer,
end the refusal by the commission to
eSmphy with his demand. The pc;i-
M9n alleges the payment by the com
Mission Of the sum appropriated to
be a plain ministerial duty required
by statute, and it's prayer is for
writ of mandamms requiring the per-
formance Of this duty. Upon this pc
Hition the chief justice made an order
occurring the respondents, as the
, Hate dispensary commission, to show
carlse in this court on 4tn Of March,
1908, why the mlandamls should not
& Continued on page two.)