The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1908-03-04
Not a suit Against State.

NOt a u
The dispensary matter was brought up In
court today on an order Of Judge Pritcnard
signed on motion of the WlIsGn Distilling
com pany and other creditors citing the dis
pensary commission TO appear and show
90 use Why = receiver should not be appointed
.Or the $500 .0C0 fund now held by them. Be
fore the hearing 10 This care Judge Prltchard
In ormniIy announced his decision in the
matter OF the Jurisdiction Of the court in The
FIeischmann case, which was also a suit ask
ing for a r, ceivtr for the dlspensary fund.
The court maintained that the defendants.
the dispensary commissioners. were not Off
GERS of Il court In The strict sense; that they
were merely officers TO perform a certain
specific duty. He said that the sum OF
$500 600 was placed in the hands OF the disper-
sary com missioners 10 settle all just liabili-
ties OF the dispensary, and that IL was clearly
u trust fund.
suit against the State and added: 81 have
carefully considered this whole matter and
had | any doubt l would give the defendants
the benrti, OF that doubt md rule In favor OF
the State. There Is no doubt 10 my mind.
however, aud therefore the count takes juils-
dictiou."
Special Mast, rs.
Judge Pritchard said It was his purpose TO
appoint two special masters In bear evidence
and make report on April 6. 1t il under TODD
that these masters Will be appointed next
Monday when the defendants make formal
answer.
IL is understood that the defendants will
appeal from the decision OF the court.
During the hearing today the Paul Jones
company presented q motion that the court
make All order requiring the payment OF lis
claim OF S2l, 100 Nj. Moidecai of Charleston,
counsel for the Wilson company, protested,
declaring that the claim had been allowed ~
consideration of valuable fur
Paul Jones company rejecting on other
creditors and he made the point that the
Paul Jones company was not Il party 10 The
preseut suit and. had not come In and surren-
These Had Confessed.
Attorney General Lyon. on behalf of the
commission, stated that The Paul Jones COM
pany and the ADeuser-BuSch company had
admitted that they had overchargtd the dis.
peusary ahd cheated the State out OF thou
sands OF dollars and had submitted TO the
auditing Of their claims and suggested that
no action he taken until the question OF ju-
risdiction was settled.
Judge Pritchard announced that the court
bad no desire TO provoke a conflict, but at the
same time intended TO do is duty. The Paul
Jones company was allowed 10 have It's claim
certified as correct by he dispensary CON-
mission, and the claim would then be ordered
paid.
pany and other creditors today in the matter
vi n receiver, arguments were made by Z. II.
| Mordecai CT Charleston and Frank Carter of
Asheville on behalf Of the Wilson company,
and by George = Lester and y. +. Barnard OF
the F~leIschmann company, and Attorney
General H. on and Mr. b. l.. Abney OF Column
b,s tor the GiSpensHry commissioners After
which Judge Pritchnrd decided 10 continue
the hearing in this matter until next Satur-
day at IL O'Clock.
Among other prominent lawyers present
REPRESENTING different interests are: Law
renee Maxwell OF Cincinnati. a. j. Carroll,
Louisville; a. A. Lawrence, Savannah; b.
w. ROuntree, Atlanta.
incidentally a feature Invoked which is
creating some inteTeet is whether the repre-.
settatlVes Of the several liquor firms. cred
iiurs OF the dispeusary, will now brave Grim
iuul proceed UE- IN South Caroline end &p
pear before Toe d!speusnry in That State 20
c-r.ify their claims OF whether a hearing Will
he AK I'd for outside Oi South Carolina.
CArlc!r il, amendments TO the Constitution
OF the United Staies.l
The judicial power Of the United States
shall not be construed To CXteDu 10 any suit
in law or tQuity cumIneEred or prosecuted
supInSt one of the United States by citizens
OF another Stale, or BY citizens or subjects o.
iThls is the section referred to yesterday in
Judge Pritchard's decree)