The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-01-03
COMMISSION ENJOINED.
State Dispensary Funds Tied Up by
Judge Pritchard-A Peculiar
Mix-Up in Claim.
Columbia State, 1st.

straining them from paying out any
Of the funds of the state dispensary
or turning same over to the state
treasurer. The injunction is tempor-
ary ana the commission is ordered to
show cause before Judge Pritchard
in Asheville on Jan. II why the same
should not be continued until fin
al hearing is had Oh the complaint
filed in the case.
The restraining order was issued
in Asheville on Monday, filed in the
office Of the clerk Of the United Sta
tes circuit court in Charleston yeSter-
day and by him transmitted to the
commission in Columbia by wire. 1t
is made on camplaint Of Messrs. I.
NJ. Mordecai, Frank Carter and H.
C. Chichester, attorneys for the Will
son Distilling company, whose claim
against the state dispensary amounts
to about $4,000.
Tae serving Of this injunction,
while being treated very lightly by
the commission, came as a surprise
for the reason that a committee was
before the commission at the time
with power of attorney in their pos
session from the Wilson Dlstllllng
company, authorizing them to ad-
lust their claim. with the commission.
This committee consists Of Messrs.
Geo. B. Lester of New York. S. N.
Babbett Of Louisville, KY, ald W.
E. Hull of Peoria, Ill. They repres-
ent in the neishbornod of $5OO,OOO
Of claims against the state dispen-
sarv. Their power Of attorney from
the Wilson Distilling company was
dated Dec. 26. just five days ago,
Yesterday, and was signed by Mr..
Ul!man, vice president.
This appears to be a very unusual
mix-up and the committee mention
ed above could give no explanation
Of the Wilson Distilling company's
action.
Hon. W. F. Stevenson, special at
torney for the dispensary commits
sion, is not worried on account Of the
injunction secured by Mr.. Mordecal
and 1is associates. He is busy just
now preparing the report Of the COM
mission to be submitted to the COVER
nor.
The Order of the Court. ..
The order of the court is as fol-
lows:
I'm the circuit court Of the United
States for the district of South Car
olina. In equity.
"Wilson Distilling company, COM
plainant, VS.. W. j.. Murray, John
McSween, B. F. Arthur, c. K. Hen
derson and Avery Patton, defendants.
Order;
"Upon hearing read the. verified
bill Of complaint herein, praying for
an injunction restraining the defend
ants, W. J. Murray, John MeSween,
B. F. Arthur. c. K. Henderson and
Avery Patton, their successors, agents
and attorneys, from paying over or
disposing Of the funds in their hands
as commissioners for the purpose OF
winding up the affairs Of the state
dispensary Of the State of South
Carolina to any creditor or to the
rpuhhc treasurer Of said state until
- the proper amount due each creditor
shall have first been duly ascertain
ed and determined, as the court may
direct, until the final hearing herein,
and it appearing therefrom that the
said defendants may proceed to pay
out and pay over said funds, to the
damage Of the complain
an. Unless restrained tncGefrom:
. "t1ox, in consideration thereof,
-! upon motion of T. NJ. Mordecal,
rank Carter and H. c. Chichester,
solicitors, for the complainant, it is
o1dc1ed that said defendants, their
Successors, agents ard attorneys, and
each and every one &C :hem be, and
thy are hereby, restrained from
paying over or aisposing of the
funds in their hands as aforesaid to
any creditor Or to the public trzasur-
er of said state until the proper
amount due each credito: hail have
fist be-, ascartained and de:ermln-
RI. - tb. .cr:t may direct, until the
"A1d it is further ordered tnaS
said defendants be, and they are
hereby required to show cause, II
any they have, before me, on the llth
day Of January, 1908, at the United
States court house in Ashevilte, IN
IL. ,C4,+o of North Carolina at lU