Fort Mill times. [volume] (Fort Mill, S.C.) 1892-current, 1908-02-06
THE STATE WINS.
Judge Prichard Refuses to Inter-
fere in the Dlspssnary Matter.
GRAFT HUNT GOES ON.

State Will Have to Face the Music
or Do Without Their Money That
May BE Owed Them BY the OLD
South Carolina State Dispensary
Authorities.
At Asheville, n. c., on Wednesday
Judge Prichard in the United States
circuit court denied the petition OF
Fleischmann & Co., of New York
and refused to appoint a receiver
for the South Carolina State Dispen-
sary fund of 100000, against which
there are alleged to be claims ag-
gregating 100000.
The Judge made his announce
ment during the afternoon session,
after attorneys for the dispensary
commission had presented their bill
in answer to the sensational charges
made in the Fleischmann petition,
which was filed in this court a short
time ago.
The answer alleges that the claim
of Fleischmann & Co. is unjust and
invalid and that there was collusion
and conpsiracy between the plaintiff
and another firm to defraud the
State and that the State was cheated
out of a large sum of money in each
of the claims made by the plaintiff; /;
it also alleges that Fleischmann &
Co. sold to the State a concocktion
with a mere trace of whiskey.
The answer declared false the al
legation by Fleischmann & Co. that
the commissioners were wrongfully
withholding the money for their own
individual interests. The answer de-
MED as false and maliciouss the al
legation in the complaint which refer
red to conspiracy between Attorney
General Lyon and the dispensary
commission and demanded proof
Shortly after the court convened
for the afternoon session. Judge
Prichard announced from the bench
that he would not appoint re-
ceiver for the dispensary, as he felt
that the funds are now fully protect
ed. He directed the attorneys to con-
fine their arguments TO the question
as to whether this court could as
sumo Jurisdiction. the point being
whether or not this is a suit against
the State. Mr.. ID. l.. Rountree of
Atlanta, for the commission, consum-
ed the remainder Of the afternoon ses
sion in argument to establish the
fact that the State is an indispensa-
BILE party to the suit.
Before the bill of the defendants
was read, Attorney General Lyon OF
South Carolina replied to the allega-
tions made by Fleischmann & Co.
relative to the transfer OF funds from
the Jurisdiction of the court, saying
that the State of South Carolina was
not running away, that the allegation
was false. He read a concurrent res
olution adopted by the house of rep
resentatives Tuesday. In the course
OF the resolution 1T was stated that
the legislature of Souh Carolina In
creating the dispensary commission
did not consent TO suits against the
dispensary muddle.
Just before Judge Prichard an
nounced his decision there was &
sharp colloquy between Attorney
General Lyon of South Carolina and
George b. Lester OF New York and
Alf. S. Barnard. who represent
Fleischman & Co. Mr.. Barnard ask
ed for time to prepare answers tC
the afldavits of the commission.
He stated that the commission hac
invited creditors to come to Colum
bia to prove their claims. But at the
same time it was known that some
dN in IA
office Of the attorney general OF
which the representatives of the
creditors would be arrested, and in
stanced the case of the prepresenta
tive for Ullman & Co, who haC
been arrested, charged with frauC
and required to give heavy bond.
Judge Prichard remarked that /
he took Jurisdiction he would ap
point a master to sift all charges o
fraud to the bottom.
The attorney General in reply t
Mr.. Barnard said: "Of course W
hear this cry from those who hav
defrauder the State. Naturally, whe
I can catch any of these fellows 4
South Carolina, | will arrest them
have no warrant. however. for tn
Fleischmann representatives and
will agree that they shall come I
South Carolina to prove their claim
and depart unmolested." He added
however, that there was warrau
for the representatives of the An
heuser-Busch concern.
Mr.. Mordecai responded that MI
Farnum, the man referred to, ha
left the State on business. But h
would return and meet all charge'
Mr.. Stevenson, counsel for tn
commission. stated there was no IL
tention of inveigling men TO Sout
Carolina for the purpose OF prosec'
tion.
Judge Prichard then announce
that no receiver would be appointe
and arguments on jurisdiction w'
then begun by Mr.. Rountree.