Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1908-03-18
SOUTH CARoLINA ON rop.
SGpreme Court sustains the Attorney
General in Dispensary Natter.

IN Columbia, March 14.The SUI
preme Court has upheld the position
of Attorney General Lyon, and in an
opinion fled this afternoon talee the
ground that Judge Pritchard has no
jurisdiction over the dispensaryg 4
funds or the dispensary commission,
that his Injunction is null and void.
The opinion covers "a pages of type
written matter and Is an exhaustive
review of the law covering the entire
dispensary matter 1t Is written by
Associate Justice Woods and is con-
Cured in by all the court.
Concluding his opinion Justice
Woods says: X u &. q y ~ Il
I'VE hold that the State has not
consented that any court should adj
Indicate the debts set up against IT
for liquor sold to 1t, nor has It con-
sented that $S00,O00 of the public
funds held by its fiscal officers shall
be administered by any court, and
risdiction to pass the order restrain
ing the respondents from paying out
such funds. The author OF injunc-
tion of the Fedora Court, therefore,
affords no legal protection to the de-
PENDANTS and their return is adjudg-
ed dinsufficient. The Judgment OF this
court Is that the petitioners are en-.
titled to a writ of mandamus from
this court requiring the respondents
constituting the State Dispensary
Commission to pay from the funds I'm
their hands to the State Treasury
the sum of fifteen thousand dollars
for the use of the Attorney General,
as provided for by the statute of the
State, approved February "a, 1905.
1T is we'll recognized principle, how
ever, that the United States Supreme
Court itself follows the decision of
the State Supreme Court in the con-
struction of State constitutions and
statutes, and, of course, this rule is
binding upon the Circuit Court of the
United States. This court will not,
therefore, assume that the construc-
tion which it has placed upon the
State constitution and the statutes
question will be sdisregarded by the
Federal Court. The issuing of this
peremptory writ OF mandamus is
therefore left in allegiance until the
further order Of this court"
State Ofi1cers Pleased.
Columbia, March 18. There is no
mistaking the fact that the members
of the State administration are feel
Ing good over the decision OF the
State Supreme Court rendered Satur-
day afternoon on the mandamus Pc
tition of Attorney General Lyon,
wherein the court sided in vigorous
language with every principle of law
contended for by the Attorney Gene
raj In the contest between the State
and Judge Pritchard over the dispen-
sary funds in litigation. Attorney
General Lyon and Attorney w. r.
Stevenson, associated with him, to-
day expressed themselves as much
pleased with and gratified at the de-
cision. 1t was everything that they
could hope for, and Governor AnseI
has given expression to like senti-
ment. Before the opinion came out
the attorneys for the State, when
their attention was called to rumors
from Greenville that the other side
was looking to compromise settle
ment of the differences between State
and Federal authorities, said that the
State would not move an inch toward
any sort of compromise whatever,
and the decision has certainly not
caused them to change their attitude.