The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-03-13
WHAT ATTORNEYS SAY
ABOUT PRITCHARD.
Lawyers for Creditors 'of State Dis
pensary, All Democrats, Assert
Question of State Rights not
Involved in Receiver
ship Proceedings.

Involved III Receiver
ship Proceedings.
The State.
Ashcville, N. c., March 9.-Mcssrs.
Frank Carter and Alfred S. Barnard,
two OF the attorneys representing the
Wilson, Distilling company and the
tlriichmam company in their suits
against the South Carolina dispen-
'";.% commission. yesterday gave ouS
Following statement in reply to
published interviews by Attorney
'~""rral Lyon Of South Carolina and
w.. W. J. Murray. chairman Of the
dispensary commission:
"Our attention has been called to
an interview published III the news
papers,, given out by Hon. j. Fraser
Lyon. attorney general Of the State
OF South Carolina, in which he is
quoted as saying in reference to Judge
P~ritchard's appointment Of temper
AIRY receivers i'll the South Carolina
dispcnsary eases: { regard The entire
proceedings as without precedent,
and as Il most outrageous disregard
OF the rights Of the State of South
Carolina. II is founded upon no
sound authority. His conduct in ap-
pointing receivers on The day before
the motion for The appointment Of il
receiver WAS to be heard in accord
ance with the formal order which he
passed was Il most wiIful disregard Of
the rights of the State and we were
thereby denied our day in court
"Our attention has also been called
TO an interview in the Columbia State
with DR.. w. J. Murray. chairman Of
the State dispansary commission. in
which he is quoted us follows: Our
attorneys art now in Ashcvilla wait
ing to be heard tomorrow Saturday
and it is indeed a strange move that
this judge should 60 TO work and ap-
point receivers before the case is
heard and our attorneys had a
chance to submit a]r1umeats.'
iItSt - tlfllitlllN ult 81 Nltlc bl
The truth and in our opinion do
Judge Pritchnrd SO great an injus-
ti"e we feel called upon TO submit to
the public Il full statement of just
what occurred.
"On Friday NJ attention was di-
rccted IL The fact that Gov. Ansel had
sent a message TO the general assem-
bly, Of South Carolina. urging that
such action be taken as would PIT
the funds now in The hands Of the
State ~diSpensary commission beyond
The jurisdiction Of the federal court
and that in consequence Of that mes
sac" there had been introduced in the
general assembly an extremely dras-
tie hlI! designed TO accomplish this
end by requiring" The commission TO
pay over nj! The funds in their hands
I" the State treasurer and providing
that any creditor Of Inc Stat, dis
prn&nry who should seek the collcc-
ton Of his claim through the court.
either By institutinm n new action or
by pln.ccntin% any action thrretn-
fore instituted. should forfeit Ill
claim upon such fund.
SIN our opinion thar crcnicd Il SIT
llation 80 pcrilouS to the rights Of the
""mnl0innntS that We presented the
Facts 20 the. court by affidavit and
made an application cx partc for ina
appointment of a Temporary receiver.
Judge Pritchari declined to hear an
eX partc application and positively
stated that he would not pass upo:l
our motion in The absence of counsel
for the commission. Mr. Daniel w.
H"nntrcc, n Of the attorneys for
the commission, was at the time in
AShcvili2 and We notified him Of orr
application for the appointment of a
temporary receiver and requested
him to appear before Judge Pritchard
at once. Mr.. Rountrce responded TO
this request and upon the situation