The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-05-07
'D|SPENSARY MAY
PAY ITS DEBTS.
Court Allows Commission to Use
Sum Not to Exceed
$4,000.
ORDERS ENTERED YESTERDAY
Defendants Counsel Protest
Against Heavy Bond Required
by Judge Pritchard.

! Although the famous South Carolina
dispensary cases will not be heard on
| their merits until some future day dur
| ing the present term of the United
| states Circuit Court of Appeals now
sitting here. Judge Jeter G. Pritchard
OF North Carolina, who granted the
recelvershp petition, yesterday entered
| two important orders in the matter.
The first stays all further proceed
| ings under the original orders appealed
! from. so far as they relate to the re-
| ownership created thereby. until tile
| final determination of the appeal upon
the execution OF an approved bond for
| $4,000 by the petitioners. 1t Is noted
at the end Of the order that the de-
| fendants counsel protest as to the
amount OF the bond required. The Sec
| ond modifies the original order grant
| ing the receivership petition, so as to
| permit the dispensary commission to
| draw upon banks where the funds OF
| the dispensary are deposited to al,
amount not exceeding $4,000. with
| which to pay certain outstanding
debts incurred by the commission III
the administration of their trust and
to meet necessary expenses.
When the case comes on for final
hearing. Chief Justice Fuller, OF the
United States Supreme Court. VIII sit
as member Of the court instead of
Judge Pritchard. the latter being dis
qualified on account of having passed
upon it In the court below.
As to the Bond.
The first order OF Judge Pritchard.
relating to the bond OF the petitioners,
is as follows:
In the Circuit Court of the United
states for the District of South
Tn
Tie Wilson DistillinE Company ct nj.
VS.. w. j. Murray and others, and
the. Flcischmnnn Company vs.. w.
j. Murray and Observation-Disclosures
cases.
The solicitors for the respective par
ties appearing before me mt my request,
and 1t being made to appear to me that
the order heretofore granted on the
sth day of April, 1905. should he nodl-
fed, 1t Is now, on the courts own mo-
tion
Ordered, That the said order of the
Sth day of April. 1905, granted by me,
be, and the same IN hereby, modified
aud amended so as to allow the super
Sedcns to the said receivershfp upon
the filing by the petitioners, or on their
behalf. within ten days OF the date
hereof, with the clerk of this court OF
good and sufficient bond to be APP
proved by this court, or a Judge there
of, In the sum of $4,000. payable to
the complainnnts herein, to the effect
that II the said petitioners shall pros
ccute their appeal from said interiors;
| tory orders and answer NIL damages
and costs II they fail to make good
| their plea or the orders appealed from
| shall be affirmed, then the said oblign-
| tfon to be void, or else remain in full
force and virtue.
And 1t H. further ordered, Tint upon
the filing of such bond by or on be-
half of the petitioners within the said
time. all further proceedings under the
orders appealed from, so far MS they
re1nte to the reccivcrship created
thereby. be. and the same nre hereby,
stayed until the final determination of
said appeal.
And 1t Is further ordered, That this
order shall not in any way affect the
Injunction heretofore granted in this
cause, md TINT said Injunction shall nt
NIL times be and remain In full force
and effect pending said appeal.
The defendants counsel protest as to
the amount of bond required.
J. c. PRITCHARD,
United States Circuit Judge.
At Rich mond, May 6, 1905.
May Pay Expenses.
With reference to releasing $4,000
to be expended by tho commissioners.
az indicated above. the court, after set
ting out the necessity therefor. directs
that the following order be entered:
at Is. on motion of q. l.. Abncy. So
licitor for defendant State Dispensnry
Commission.
"Ordcred. Tint the injunction hereto
| fore issued by us md now of force
nHninst said state Dispcnsnry Commik-
sion and the bnnks In which said funds
arc deposited he so notified na to re-
| lease from the operation thereof 80
much of said funds MS amount to
%25,o00, and the said commission may
mt sHch times and upon such of the
hanks as they may select Withdraw
tbcrefrom such amount, md said banks
may herewith pay to the said comnls-
sioncrs, upon checks made by them said
| amount
at tx further ordered, That the grant
ing OF this order md any action TINT
the Stntc Dlspcnxnry Commission may
take under it's terms shall not be con-
strucd ms c0nscnting to the Iurlsflict lon
OF this court In tho above causes by
the state Dispcnsnry Commission or
that the objections heretofore taken by
the said State Di~pcn.ury Commission,
or other defendants, or It's attorneys,
shnll be construed ms ,vai>inE my OBJ
lection TINT they might have heretofore
made to the imrlsdiction of this court
or amy objection they now make to sntd
inrisdlcticn."