Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-01-31
TO HEAD OFF THE eRAFTERs.
House Acts Promptly; But: Senate
MANAGES to Defeat the Proposition.

Manages to Defeat the Proposition.
When the liquor houses having
claims against the state began to real.
ize how much the dispensary winding
up commission knew Of their crooked
dealings and that they would not be
able to collect any money until after
they had shown by their books that it
was really owing, over and above
overcharges and rebates, they ran off
to Ashevile to put the matter in the
United States court under receiyership
proceedings. AS the best way Of block
ing this game, Governor Ansel and
Mr.. Lyon decided that 1t would be the
right thing to have the general assem-
blv pass & concurrent resolution reas-
serting the status Of the commission
as an agent Of the state, and affirm
ing that the state had not thus given
permission to anybody to sue 1t.
The matter was placed before the
general assembly in a special message
from Governor Ansel, and the follow
ing was on last Tuesday Simultaneous
ly introduced in the house and senate.
Whereas an act was heretofore
passed by the general assembly, abol-
ishing and discontinuing the state dis
pensary, a department Of the govern
ment Of the state of South Carolina
and whereas an act was passed pro-
viding for winding up the affairs of
said department and providing for the
appointment of a commission to take
into it's custody for the state, the as
sets of the state dispensary, to pass
upon and adjudiciate all claims that
might be presented, and to pay all la
bilities that might be adjudged by said
commission to be just, and whereas
the said commission Is proceeding
with fidelity, expedition and diligence
in carrying out the will of the legisla-
ture in collecting the assets Of the dis
pensary, and in passing upon and ad-
Indicating all claims against the state,
and whereas there Is now litigation
pending as to the funds, belonging to
the state and now in the hands Of said
commissioners; therefore be 1t
Resolved by the senate, the house
Of representatives concurring:
Section l. That in creating said
commission it was not the purpose Of
the legislature to consent that the
state might be sued by persons or cor
porations holding claims against the
state for goods furnished the dispen-
sary, and If said act Is capable Of be-
ing construed as giving It's consent to
suits against the state, such consent Is
hereby expressly withdrawn, and the
attorney general Is hereby directed to
claim this immunity in any litigation
now pending or hereafter brought
against the state, or against the state
dispensary commission, which is the
officer and agent Of the state.
Section 2. That in creating said
commission 1t was the purpose of the
legislature to appoint the commission
ers, officers and agents Of the state,
for the purpose of performing the
functions Of the Legislature to investi-
gate the claims against the state and
to pay such claims as they find to be
just and correct, and the said commits
sion are responsible only to the gener-
al assembly of the state Of South Car
olina for the faithful performance OF
their duty.
"Re 1t further resolved, That it was
not the intention of the legislature to
create trust fund Of the assets of the
dispensary for the benefit Of any per-
son or persons or corporation or cor
porations nor to impose any lien OF
any kind thereon.
BE 1t further resolved, That the
general assembly hereby expresses its
appreciation Of the progress made by
said commission in the discharge OF
it's duty under the act creating the
said commission, and approves Of the
policy Of the commission to require ali
parties with claims to produce their
books, papers, documents and corre-
spondence in regard to all their trans
actions heretofore had with the dis
pensary, as q condition precedent to
the consideration Of such claims by
the commission"
The resolution passed the house
unanimously; but in the senate 1t met
with violent opposition at the hands
of Mr.. Blease the law partner of Mr..
H. H. Evans, former member OF the
board Of dispensary directors. Mr..
Blease seemed to side with the whis-
ky house claimants, and suggested
that there should be an investigation
of the winding up commission. The
resolution would have probably pass
ed. Mr.. Blease however availed HIM
self of the privilege Of objecting to
Immediate consideration, and it had
to go over twenty-four hours. In the
meantime some strenuous work
was done pulling the senator's who had
stood for the old state dispensary In
line, and on getting the floor Wednes-
day morning, Mr.. Blease announced
his intention to talk the resolution to
death. That meant that he would talk
until it was too late for the resolution
to have any effect at Asheville. After
Mr. Blease had talked some hours the
resolution came to a vote and was
killed 10 to 18.