The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-03-06
LYON WANTS N
Asks Supreme Court to Require Com
mission to Furnish Him $4,000
Appropriated by Legislature.

h'tHtc Ill lHe ItlSdtloI OFcE TIC olaCc
lispensary fund, it was decided to
request Il hearing before an extra
term Of the South Car,lini supreme
court IN order 20 obtain a decision Oh
the availability Of the $4,000 given
for the prosecution Of the "graft
cases.' Chief Justice Pope, after
Nearing the arguments made by At
: torney General Lyon, issued an or
der for a hearing on the question OF
ordering the payment Of this money
to the attorney general under the act
of the legislature.
The hearing was had on Wednes-
day. The court was not yet announce
ell it's decision.
1t will b. recalled that the order
I issued by Judge Pritchard Of the Unit
ed States circuit court last Friday,
decrced thai the fund is subject to
jurisdiction by the courts, and the
commission is therefore liable for
suits and such action as might be
drought by corporations or indivi-
duals. This, it is argued by the com
mission, ties up the disbursement of
the $4,000 appropriated for the
prosecution Of the cases, and after a
conference yesterday Attorney Gen.
eral Lyon presented the following pc
titioa to the supreme court:
"Thc State Of South Carolina ex rel.
j. Fraser Lyon, attorney general,
petitioner, VS.. w. j. Murray ct al,
as State dispensary commission,
respondents.
"1. That by an act of the general
assembly an appropriation Of $4,000
WAS made for use by the attorney
general, the commission being direct
ed to turn the same into the State
treasury.
"2. That the State treasurer has
made demand for this money and the
commission has refused to comply
with the act; therefore The petition
er presents a petition for mandamus,
commanding the commission to turn
over the said fund in accordance with
the terms of the act.
go. The money is appropriated for
the purpose Of conducting criminal
prosecutions that have been or may
tbe commenced against any person or
! persons charged with violation Of the
law in any manner connected with
the LATE institution called the State
~dispcnsary, and is necessary for the
loffornn1r o.nporo1 - thu ooplIot rf
such proceedings; that the failure of
the commission to burn over the mol
ey, is obstructing the course Of JUS
tice in this State and unless made at
once the prosecution will be serious
ly impeded. The petition further
4 states that the commission gave as
! their reason for refusing to comply
; with the statute hal Judge Pritch-
ard had enjoined them from paying
'out or interfering with the funds re-
ferred to-.
"5. That tire cases referred to by
the commission have been pending in
the United States circuit court since
October, 1907, and various temporary
HhJ'hStloIS IllN ltSlldlllllS OCucIS
nave been served which have hinder
ed them in discharging their duties
under the act Of 1907. Therefore,
your petitioner prays, that in order
that a full adjudication may be had
upon the questions presented by the
said petition for mandamus, the hon
orable chief justice do order the SUI
preme court to v on the fourth
day Of March, 1908, or at some day
convenient to the justices Of said
court, to near and finally determine
the questions presented by the plead
ings in the above-statcd cases.'
The return of the commission in
cludes a copy Of the order filed by
Judge Pritchard and the testimony
(which, it is charged, tied up the
funds and prevented the distribu-
ton Of the money and the answer to
this return is as follows:
"The petitioner herein replies to
and travcrses the answer and return
of w. j. Murray ct al.
81. AS to the objection raised that
they II restrained from paying out
or interfering with the State dispcn-
sary funds, by order Of Judge Pritch-
ard, the petitioner joins with the re-
%spondent and alleges that the petition
in the case Of the Wilson Distilling
company and in the ease Of Flcisch-
mann & Co. aaginst the dispensacy