The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1908-02-05

from turning the $S00.000 fund into
tbs State treasury, which was obtained
Dec. 81. will continue in effect. The
c"mniissd'.n. however, can pay approy-
Cd claims or creditors IL it so desires.
Judge Pritchard. by consent of all
parties, Issued an order that the dis
pensasy commission might use $4,000
cf the fund in question for necessary
expenses. The court stated that It
would sign an order indicating airy
bank from which the commission
might wish to draw this sum.
Today's hearing was entirely free
from personalities. counsel for both
sides confining mselves to argu-
ments in tho case.
Argument was closed this afternoon
In Tho case Of Fleischmann & Gu. and
the Wilson Distilllng company again
ST the South Carolina State dispen.
sary commission. and Judge E'ritch.
ara lock tho case under advise
ment to review some Of the enthor-
tties quoted by cousel and may not
render a decision until the middle of
next week. He gave gave no intina-
ton Is to whether Me would assume
jurisdiction in the case, but as a mat
ter q law the order restraining the
comTission from turning the $780,
600 lfund into the State treasury.
which was obtained Dec. 21 by Frank
Carter aud T. NJ. Mordecai for the
Wilson company continues in effect,
1t, however. allowing tho commission
to pay approved claims or creditors il
It wishes.
Judge Pritchard yesterday. by con.
sent OF all parties, made an order
that the commission might until fur
ther orders be allowed to use $4,000
CT the fund for necessary expenses,
and said. that he would sign an or
der indicating any hank from,
which the commission might wish to
draw this sum. 1t is probable that
the Loan and Exchange of Columbia
will be designated.
Judge Pritchard has several times
asked during the argument of counsel
whether they thought the court could
administer the fund unless the State
OF south Carolina was a party. in
ether words. whether or not South
Carolina was an Indispensable party
and tEis may serve to indicate. that he
attaches much Importance to this
point and not so much rerhaps to tho
claims that the suit is against a STATE
or that the commission is a court as
| argued by the commission ncr's counsel
IL the State be indispensable party
or the suit be held to he one against
the State, jurisdiction will not be TAX
en- because a State can not be sued
! "ithoht its consent. unless the conten-
tion CT plaintiffs counsel that by the
act creating the commission the State
Fad waived its immunity OF privi
ledge be held to be well taken.
In fact it was to this contention
that Alfred s. Barnard for Fleisch.
mann & Co. directed much of his at.
tention in closing his argument to.
day. His address was a strong one
well fortified with citations from an.
thorities.
Mr.. B. L. Abney Of Columbia ar.
gued at length for the State in 4
most able and comprehensive man.
ner ard concluded at A o'clock.
Judge Pritchard after stating tc
Mr.. Abney that If the court discover.
ed at any stage Of any pleadings tina,
State was party without it's con.
sent to suit, it would Of it's own
motion take notice OF lack OF turisdic.
tion.
| Ihe judge asked if the State could
not have put the money into the
treasury and so removed any doubt
| but as 1t did not do 50, if this did o,
did not indicate that the State treat.
ed the money az not absolutely it,
| own.
The Judge then asked, Suppose
the fund was diseipated by the com
missioEers, what then would be the
remedy Of creditors?" The speake,
replied that the creditors must pre.
ceed only AS the statute directs and
Wnen they did II would be time to
consider their equities in such case
The court was asked, he said. to
usurp INC functions and discretion
vested In certain body and subst!.
tute therefor it's own--to substitute
| lis Judgment for that cf tn. commits.
sion.
AT the very close Of Mr.. Abneys