The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-03-17
ATTORNEY GENERALS VIEW,
Replies to Interview o. Car.sr ,~d
Barnard With Letter From
MI. Rountree.
EoEumbia State, 14th.

EoEnmbia State, 14th.
n statement given out in Asha-
VILE by Mcss:s. Carter and Barnard,
representing the liquor interest, On
Attorney General Lyons comments
on Judge Pritolord's action in ap-
pointing receivers for the dispensary
fund, has called forth some interest,"
ing talk from the ATTORNEY general
and the production Of a letter from
Ar. Daniel w. Romtree. one Of the
attorneys associated with the attor-
ney general, which throws new light
on the situation in Asheville las;
Saturday and explains the move of
tile 'llGuor houses when it was rumor-
ed that the general assembly might
fake some action defeating the liquor
interests and preserving the rights Of
the State in the suit.
1t will he recalled that Carter and
Barnard stated in an interview, pub
llsllcd IN the State last Tuesday,, that
Mr.. Lyons dcmnciation of Judge
Pltchard's action was a grave in
justice I" the United States Judge.
Thc interview Further stated that af-
ter hearing Ct possible action by the
legislature the situation was ESQ Sci
lous to The I2nts> Of tllc complainants
that we presented the facts TO the
court by affidavit and make an appli-
cation OK partc for the appointment
0f a trnb,D, 10 ,.,- r,.nt,n, I,1r, DAT
chard declined to hear an cx partc APP
plication and positively stated that
he would not pass upon our motion
in the absence Of counsel for the COM
mission. Mr.. Daniel w. Rountrce. one
OF the attorneys for the commission,
was at illc time in AShcvil!t and we
notified him OF our application for
the appointment "f temporary re-
ceivr. Hnd requested him to appear
before Judge rritchard at once. Mr..
Rountrc1 responded to !hiS request
and upon lac situation being explain
Ell and OUR assurance that the re-
qfired notice would be given in the
Fcischmann suit if insisted upon, he
voluntarily waived notice of the ap-
plication in the Flcischmaan ease so
that the motions in both. eases could
be heard together and another trip
to A~$hevillc obViatcd. This waiver
was written by Mr.. Rountrec him
self on the affidavit Of Mr.. Geo. b.
Lester upon which affidavit our mo-
iron for temporary rcecivers was
made.
'Thcroupon Judge Pritchard. while
Mr.. Ronntrce was still present. made
the commissioners temporary receiv-
ers, the commissioners being selected
in pursuance Of the policy which
Judge Pritchard has heretofore an
nounced to administer this tund as
lar as possible through the i~nstru-
mentality provided by the State Of
South Carolina.
"On the followin" day the matter
came up to be hcard upon the motion
II the Wilson Distilling company
ease for the appointment of a per
mnncnt receiver and the similar mo-
ton in the Fleischmann case was
heard at the same time.'
The interview then concluded with
the statement that no question of
State rights was involved, the attor-
neys being Of the same political par
tv as The attorney general.
Mr.. Lyons Reply.
Mr.. Lyon. after receiving a letter
FROM Mr.. H"nntreH yesterday. called
attention to tle Asicville 81 statement.
"I'he statement Of Mpssrs. Garter
and Barnard, III reference to my
criticiSm Of Judge Pritc!mrM, will.
appearing very smooth on the SUI
face is i"lccd the essence OF deceit
and q wilful attempt to falsifv the
ISSUE. If tn" statement Of Mr.. D. W..
Rountrea, one of the attorneys for
tho commission, is correct,n said
MIR. Lyon. Mr.. Lyon then produced
the following letter, wh;cl, hc believes
absolutely correct:
"Shortly after MY arrival at
Ashevillc ON Friday afternoon was
notified to appear at Jarlge Pritch-
ards Offices. Judge jPritcharl an
n"unced, IN effect, that III view Of
the pending bill before the lcgislaturA,
he had concluded to appoint tempor-
airy receivers that day. [ protested
against This action, and called altsn-
ton to The fact tiat The hearing was
assigned FOR Saturday. Realizing,