The county record. [volume] (Kingstree, S.C.) 1885-1975, 1908-03-12
rected to the fact that Governor An

rected to the fact that Governor An
sci had sent message to the genel
al assembly of South Carolina urg
ing that such action be taken q
J would put the funds in the hands o
the State dispensarY commission be
youd the jurisdiction of the Fedora
court and that in consequence o
that message there had been intro.
duced ip the general assembly al
extremely drastic bill designed t.
accomplish this end by requiring
the commission to pay over all tn
funds in their hands to the Stat,
Treasurer, and providing that an,
creditor of the State dispensary wht
should seek the collection of hii
claim through the courts, either by
institutlng a new action Heretofore
instituted, should forfeit all claim
upon such funds.
"In our opinion that created q
situation so perilous to the rights of
the complainants that we presented
the facts to the court by affidavit
and made an application ex psrte
for the appointment of a temporary
receiver. Judge Pritchard declined
to hear an ex parte application, and
positively stated that be would not
pass upon our motion In the absence
of council for the commission. Mr.
Daniel w Rountree, one of the at
torneys for the commission, was at
the time in Asheville, and we mott
fled him Of our application for the
appointment Of temporary receiver
and requested him to appeal before
Judge Pritchard at once. Mr. Roun-
tree responded to this request and
upon the situation being explained
and our assurance that the required
notice would be given in Fleisch-
mann suit, if insisted upon, he VOL
UNFAIRLY waived notice of the appll-
cation in the Flelschmann case so
that the motions in both cases could
be heard together and another trip
to AsheYille obviated.
"1'he waiver was written by Mr.
Rountree himself on the affidavit of
Mr. Geo B Lester, upon which affi-
davit our motion for temporary re-
ceivers was made, and is as follows:
'rhe defendants desire to have the
application for the appointment of
a receiver in this case and the appli-
cation for the appointment Of re-
celver in the case of Wilson Dis
tilllng Company etal, vs. W J Muir.
ry etal, heard together, and to that
end without waving any rights the
defendants waived notice of an in
tention to apply for the appointment
of a receiver in the former case.'
This March 6, 1908.
e 'Slgned) j Fraser Lyon, At.
tornoy General, Abney & Muller,
Anderson, Fielder, Rountree & Mill.
er, attorneys for commissions"
"Thereupon Judge Pritchard,
while Mr. Rountree was still present
made an order appointing the five
commissioners temporary receivers
the commissioners being selected in
pursuance of the policy which
Judge Pritehard had Heretofore an
noanced to administer this fund a;
far as possible through the instru-
mentalities provided by the State Of
South Carolina.
"On the following day the matter
came on to be heard upon the mo
ton in the Wilson Distilling Com
pany case TO. the appointment of I
permanent receiver and the simila
motion in the Fleischmann case wa
heard at the same time. There wer'
present at this hearing, representing
the dispensary commission, Mr. W l
Stevenson, general counsel for tn
commission, Mr. D w Rountree, O
, the firm of Anderson, Fielder, Roun