The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-09-18

necessary party to suit brought to
compel the trustees to discharge their
duties. The position appears to be
that the agents and representatives
of the debtor should constitute trl-
bunal absolute in its character to
arbitrarily pass upon what, ifanything
is due an alleged creditor, and if a
claim be adjudged invalid to put an
end to it without further opportunity
for redress on the part Of the credl-
tor. To uphold such contention
would be to deprive such creditor
of his property without due process
of law.'
The State Liquor Dealer.
The court further announces that
Gin the conception and adoption OF
the eleventh amendment it never
entered the minds Of the fra
mers Of the amendment that a
sovereign State would engage IN the
liquor business and become trader
by buying and selling al article to
common traffic in competition with
the citizens of the country. It may
be questioned. therefore, whether the
State Of South Carolina was exercls-
ing a governmental prerogative in
performing a function necessarily or
properly incident to its autonomy as
as a State. y
In reference to the provisions of
the 11th amendment Judge Boyd uses
the following language:
Undoubtedly the l1th amendment
was intended to prevent the federal
court in suits prosecuted by citizens
of another State or citizens or sub
jects of foreign State from inter-
fering with State in the process Of
its autonomy. in maintaing its own
system Of self government so long as
such system is in harmony with the
constitution of the United States. TO
this end, therefore, the funds Of the
State in its treasury, or held by its
officers or agents for use in the ad-
ministration Of the governmental af-
fairs in the State are not to be at
fected by the process of a federal
court, nor can such court entertain
jurisdiction of an action which has
for its purpose the invasion Of the
rights of the State to manage and
control its internal affairs or of an
action which will obstruct the State
authority or impair the State instru-
mentalities in the discharge of legit-
innate functions in the maintenance
of the States integrity. To be more
concise, the constitutional limitation
is to the effect that the courts of the
United States cannot entertain jurls-
diction in an action at the instance of
citizen who seeks to recover as
against the State the property be-
longing to the State, or the purpose
of which is and the result of which
would be. to disturb the legal and
orderly administration Of the States
internal governmental affairs by its
duly appointed officers and agents. y
The Commission not a Court.
As to whether or not the dispen-
Sary commission is a court is briefly
considered. Judge Boyd cites the
constitution Of the State of South
Carolina. providing for the establish
ment Of the different courts Of the
State, the court holding that while
it is true that the commissioners
were empowered to investigate the
transactions connected with manage
ment and control Of the State dis
pensary before its abolishment, they
were not empowered to determine
any issue Of fact, enter any judg-
ment or conclude any party that
might be investigated as to any right
or interest involved.
Judge Boyd then refers to the opin-
ior Of the supreme court Of South
Carolina deciding that suit against
the dispen<ary commission was suit
against the State. ''The South Car
olina supreme court says the judge,
sis entitled to and has our most pro-
found respect. but we do not feel en-
titled to adopt the construction given
by that tribunal to the statute of
South Carolina. The law governing
Us is we'll settled in the case of Bur