The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-04-14
ORDER SERVED
ON the Dispensary Commission
by Judge Pritehard in
COLUMBIA ON FRIDAY.

Commission Given Five Days to De-
eide as to What They Will Do
1t Is Said They Will Hold the
Fort and Go to Jail Rather Than
Obey Judge Pritchard's Recent
Order.
The Columbia correspondent Of
The News and Courier says the order
of Judge Pritchard granting a sup
ersedeas on conditions was not serv-
ed until Friday when it was received
through the mail by Chairman Muir.
ray, of the dispensary winding-up
commission, and the other members
of the commission, as well as by At
torney General Lyon from the office
of the clerk of the Federal Court, in
Charleston.
The order is dated April and re-
quires compliance within five days
from date of order, not five days from
service. The commission will not give
the heavy bond required by Judge
Pritchard, and will not surrender the
collateral, which requires to be sur
rendered, so that the commission will
be in contempt in refusing to obey
the order to deposit the collateral
with the Federal Court
AS matter of fact the collateral
is not in the possession of the COM
mission, but is with the State Treas
urer, and has been in his possession
for a long time, even before the
books and records of the dispensary
were PLACID in the Treasurer vaults.
So that the commission can make
answer that the collateral is not in
its possession at all, and they cannot
comply with the primary and most
important condition of Judge Prit-
chard's order.
Of course, if Judge Pritchard can
get hold of the collateral he has the
case in his hand absolutely, and, OF
course, the State is not going to sur
render the collateral.
Judge Pritchard may serve an or
der on State Treasurer Jennings, but
it happens that Capt. Jennings is In
Mississippi and not at this time IN
the jurisdiction of Judge Pritchard,s
order.
He is having a pleasant visit out
there and is doubtless not in hurry
to return, unless he is requested to
come home by Governor Ansel. The
Governor will not, however, ask the
treasurer to come back to give up
the collateral, and he will not in
struct any one to give it up, because
the State is going to keep its hands
on the collateral.
These collaterals were deposited as
security for the deposits of the dis
pensary money with the various
hanks of the State, and the banks
will not pay out the money without
getting their securities back. This
point is the milk in the cocoanut'
and tbs State holds the cocoanut.
May Review Case.
The State says an appeal to the
United States circuit court Of appeals
ON some ground is absolutely certain
and when this court meets it will be
presided over by Chief Justice Fuller
of the United States supreme court.
It is believed that the chief JUS
tice will temporarily, q. least, hold on
drastic action until he can hear the
arguments, the appeal having 'already
been perfected.
A dispatch from Asheville to Ine
News and Courier says Judge Prlt-
chard Friday received a letter from
Justice Fuller in reference to the
case, but stated, as it was private
letter. he would not refer to its con-
tents While the Chief Justice IS
considering the idea of special ses-
sion, it is quite probable that no
move will be made in the case mere
or in South Carolina by the recelV-
ers.