The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-01-31
PRITCHARD REFUSES
TO NAME RECEIVER
DENIES PETITION OF FLEISCH
MANN & CO.
The Question of Jurisdiction the On
ly Matter Considered In Dis
pensary Matter.
Columbia State.

pensary Matter.
Columbia State.
Asheville, N. c., Jan. 29.-Judge
Pritchari in the United States circuit
court today denied the petition Of
Fleischmann & CO. Of New York and
refused to appoint receiver for the
South Carolina dispensary fund Of
$S00,0O0, against which there are al
legged to be claims aggregating $780,
900.
The Judge made his announcement
during the afternoon session, after at
torneys for the dispensary commits
sion had presented their bill in an
swer to the sensational charges made
in the Fleischmaan petition, which
was filed in this court a short time
ago.
The answer alleges tina. the claim
of Fleischmann & Co. is unjust and
invalid and that there was collusion
and conspiracy between the plaintiff
an another firm to defraud the State
and that the State was cheated out
of a large sum Of money in each of
the claims made by the plaintiff; it
also alleges that Fleischmann & Co.
sold to the State a concoetion with
mere trace of wniskey.
The answer declared false the al
legation by Fleischmann & Co. that
the commissioners were wronefully'
withholding the money for their own
individual interests. The answer de-
MED as false and malicious the al
legation in the complaint which re-
ferred to conspiracy between Attor-
ney General Lyon and the dispensary
commission and demanded proof.
Afidavits Read and Filed.
At the conclusion Of the reading Of
the bill, number Of afidavits. on be-
half of the defendants, were read AID
filed.
Shortly after the court convened for
the afternoon session judge Prltchard
announced from the bench that he
would not appoint receiver for the
dispensary, as he felt that the funds
are now fully protected. He directed
the attorneys to confi2e their argu-
ments to the question as to whether
this court could assume jurisdiction,
the point being whether Ct not this
is a suit against the State. Mr.. D. l..
Rountree Of Atlanta, for the commits
sion, consumed the remainder Of the
afternoon session in argument to es-
tablish the fact tina the State is an
indispensable party to the suit.
Before the bill Of the defendants
was read. Attorney General Lyon of
South Carolina replied rc the allie
cations made by Fleisehmann & Co.,
relative 70 the transfer Of funds from
the jurisdiction Of the court, saying
that the State of South Carolina was
not running away, that The allega-
ton was false. He read concurrent
resolution adopted by the house OF
representatives Of South Carolina yes
terday. In the course Of the resolu-
ton it was stated that the Legislature
Of South Carolina, in creating the dis
pensary comission did not consent to
suits against the State for claims
as a result Of the dispensary muddle.
Lyon and Lester Clash.
Just before Judge PIitchard an
nounced his decision there was sharp
colloquy between Attorney General
Lyon of South Carolina and George
B. Lester of New York and Alf. S.
Barnard. who represent Fleisehmann
& Co. Mr. Barnard asked for time to
prepare answers to he sffidavlts OF
the commission.
He stated that the commission had
invited creditors to come to Colum-
bia to prove their claims. But at the
time it was known that some 80
or 60 warrants were ready in the Of
free of the attorney general on which
the representatives of tile creditors
wruld be arrested, and instancea the |