The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-03-03


"IE"vin" deprived IT'S clrlzcns OF
! the rl2:lt To engage in This particular
lInr OF business. rrScrviAw the right
to monopolize the business through
is agents appointed for that pur-
pose. il w"ull be manircstly unjust
tn permit the State. un,ter any cir
cHM:t"ncrs Whatsoever to avoid the
payment of debts contracted by the
purchase Of goods from the sale Of
w''ch il has derived profits.
81 have considered carefully this
whole matter and had I any doubt |
would give the defendants The bc1c-
I'll Of that doubt and rule in favor of
t'he State. There is no doubt in my
mind, however. and thcrcfore the
coHrt takes .juris,liction.
Judge Pritchard said ii was his
purpose to appoint two special mas
tcrS.
1t was stated that these masters
would be named Monday. when the
defendants made formal answer. The
would appeal from the decision of
the court.
The Paul Jones Company present.
ed Il motion reuucSlin" the court To-
make IN order requiring the pay
ment of its claim of %2l 900. stating
, that the claim had been passed by
the commission. Mr. Mordecai. of
Charleston, WAS on his feet in an in
Stant, prot esting. He declared that
the claim had been allowed in consid-
Grafton Of valuable information fur
nished the dispensary commission by
the Paul Jones Company. Counsel
for the Wilson DistiHing company
made the point that the Paul Jones
company was not Il party to the suit,
and had not come in and surrender
ed itself to the jurisdiction Of the
court.
Attorney General Lyon. at this
point, arose and said that the Paul
Jones company and the Anhcuser
people had admitted that they had
over-rhar|cd the diSrensary and in
effect cheated tna State out of thou
sand; Of dollars: thai they lad sub
mittcd t" the auditing of their claims.
tle said that the AnhcuSer people
had been directed to nvcr-char~c bv
one Farnum of Charleston.
The attorney general referred to
the determination Of the State to ap-
Peal. and suggested to the court il
effect that in order to avoid any un-
seemly clash between the State and
Federal authorities "your Honor re-
frain from ordering any specific acts
to be done until the question OF iur-
lsdiction is settled.'
Judge Pritchard to this suggestion
made reply: "This court is not Yoia"
to do anNthin" to provoke conflict.
but at the same time The court is
going ahead and do its duty.'
Judge Pritchar,l said there was no
necessity or reason for Il recurrence
OF the unfortunate incidents which
occurred in North Carolina last wear.
Tie said that this Court IS as muca
South Carolina ccurt as any court,
and incidentally that it is presided
over by a Southern man.
Judge Pritchard instructed the
Paul Jones people 10 have their claim
certified as correct by the dispensary
commission, stating that the court
would then order the claim paid.
Judge Pri! chard remarked that he
wished all the claims could be adj
Justcd at once, that they might be or
dcred paid. After the cour, had am
tlon in the dispcnSary matter the
Wilson ease was called up.
ease was called up.
The case came ol for hearing" ON
petition of The Wilson Distilin~ com
pany and other ere ,irors against the
dlSpcnSary commission for the ap-
polntmcnt of a receiver ror the $500,
600 dispensary fund.
The application for receiver is
made on the ground Of alleged breach
Of trust
II was agreed that th Il hearing 90
over until next Saturday. when areu
mcnt on the question Of the appoint
ment Of receiver will be heard by