Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1908-03-11
THE DIspENsARY RECEIVERS.
Jos. "A. Mccullough, @. X. Henderson
and B. +, Arthur Accept.

anu ID, ~, arthur Accept,
Asheville, NJ. O., March t7.-Judge
Prttchard to-day In the United States
circuit Court ON petition of the VIII
son Distilling Company. general
creditors bill.appointed Hon. Jos. Al.
iof Greenyille, C. X. Hen
derson of Aiken. and Is. f. Arthur,
of Union, permanent receivers for the
$S00,000 South Carolina dispensary
fund now In the hands of the COM
missionerss A bond OF So 600 each,
was fixed. Messrs. Arthur and Hen
derson are members OF the commits
sion now winding up the affairs of
the late State dispensary. q.
In speaking of the appointment of
the permanent receivers, Judge
Pritchard said: s&
HThe Court yesterday, on the ap-
plication of counsel, so entered
an order appointing the defendants
Murray, McSween, Henderson, Ar
thur and Patton temporary receivers.
These parties were notified of their
appointment and replies from four OF
them have been received. w. j. Muir
ray and John McSween decline to
serve; B. r. Arthur and G. K. Hem
derson accept the appointment and
L
No response has been received from
Patton. Ss4
These gentlemen were appointed
receivers upon the theory that the
Court was anxious to adopt the in
strumentality provided by the State
in this instance for the administra-
tion of the trust fund in their hands,
but inasmuch as the majority of the
commission have either declined or
refused to Indicate purpose to
serve, the Court has decided to ap-
point Hon. Joseph A. Mccullough, @.
X. Henderson and b. f. Arthur per-
manent receivers for all the funds
and property In the hands OF the de-
tendants constituting the State dig
pensary commission.
'"The Court regrets exceedingly
that any, of these defendants should
have declined to accept the appoint
mepts, feeling as 1t does that their
acceptance would have been in har-
mony with the State under which
they were appointed"
Disregard Of States Rights.
Augusta, March 7.-When Attor-
ney Gene raj Lyon. of South Carolina.
was shown the dispatch from Ashe-
vile announcing j. A. McCollough's
acceptance of receivership of the
dispersary at the hands of Judge
Pritchar. he said:
81 regret exceedingly that there is
person in the State Of South Caro-
lima who would accept the appoint
ment as receiver at the hands Of
Judge Pritchard. So far as
Judge Pritchard's undertaking to en-
join any one from bringing suits to
in any way Interfere with the fund
involved is concerned, l will state
that l have instituted a proceeding
in the Supreme Court of South Caro-
| lima for the purpose of compelling
the commission to disregard Judge
Pritchard's Injunction and to pay
into the States Treasury, for the use
Of the Attorney Generals office, the
sum of SIG 900, which was appropri-
ated for the purpose OF certain GRIM
inal proceedings and prosecutions of
| persons connected with the late State
| dispensary.
| Judge Pritchard's order will most
certainly be disregarded by me If 1t
| undertakes to In any wise restrain or
direct me in this or any other pro-
ceedings may deem 1t advisable to
institute.
II regard the entire proceeding
as without precedent and as most
outrageous disregard of the rights of
the State of South Carolina. 1t is
founded upon no sound authority
e. Is 90 q . o
'.H!. conduct hag been most un-
seemly, and the State of South
Carolina must look to the United
States Supreme Court for the preser-
usurper.
II am extremely gratified to know
that Messrs. Murray. Patton and Nc
Sween. members OF the State dispen-
sary commission, have refused to ac-
| he receivershtp offered them.
and that their patriotism can not be
shaken by the hope of any reward
which may come at the hands OF a
nsnrper.
~ believe we will be finally sue
| cessful in the defence OF the State,
hut, whatever the result, we will de-
fend her to the last extremity of the
law. Knowing the righteousness OF
our cause believe we will succeed"
Their Position Vacated.
Speaking on the subject Of the ac-
ceptance>of the receivership by Hem
derson and Arthur, The. State says:
The action OF MeSsrs. Arthur and
Henderson in accepting the appoint
ment as receiver has vacate? their
positions on the board of commis-
sioners to wind up the affairs of the
dispensary. Articlei2, section Q, of
|the constitution OF South Carolina,
says In part: But no person shall
hold two offices Of honor or profit at
the same time"
Even if this provision be not appIt-
cable, as It may be argued that the
receiyership is not a statutory ONCE,
yet the fact that the position of re-
ceiyer is incompatible with and an
tagonistic tn the duties OF members