Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1908-09-23

empowered to take possession OF d
certain fund, and directed to admin
lister such fund in certain manner7
We are constrained to hold that the
funds in their hands are held in trust
for the payment Of the debts NEIL
toned, and that the creditors of the
State d;spensary have property IN
the fund in the hands of the commits
sion to the extent that the debts are
shown to be just, and that judicial
determination of the true amount Of
such debts can in no way affect the
rights and interests Of the State
"Having, therefore, determined the
relation of the appellants to the funds
in controversy, we answer the ques-
ton propounded in the outset that
this is not a suit against the State,
and that the complainant is not for
bidden to maintain his action by the
11th amendment of the Constitution
Of the United States. This suit is
not against the tSate nor is the State
an indispensable party.
"Treating the funds in the hands
of the appellants as trust fund and
the duties of the trustees being clear
ly defined, the trustor is not even a
necessary party to a 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 a tri-
bunal absolute in its character to ar
bitrarily pass upon what, if anything,
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 a creditor
of his property without due process
of law"
The State Liquor Dealer.
The Court further announces that
"in the conception and adoption OF
the 11th amendment it never entered
the minds 81 the trainers of the
amendment that a sovereign State
would engage in the liquor business
and become trader by buying and
selling an article Of common traffic
in competition with the citizens OF
the country. 1t may be ques-
toned, therefore, whether the
State of South Carolina was excrcls-
ing a governmental prerogative II
performing a function necessarily or
properly incident to its autonomy as
q State
In reference to the provisions OF
the 11th amendment Judge Boyd uses
the following language:
"Undoubtedly the 18th amendment
was intended to prevent the Federal
Court in suits prosecuted by citizens
of another State or citizens or sub
iects of foreign State from inter-
fering with State in the process of
its autonomy in maintaining its own
system of self-government SO long as
such system is in harmony with the
Constitution of the United States. 10
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 at
fairs in the State are not to be at
fected by the process of 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 instrn-
mentalities in the discharge of legi-
innate functions in the maintenance
Of the States integrity.