The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1908-03-11
RECEIVERS NAMED
BY FEDERAL JUDGE
TO Take Charge Of $780,
900 Dispensary Fund.
BIG BOND REQUIRED.
j. A. Mccullough, of GreenviIIe, TOgetli.
er With Two Members of the Wind.
ing.Up Commission, Appointed.

er With Two Members of the Wind.
ing.Up Commission, Appointed.
Asheville, N. c., March Judge
Pritchard today in the, United States
circuit court on petition of the Wilson
Distilling Company, general creditors
bill, appointed Hon. Joseph A. McCul-
Tough, of Greenville, S. c., C. K. Hen
derson, of Aiken. S. c., and B. F. Ar
thur, of Union, S. c., permanent re-
ceivers for the $500, 600 South Carolina
dispensary fund now in the hands of the
commissioners. A bond Of $25, ,000 each
was fixed. Messrs. Arthur and Hen
derson are members of the commission
now winding up the affairs of the late
State dispensary. In making his order
for permanent receivership Judge
Pritchard said:
"The court on yesterday, on the APP
p!ication of counsel in the case of the
Fleischman Company vs.. w. J. Murray
ct al. and the Wilson Dstilling Com
pany ct al. VS.. w. j. Murray ct al, en-
tered an order appointing the defen-
dants, w. ]. Murray, John McSween,
G. X. Henderson, B. F. Arthur and
Avery Patton temporary receivers.
These parties were notified of their ap-
pointment and replies from four of
them have been received. The defen-
dants, w. j. Murray and John McSween,
decline to serve; the defendants, B. F.
Arthur and G. X. Henderson, accept
the appointment and Indicate their
willingness to serve. No response has
been received from the defendant, Pat
ton.
These gentlemen were appointed re-
ceivers upon the theory that the court
was anxious to adopt the instrumental
ity provided by the State in this in
stance for the administration 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 appoint Hon. Joseph A. Mccullough
and Messrs. C. X. Henderson and B. F.
Arthur permanent receivers for all the
funds and property in the hands of the
defendants constituting the State dis
pensary commission.
"The court regrets exceedingly that
e. any of these defendants should have
declined to accept the appointments,
feeling as it does that their acceptance
would have been in harmony with the
State under which they were ap-
pointed"
Lyons Opinion of Pritchard's Order.
Augusta, IGa., March 7.-Mr. Lyon, of
South Carolina, tonight was shown the
Associated Press dispatch from Ashe-
vile announcing Joseph A. McCul-
lough's acceptance Of an appointment
as a receiver of the dispensary at the
hands of Judge Pritchard. He said:
81 regret exceedingly that there is
person in the State of South Carolina
who would accept an appointment as
receiver at the hands of Judge Pritch-
ard" Then taking up the general sit
uation Mr.. Lyon said: $50 far as Judge
Pritchard undertaking to enjoin anyone
from bringing suits or to in any way in
terfere with the fund involved is con-
cerned | will state that instituted pro-
ceedings in the Supreme Court of South
Carolina for the purpose of compelling
the commission to disregard Judge
Pritchard's injunction and to pay into
the State treasury for the use of the
Attorney Generals office the sum of
$500 which was appropriated for the
purpose of certain criminal proceedings
and prosecutions of persons connected
with the late dispensary.
"Judge Pritchard's order will most
certainly be disregarded by me if it
undertakes to in any wise RESTRAIN or
direct me in this or any other proceed
ings | may deem it advisable to insti-
tute.
II regard the entire proceeding as
without precedent and as a most out
rageous disregard of the rights of the
State of South Carolina. 1t is founded
upon no sound authority. His conduct
in appointing receivers on the day be-
fore the motion for the appointment of
receivers was to be heard in accordance
with the formal order which he passed
was most wilful disregard of the
rights of the State, and we were
thereby denied our day in court.
GAS to his criticisms, in his former
decree, of my bringing the mandamus
proceedings in the Supreme Court of
South Carolina to compel the commits
sion to disregard his injunction and pay
into the State treasury the appropria-
tions made for the prosecution Of the
terminals, the proceeding in the Su-
preme Court was in accordance with
the practice and law in South Carolina,
and if this had not been so the Court
would have refused to assemble and
hear the same.
""rhe result of this proceeding can
not be foretold. 1t would, no doubt, be
as useless to explain the purpose of
this proceeding to him as it was to ex-
plain the law and the facts in the case
in which he has assumed jurisdiction.
/ am most careful as TO the opinion the
learned Judge may entertain with re-
gard to this proceeding. 1t is not sur
prisinp that he regards anv move on the