The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-04-14
DID NOT APPEAL TO FULLER.
Attorney General Made no Motion
Before Chief Justice in Regard to
Dispensary Litigation.

Columbia, April 10.-4Attomey Gen.
aral Lyon returned this morning from
Washington, where lie has been for
several days, accompanied by Mr.. d.
w. Rountrec, of Atlanta, of counsel
For the dispensary commission. Mr..
Lyon stated very cmphatcaly tha,
the dispatches sent out from WASH
lngton to the effect that he had made
q motion before Chief Justice Full
Ter in the aispcnsary matter were er-
roneous, being utterly without founda
ton and unauthorized by him. He
said that as a matter of fact he and
MIR. Rountree had called on Chief
Justice Fuller and had talked with
him in regard to the procedure wn,cn
could be adopted to get the case up
speedily before the highest tribunal in
the land, but that lie had made no
motion at all. The ease. il appears.
has some unusual features, and tnerc
is little precedent for getting the
matter before the Supreme Court
"i'hout S'IuS tHlolSl tnC usual ItI-
maliti2s of appeal. IF motion were
made before the Chief Justice il
would be Il motion for an order to
show cause why suparsedeas should
not be granted, but it has not been
decided to take this step.
Mr.. Lyon left WASHINGTON last
night, Mr.. Rountrce having gone to
New York on other business The day
before. Mr.. Lyon spent two days in
Washington.
The order of Judge Prichard grant
ing a supersedeas on conditions was
not served until today, when it was
received through the mail by Chair
man Murray, Of the dispensary wind-
in"-up commission. and the other
Tlembers of the commission, as well
as by Attorney General Lyon from
the Office Of the clerk Of the Federal
court, in Charleston.
The order is dated April 8 ana rs-
quires compliance within five days
from date Of order, not five days from
service. SO that thc commission has
now only three days to arrange their
personal affairs so rs to take an en-
forced absence from BUSINESS for !;
longer or shorter period. The com
mission will not give the heavy bond
required by Judge Pritchard, and will
not surrender the collateral, which re-
qmres to be surrendered, so that .ha
commission will be in contempt in ra-
fusing to obey the order to deposit
the collateral with the Federal court.
AS a matter of fact the collateral is
not in the possession or the commits
sion, but is with the State treasurer.
and has been in his possession for j.
long time. even before the hoe,:;s ana
records of the dispensary were placed
in the trcasurer's vaults. So that
the commission can make answer that
the collareral is not in its possession
at all, and they cannot comply with
the primary and most impor;a": ,on-
dltion Of Judge Pritchard's order OF
course, If Judge Pritchard can GET
hold of the collateral ne has the case
IN mis- hands absolutely, and, Of
course, the State is not going TO s,m..
render the collateral.
Judge Pritchard may serve an order
on State Treasurer Jennings, but it
happens that Capt. jennings is in mis-
slsslppl and not al this time in the
jurisdiction Of Judge Pritchard' $
court. lie is having a pleasant visit
out there and is doubtless not in any
hufry TO return, unless he is requested
to come home by Governor Ansel. The
governor will not. however ask the
treasurer to come back to give up the
collateral, and he will not instruct
any one to give it up, because the
State is going to keep its hands on the
collateral. These colIatcrals were de-
posted as security for the deposits Of
the dlspensa,y money with the various
banks Of the State, and the banks
Will not pay ont the money without
getting their securities back. This
point is the milk in the cocoanut, and
the State holds the cocoanut
by next Monday, the 18th, the mat
ter will, unless something unforeseen
intervenes, come to the crisis.