Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-03-13
COL. FELDER'S VIEWS.
What the Attorney Of Commission
Thinks Of Situation.

| Thinks OF Situation.
Col. Thomas B. Fielder, attorney for
the winding-up commission, few days
ago gave out the following with refer
ence to the situation:
ITO begin with, the matter is large
ly tempest in a teapot. When the
dispensary commission was organized
and the liquor men who claimed the
fund were notified to file their claims
for adjustment, they promptly COM
Piled The commission made up a
roster Of cases. The liquor men with
their counsel were present. The first
case. to wit: William & Co., OF Cincin-
natl, was called: both sides announced
ready and the evidence established SO
cOnclusively the monumental conspir-
acy on the part Of all the liquor
dealers to cheat and defraud the
state by bribing its purchasing
agents that all Of the other liquor
men, their counsel and witnesses
folded their tents like the Arab and
as quietly stole away and when next
heard from they were seeking the
shelter of the United States court.
II must think that their lawyers
knew that this court was without ju-
risdiction, hut with them 1t was a case
Of any port in Il storm tt is absurd
to say that a state may be sued with
out its consent. 1t will be recalled
that when the convention was held In
Virginia to ratify the federal constitu-
ton, Mason and Henry were arguing
that it contained no provision to pre-
vent suits against the several states,
John Marshall, the great expounder
Of the constitution and the first chief
justice of the supreme court OF the
United States replied: I scarcely
think that a sovereign state would be
called to the bar of federal court.
1t is not rational to suppose
that the sovereign power should be
dragged before a federal court This
view was universally acquiesced in by
the trainers and founders Of the con-
stitution until Chisholm brought suit
in the supreme court Of the United
States against the state Of Georgia and
that court held that a state might be
sued by citizen.
1T will be remembered that this
judgment was ignored by the soyer-
eign state Of Georgia and the supreme
court of the United States defied and
a collision between Georgia and the
federal government was averted by
the adoption Of the eleventh amend
ment to the constitution of the United
States, which was promptly proposed
and adopted, the effect Of which was
to prohibit in terms the thing this
federal judge Is seeking to do, viz: ex-
ercising the judicial power Of the
United States in case of citizens against
one Of the United States. The doc
trine that state may not be sued eX-
cept upon its own volition and In the
manner and form which the state it
self prescribes is too well settled and
clear for controversy.
"If there are just debts against the
state Of South Carolina on account OF
it's dispensary the tribunal established
by that state Is the only one by which
these claims can be adjusted and paid.
For a Federal court to say that the
doctrine Of waiver Of sovereign rights
or Of equitable estoppel is applicable
to sovereign state Is so absurd as to
suggest bias upon the part Of any
Judge who has the necessary mental
equipment to preside over q court
having general jurisdiction.
II question if the members Of the
bar will take this judge seriously when
he suggests that the state 'abdicates
it's sovereignty because, forsooth III
enters into the liquor business IF
this is sound the state Of Georgia alb
dicated its sovereignty when it built
and operated the state road, and the
Uniteti States government-ac-
cording to this learned judge-abdi-
Gated its sovereignty and when it took
over from individuals the control and
operation of the mails.
1T will be comforting to those OF
us who may have claims against the
United States government to know
that we may assert them by applying
to Judge Pritchard for a receiver to
take charge of the revenue derived
from the postoffice department and be
applied to the settlement of these
claims.
1T may afford entertainment to the
readers of your paper to read the lurid
reports touching the danger Of Judge
Pritchard attaching for contempt the
attorney general Of South Carolina,
but l think that I am safe in saying
that the attorney general will take
care Of himself in this emergency.
Pritchard will send him to Jail the day
after his receivers take possession OF
the fund in controversy and this event
will transpire on the seventh day after
the world comes to an end"