The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-03-13

that the required notice would be civ
en- i'll the Fleiscimann suit if insist
ed upon, he voluntarily waived notice
OF the application in the Feischmann
ease so that the motions in both eases
could be heard together and another
trip to Asheville obviatcd. This waiv-
er was written by Mr.. Rountrec HIM
self Oh the affidavit OF Mr.. Geo. b.
Lester upon which affidavit our mo-
tlons for temporary receivers we're
made, and is as follows:
''The defendants desire to have
the application for the appointment
OF a receiver in this case and the ap-
plication for the appointment of a re-
ceiver in the ease Of the Wilson Dis
tllllng company ct al. VS.. w. j. Muir.
ray ct AL, heard together and to that
end, without wai> :ng any rights the
defendants waive notice Of an intpn-
ton to apply for the appointment Of
a receiver in the Former case.
(Signed) "'J. Fraser Lyon. .Attor-
ney General; Abney 4 Muller. An
dcrson, Fielder & Rountrce. Attorneys
For the commissioners
"Thcreupon Judge Pritclarl. while
Mr.. Rountrec was still present. made
an order appointing The five commis-
sloAcrs temporary receivers. the COM
missioncrs being selected in pursu-
ance Of the policy which Judge pri;ch-
ard has heretofore announced to adj
minister this fund as far us possible
through the instrumcnlality provided
by the State Of South Carolina.
"On the following day the matter
came up TO be heard upon the motion
in the Wilson Distillin" company case
For the appointment Of a permanent
receiver and the similar motion in the
Elelschmann cas- was heard at the
same time. Thrrc were present at
this .hcEri"l%. representing khr dis
pcnsary commission, Mr.. W. +. Stew
cnson. general counsel for the COM
mission; Mr.. ID. W. Rounirec Of the
firm Of Anderson. Fielder. and Roun-
tree and Mr.. J. s. Muller of III,
firm of Abncy & Muller. Upon con-
s]ideratiol Of the evidence introduce
ed, upon the hearing Of the CONSOLE
dated motions. Judge Priicharh an
nounced that he WAS Of the opinion
that permanent receivers ought to be
appointed and that such Il curse was
necessary for the preservation aad
proper administration to that effect
naming as permanent receivers Hon.
Joseph n. Mccullough. II Of the
most DISTINGUISHED citizens Of South
Carolina, and two members Of the
commission. Mcssrs. Henderson and
Arthur. who had si"niiicd their will
ingncsS to serve.
owe have no desire 10 try these
eases in the public press. but these
statements by the attorney general
and chairman Of the diSptnsary COM
mission seem to us 10 be Il deliberate
attempt to raise false issues and to
persuade the people Of South Car
Glina that some question: Of State
rights is involved and TO arouse 4
public sentiment which will pre,iu-
dice the rights Of the complainants.
~"Speaking upon this question rs
members of the same political party
to which the attorneys eneral belongs
{every one Of the attorneys for the
complaiaants being Il Southern Demo-
crat. except Mr.. Lester, who is n
member of The regular Democratic or
yanization IF New York; we wish 20
say that in our opinion II" question
Of Stale rights is involved in these
suits and there has been no attempt
on the part Of Judge Priichard to
invade The rights Of the State. but ON
the contrary the efforts Of the com
pl%ainants in these eases are to carry
out the evident purpose and intcn-
tion of the State Of South Carolina
~ expressed by lis general assembly
in The ACT of 1907. that all just claims
against The State dispcnsary should
be fully paid.
IF Judge PritcharI has cmmittcd
error in taking jurisdiction issuing
iniunctions and appointing receivers
the defendants have complete redress
by an appeal to ,he supreme court Of
the United Stalr%.'