Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-11-23

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suppressed by said board of directors,
with the consent Of the Carolina Glass
company, so that no entry or record
was made upon the books Of said board
Of directors Of the state dispensary In
regard thereto, that notwithstanding
this, awards in each instance were
made to the Carolina Glass company
and purchases made from 1t at the
higher prices named in their bids.
Fourth. That after December 8, 1902,
and r-.n the early part Of the year
1906, when, pursuant to a concurrent
resolution of the state and house OF
representatives Of the state Of South
Carolina, the existing contract between
the state dispensary and the Carolina
Glass company, as to untitled portions
thereof, were cancelled, the said Car
olina Glass company, by and with the
aid and assistance Of the board Of d.
rectors Of said state dispensary, and in
furtherance Of the conspiracy already
formed to destroy and prevent all COM
petition in the sale Of glass to said
dispensary secured and maintained a
complete monopoly Of all the business
in that commodity that was done with
said state dispensary; that after the
year 1902, and during the remainder Of
the period above named, said Carolina
Glass company, secure in the monopoly
then created, raised It's prices from
time to time and were awarded con-
tracts therefor by said board Of direc-
tors, said prices being at all times
much above the fair market prices for
the goods sold. Said board Of direc-
tors continuing at nearly every quar-
terly meeting to award new contracts
to said Glass company at those exor-
bitant prices, whether the goods were
then needed or not and Notwithstanding
that said glass company had never hl-
ed said Flaccus contract until, at the
time Of the passage Of the concurrent
resolution by the two houses OF the
general assembly of South Carolina In
1906, cancelling the untitled portions
of existing contracts, there were out
standing contracts at exorbitant prices
under which there remained to be FILL
ed orders for more than 200 cars OF
glass bottles of the approximate value
of more than 100000, by which action
on the part Of the general assembly,
according to the testimony OF one OF
the officers of said glass company, the
state saved more than $4,000, when
comparison is made with the prices
paid for goods subsequently purchased.
Fifth. That said Carolina Glass
company sold goods Of the same qusl-
ity and size and general character al
that sold to the state dispensary In
other states and in other parts Of the
state Of South Carolina at prices, which
making allowances for all credits
properly to be given to said Carolina
Glass company for the different condi-
tions under which those sales were
made, averaged in prices from 20 to
25 per cent below the prices at which
the same goods were being sold to the
state of South Carolina; the agent OF
said Carolina Glass company admit
ting in his evidence before this COM
mission that the purchase Of the Flac-
Gus contract was made for the purpose
of getting rid Of a competitor and that
wherever his company sold goods In
competition with others they met that
competition by selling the goods at
lower prices than the same were sold
to the state of South Carolina.
We, therefore, find that the con-
tracts made between the Carolina Glass
company and the board of directors
of the state dispensary were contrary
to the laws Of the state and against
public policy, and for those reasons
null and void, and that the said Car
olina Glass company should not, as q
matter of strict law, be entitled to re-
cover any sum Of money from the
state Of South Carolina on account OF
said contracts, even II the state mad
no offsets against them whatsoever;
but the commission further finds that
It should determine the matter on equi-
table principles and fix the matter OF
liability o1 G. "quantum merruit" basis
and that me prices at which the Caro-
lima Glass company sold to the state
dispensary the glassware manufactured
by 1t ranged throughout the entire
period Of their transactions with the
state dispensary, except for the years
1906 and 1907. at about 10 per cent
above the fair and reasonable market
price for said goods. The commission
finds that the total amount OF sales,
after making all proper corrections
therein, made by the Carolina Glass
company during the entire period OF
the transactions with the state dispen-
sary I'D to the time 1t was abolished,
was $613,437. OF this amount the sum
of $685. ,10S was for goods sold during
the year 1906 and the short period
during 1907 during which the dispen-
sary was conducted, so that the total
sales made by the Carolina Glass COM
pany during the years preceding the
year 1906 aggregated 514,329.90.
The commission finds that beginning
early in the year 1906, as the result Of
a legislative. inve stigation made by
committee appointed by the general
assembly OF the state Of South Caro-
lima and the resolutions adopted by the
general assembly relating especially to
the contracts with the Carolina Glass
company, hereinafter referred to, the
Carolina Glass company was forced to,
and did lower its bids to prices which
during that yea and the short period
of 1907, during which the dispensary
was operated, were substantially in ac-
cord with the fair and reasonable mar
ket price of the goods sold during that
period; but the commission finds that
during the years preceding 1905 the
overcharges made in excess Of the fair
and reasonable market price for the
goods sold was $51,432.s9, which should
be and is hereby offset against the
claim in favor of said Carolina Glass
company, to wit: its claims for $685.
O13.75, which, being deducted from the
amount of said overcharges, the COM
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