The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-01-20
TO CHANGE INJUNCTION LAW.
LYON WISHES MORE EFFECTIVE
WEAPON AGAINST BLIND TIGERS
Attorney General, I'm His Report.
Makes Several Recommendations of
Interest and Discusses Gases I'm Fed.
erai Court Against Dispensary Com
missiOners.

~
eral Court Against Dispensary Com.
missiOners.
Columbia, Jan. 10.-In his annual
report to the Legislature convening on
tuesday. Attorney General Lyon will
recommend decided change in the
law effecting injunctions agaist blind
tigers in Charleston and throughout
the State. Says the report:
II recommend the passage of an
Act to expedite the service of the or
ders Of court in injunction proceed
ings against public nuisances. It is
often difficult to make service upon
the owner Of the property of the or
ders of the court and to enjoin the
unlawful use Of the property after the
fact Is established that a public nuis-
ance Is maintained thereon. It is nv
opinion that the proposed Asst should
provide that service Of certified copy
OF the order Of the court shall be
sufficient service Of such order for all
purpose whatsoever and that service
Upon the agent Of the owner. or the
party In possession of, or occupant of
the premises shall be sufficient. I
also recommend that such Act con-
tain provision enabling circuit
judges to grant such injunctions, either
within or without the circuit in which
such nuisance is maintained, and upon
an issue of fact arising in such pro-
ceed'ng, to have authority to refer the
same to a referee or master In any
county In the State to take testimony
and report thereon, also recommend
that law be enacted declaring the
unlawful traffic In alcoholic liquors
to be public nuisance.
recommend the enactment of laws
embodying the above ideas in order
that Illicit liquor traffic in this State
'aay be more expeditiously and fully
suppressed.
The attorney generals annual digest
OF the criminal statistics Of the State,
mada up from the detailed reports of
the circuit solicitors, will be of inter-
est as usual, but this section OF the
report, though 1t Is in the hands Of
the printer. Is not yet available for
publication.
The following recommendation,
which the report carries in its intro
duction. is Of interest to the lawyers
of the State:
II recommend that a law be enacted
providing for costs and fees In the
original jurisdiction OF the Supreme
Court. No provision is made for the
taxation thereof, nor for the payment
Of the necessary disbursements I'm
proceedings in the original jurisdiction
of that court. In such litigation where
the State was a party to the proceed
Ing, this office has borne it's own ex-
penses when In many Of the cases 1t
would have been just and proper for
such expenses to have been paid by
other parties to the proceedings. I.
therefore, recommend that an Act be
passed which will authorize the Su-.
preme Court, by rule, or otherwise, to
prescribe such costs and fees to be al
lowed in proceedings in the original
jurisdiction Of that Court as the JUS
tlces Of the Supreme Court may deem
just and proper"
Regarding the cases in the Federal
Court against the dispensary commits
sioners, Mr. Lyon in his report says:
This was a proceeding instituted by
the above named appellees in the Cir
cult Court Of the United States for the
purpose Of having the funds in the
hands OF the State dispensary COM
mission declared a trust fund, and TO
have the same administered by the
Federal Court. The State dispensary
under which they were appointed to
employ counsel to aid them in their
investigation, to advise and defend
them In the exercise of the power en-
trusted to them by such Act, with the
OF this office, employed the
Hon. w. F. Stevenson, Of Cheraw;
Messrs. Abney & Muller, of Columbia,
and Messrs. Fielder, Rountree G Will
son, OF Atlanta to resist said suit. The
judge decided that this was not
suit against the State; that the as
sets Of the dispensary were a trust
fund, and that the same could be ad-
ministered under orders of the Fed
eral Court, Jurisdiction being acquir-
ed by reason of diversity of citizen
ship. An appeal was taken from the
order Of Circuit Judge Pritchard to