The Batesburg advocate. [volume] (Batesburg, S.C.) 1901-1911, 1909-04-09
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THE MSPENSARY..CASkli=

1 The commission appointed by the
governor under authority of the. leg
islature; to wind up the State dispe-
nsary affairs, take charge Of all funds
and pay all just claims, not being
satisfied with some. of, the claims
presented by certain liquor houses,
undertook to make a through inyes-
tigation of the circumstances and
conditions of the sales of liquor to-
the dispensary officials. Certain j.,
puor concerns, especially the Wilson.
Distllling company and the Fleisoh-t
man company, protested against this
proceeding and refused to pronouceI
their books. These concerns az, the
same time complained TO Judge Pri-
tchard of the fourth United States
district and petitions Judge Pritchard
issued the Injunction and apr ointed
the receivers. The banks, in which
the commission had deposited the
dispensary funds as well as the com
mission, were restrained from paying
out any Of the dispensaay money ex-.
cept upon the order of the receivers.
the dispensary commission in. obedi-
ence to this order refused to pay over
to Attorney General Lyon the SIS,
600 ordered by the legislature to be
paid to the attorney general for the
purpose Of prosecuting cases against
those charged with fraud in connec-
ton with the diepensary. The circuit
court of appeals denied this petition
The case was drought tn the, United
States supreme court on a writ of
certioraal With the result as. .statee
above. Y.Itu eahttn .I,rm
State Retained Rights d ta
The position of Judge Pritchard
was that the, the State OF South.
Carolina when it appointed the N'n9z4
ding up commission cempletelx-di-.
vested Itself OF all its rights OF i'm
munify from suits in MTF Is yueitizens
of other States, which is forbidden
by the lth amendment. He, said that
this commission was simply a trustee
for certain funds and as such was on
the same footing exactly as trustees
OF any other funds. Upon, this poin
the supreme court in its decision
says:
considering the text of the wind
ing up act, we are Of the opinion that
there is no just ground for the con-
c uSica that tbs State, IS providing
| oy the Legislation for the liquidation
o. the affairs Of the dispenSary inten
nded to divest its sell OF its rights Of
property in the assets of that COVER
mental agency and II endow the
commissioners with 4. !igAt and title
to the property which PLACED It so
beyond the control Of the State as to
4 Receiversfiip "SiaGlbu sticated''
just take it from me then that the
authorize a judicial tribunal to take
, the assets of the State out of the
} hands of those selected to manage
the same. and by means of receiver
to administer such assets as property
IL q a /. . I
affected by trust, irrevocable in its
nature, and thus to dispose of tht
a same without the presence of tn,
State.
That being a fair sample of tn,
long drawn out Style OF the decision
; | will give no more The suprem,
court Justice are not unlike othe
; lawyers in the habit of using abou
l7:wordsto every reallynecessary on,
, receive ership and the injunction o
|. Judge Pritchard are both slambusti
\ Gated and the winding-up commissi
I on;is now it.
3 w. J. Murray, John McSeen an,
Avery Patton are the only three men
Y bets of it in good standing, two 9th
y ers Messrs Henderson and Arthur
} having resigned to take positions a
\ receivers which Jobs they will nc
I now need any longer. Gov. Ans,
will have to appoint two others.
i The commission will have abo,
s $8OO,000 to disburse and they ma
!. probe to the very bottom all II
O. claims If they find any fraud h;
been committed, they may refuse
* pay the claims, ancl Attorney Ge
= Lyon may have a chance to d
:. some body in Jail.