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

mOrS mad got ABROAD tnat some pres
sure was brought to bear upon him
here locally. Attorney General Lyon
in this manner left the consideration
Of this claim to the commission. He
stated today that he could not, OF
course, keep up with all the details of
these various claims, but when he rec
commended the payment Of the claim he
was under the impression that all tes-
timony and everything in connection
with the claim had been considered.
Many persons labored under the i'm
preston that the glass company claim
had practically been settled, and 1t
was somewhat Of surprise when II
was seen that the commission had
wiped away the whole claim and found
an overjudgment. The general opinion
here was that this claim was all right,
and that the only possibility Of reduc-
ton was in the matter Of the Flaccus
contract, whicn would have reduced
the claim about $4,000. However the
commission in its findings as reported
today, charges the glass company with
overcharging and sitting competition.
The outcome of the glass company
claim will be many other appeals to
the courts. The members Of the firm
are prominent Columbians.
No other notices Of appeal have been
received yet. The decree is formally
filed today, and 1t is expected that
there will be many other appeals to
the courts.
The following Is the decree Of the
commission in the Carolina Glass COM
pany claim:
Carolina GaIass Company.
In the matter Of the claim Of the
Carolina Glass company against the
state dispensary Of South Carolina:
The foregoing matter having come on
for a hearing before this commission,
and evidence having been taken for and
against the claim made by said Caro-
lima Glass company against the state
dispensary, and after hearing the argu-
ment Of the counsel representing said
claimant and counsel representing said
interest Of the state:
This commission, exercising Its powers
under and by virtue Of an act OF the
general assembly Of the state Of SoutL
Carolina, approved February, 1907, and
cts amendatory thereto, find as fol-
lows:
First That the Carolina Glass COM
pany was organized during the summer
of 1902 in pursuance Of an agreement,
which had been made between its pro-
moters and certain members Of the
board Of directors Of the South Caro-
lima state dispensary, whereby 1t was
intended that the said Carolina Glass
company should manufacture such
glass as the board Of directors Of the
state dispensary might agree to pur-
chase, and that awards for the pur-
chase Of glass to be used by said state
dispensary should be made exclusively
to the Carolina Glass company; and
chat said omcers and promoters Of the
said Carolina Glass company and said
board of directors or some Of them en-
tered into q conspiracy to defraud the
state Of South Carolina by preventing
and defeating all competition In the
sale of glassware needed, used or pur-
chased by the state dispensary, and did
In fact destroy all such competition.
Second. That in pursuance Of this
understanding and agreement the said
Carolina Glass company bid Gin Sep
tember 1902,) to furnish fifty cars OF
glass bottles at prices ranging about
10 per cent in excess Of the prices that
were then being paid by said state dis
aensary to Flaccus & Co., with whom
The state dispensary then had con-
tract, a large part Of which was still
untitled; and Notwithstanding this fact
and the further fact that at the same
time other bids were filed from other
reputable houses at lower prices, said
board of directors awarded the con-
tract to said Carolina Glass company
at those prices; that on or about De-
cember 8, 1902, the said Carolina Glass
company entered into an agreement
with said Flaccus & Co., under and by
virtue of which the Carolina Glass COM
pany purchased the contract OF said
Flaccus G. Co., and agreed to assume
its full and complete performance, and
also by the terms of said contract pur-
chased from said Flaccus & Co., the
special moulds needed to manufacture
the special bottles required under the
rules of the board Of directors Of the
state dispensary and other material
used in connection with their manu-
facture and packing; that the board OF
directors of the state dispensary there
upon ratified the transfer Of this con-
tract from F1accus & Co., to the Car
olina Glass company, and there was at
the time the same was purchased twen-
ty-two cars Of glass still to be deliver
ed under its terms; that Thereafter
said Carolina Glass company did not
deliver any glass whatever to the
state dispensary as being manu-
factured under the terms Of the Flac-
Gus contract, nor at the prices named
in the Flaccus contract, but continued
to manufacture glass under the award
which has been made to 1t under Its
bid filed in September, 1902, until In
March, 1903, another award was made
by said board Of directors Of the South
Carolina dispensary to said Carolina
Glass company at substantially the
same prices, although at that time It's
own contract made in September, 1902,
had not been fully executed and no
part OF the remaining cars Of glass
called for under the Flaccus contract
had been manufactured or delivered,
and Notwithstanding the further fact
that there were several bids made for
the manufacture and delivery Of glass
under the terms and conditions impos-
ed by the board Of directors Of the state
dispensary for much lower prices and
for goods Of just as good quality, the
said bid Of the Carolina Glass company
being then the highest bid made for
the furnishing of glass, with the ex-
ception of a bid by Flaccus & Co.,
,,,bt,b ,,,os a fau capfs hi 1har than that