The herald and news. [volume] (Newberry S.C.) 1903-1937, 1910-11-22
BIG CASE DECIDED.
Supreme Court Passes on Carolina
Glass Case-Enabling Act Is IN
constitutional
Columbia Record. 18th.

N1Cally important IL us bearing upOu
the settlement of the affairs Of the de-
funct South Carolina State dispensary
is the decision Of the supreme court,
fled Thursday afternoon, upon the is
sues between the commission to wind
up the dispensary and the Carolina
Class company, of Columbia.
Investigations made by the commis-
sion, subsequent to the filing by the
glass company Of claim against the
dispensary, amounting to S23,O1S.75,
for bottles and denlijohns furnished
by it to the dispensary, resulted IN
the rendition by the commission of
Judgment upon the matter, in which
collusion against the State between
the glass company and the directors
Of the dispensary was alleged, and
counter-claim for alleged overcharges
was set up amounting to s51,432.99.
Deducting the debt of the dispensary
to the glass company, there was left
a balance of s2S,419.24, alleged by the
commission to be due the State by the
glass company.
What Commission Did.
In the effort to realize upon this
large Judgment, the winding-up COM
mission impounded all moneys in the
hands of the county dispensarles
which were then due by the dispen-
saries to the glass company for sup
plies furnished. Furthermore, early
in this year, subsequent to the rem
dition of the judgment mentioned, the
general assembly passed an act IN
tended to empower the dispensary
commission to seize under lien any
property, real or Of other description,
belonging to the glass company or
other concerns in like case, and hold
it as security, in order to compel pay
ment of the commissions judgments.
The Effect of the Decision.
The decision filed Thursday, written
by Mr. Associate Justice Hydrick, and
consisting of II typed pages of legal
cap, has this effect:
The judgment of the commission, as
to the just amount Of the glass COM
pany claim against the State, is af-
frmed
Act Unconstitutional.
But the act of 1910 is held to be
unconstitutional, insofar as it attempts
to confer judicial powers upon the
commission, and to create lien upon
the glass company's property.
The act of 1910 is held to be consti-
tutional, insofar as it turns over to
the commission moneys held by coun-
ty dispensaries for the credit of the
glass company.
The findings of the commission are
held to control only in it's determina-
ton of the non-liability of the State
upon the glass company's claim. They
have not the force or effect Of a judg-
ent, concluding the glass company in
any other proceeding such, for in
stance, as the State might institute in
the proper court to recover the
amount found by the commission to be
Cue it by the company.
The supreme courts ruling that the
act of 1910 is unconstitutional in two
important respects is based upon the
fact that the act, as relied on in this
ease, is retroactive, and as such re-
pugnant to America practice. The
court does not go into the questions
whether the act would have been con-
stitutional if it had been passed prior
to the commissions judgment, rather
than subsequent to the rendition Of
that judgment.
History Of the Case.
When the dispensary winding-up
commission, which was created after
the investigations Of the Lyon-Chris-
tensen probing committee had result
ed in the death Of the dispensary, be-
gan to examine into me affairs of the
institution, it called upon creditors Of
the dispensary to present their claims
for adjudication. The Carolina Glass
company presented a. claim for S23,-
oe13.75, as the balance due it for bot
ties and demijohns furnished to the
dispensary. Upon the filing of this
claim, the commission went into an
Investigation of all the past dealings
of the glass company with the dis
pensary. After hearing a great deal
Of testimony and argument thereon,
the commission rendered, November
II, 1909, it's decision.
This decision was that, in pursu-
ance of a conspiracy between some of