The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-06-03

Columbia, May 31.-Arrested this
afternoon by order of the State dis
pensary commission, DR.. VIM. ]. Muir
ray, Of this city, former chairman of
the commission, was at 10 o'clock to-
night uncOndtionally discharged
from custody by the Supreme Court.
DR.. Murray had been placed under
arrest in contempt proceedings, and
in announcing its decision the court
stated that the commission had ex-
ceeded its powers in arresting DR..
Murray.
The arrest for contempt came UP
because Of DR.. Murray's refusing to
turn over vouchers held by the for
mer commissioners. DR.. Murray was
not placed in Jail during the after
noon.
At o'clock the Supreme Court
commenced the hearing of the habcas
corpus proceedings and at $40 took
a recess until $50 this evening, when
again the matter was taken up. Ar
guments being concluded shortly be-
fore 10 o'clock. the decision of the
court was announced from the bench
by the Chief Justice.
DIR. Murray had been in charge Of
the marshal of the commission in the
interim between the contempt order
and the hearing in the Supreme Court
this afternoon and between the after
| noon session and the evening session.
He was, thus, technically under ar
rest. -
Chief Justice Jones, in announcing
the discharge Of DR.. Murray. stated
that the dispensary commission had
acted in excess Of its powers in ad-
Judging Or. Murray guilty of COM
tempt. The commission, the Chief
Justice stated, had no power to order
the turning over Of the vouchers for
moneys paid out by the old commits
sion, absolutely to the new commits
sion, the vouchers being quasi public
records and quasi private records.
BY the statement Of the court the
commission has the right to obtain
the records for inspection. that is TO
say, as in the Farnum decision. the
commission may order before it the
members of the old commission, who
ton by the new commission from day
| to day or from night to night as the
case may be; the new commission can
inspect the vouchers and have them
before them, the original holders
thereof being in attendance and pres
ent at the inspection. This is the old
commissions right under the state
| ment of Chief Justice Jones and is
the law as already laid down.
Chief Justice Jones stated that the
court wished to emphasize the right
| that the commission has to order DR..
| Murray or other members Of the old
! commission before it. But the cruX
Of the matter was that the commits
sion had not the power, under the
statutes, to demand the turning over
| Of the vouchers
| In effect. the decision by the Su-
| preme Court in this matter means
that the possession of the vouchers
| remains with the old commission
which desires the vouchers for pro-
lection in case of an investigation
The order Of thc I)urt releases Dr.
Murray absolutely from the charge
| IF contempt. Members Of the COM
mission stated tonight that the old
commissioners would not be required
! to produce the vouchers before them
for inspection in the manner indicat-
ed by the court tonight. Although
the whole proceeding was a serious
matter, it appeared, as expressed by
Justice Woods. that it was "A Temp
est in a Teapot"
Dispensary matters reached anoth-
er crisis incidental to the hearing
about DR.. Murray. Attorney General
Lyon made the statement in oper
court tonight that counsel reported
by the new commission, under the
statutes have no right to be counse
for the Comnission against his owr
advice and consent. He quoted the
Act Of 1907 and the Act Of 1909 il
support of his contention. The At.
torney General was emphatic il
bringing to the attention OF the cour
the position that now exists as to tn.
employment of counsel.
The commission had announced tn,
securing Of the services Of w. \. Hol
man, of Charleston. his brother II