Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-06-06
LYON ON COMMISSION.
Attorney General Declares He is Ready
to Render All Possible Assistance.

Attorney General Declares He is Ready
to Render All Possible Assistance.
Late Friday night. Attorney General
Lyon gave out the following letter ad-
dressed to the new dispensary COM
mission, in which he discusses the
matters at issue:
Gentlemen: Your letter informing
me that you have employed an attor-
ney for the commission without my
approval Is at hand. 1t Is not neces-
sary at this time, and can serve no
useful purpose, to point out all your
erroneous statements In regard to my
position and attitude towards your
commission.
Whenever you have called upon me,
and you have done so several times, !
have freely given such information as
| I possessed and stood ready to advise
you upon any question OF law upon
which you might desire advice. On
several occasions I have personally Of
fered you my official services; indeed.
have gone so far as to state that 1t
would give me very great personal
pleasure to assist you to investigate
and probe any matter In connection
with the late state dispensary.
why you should think the fact that
l approve the employment Of the Hon.
IT. b. Fielder, by your predecessors In
office. should disqualify me for per-
forming my official duties, or should
be a sufficient reason for you to dis
regard the law as to employing coun-
sci, Is difficult to perceive, especially
as you have indicated your willingness
to employ Messrs. Abnev & Stevenson,
who were the immediate associates or,
and employed by, Mr.. Fielder.
Whether 1t was wise or not to em-
ploy Mr.. Fielder can scarcely anect the
question of the wisdom or unWisdom
of employing Mr.. Holman at this time,
for even a small fee. In this connec-
ton will say, however, that the sta.e
dispensary, regarded from a stricuy
mercantile standpoint, was insolvent
when abolished. But most largely
through the efforts of Mr.. Fielder ana
his associates, the institution was en-.
abled to pay it's debts and turn ABOUT
s4OO, 900 into the state treasury. In
addition to this, 1t was largely through
the efforts of Mr.. Fielder that evidence
was obtained sufficient to show De;
vond a reasonable doubt the criminal
acts of a number Of persons IN con-
nection with the former state dispen-
sary. o,,,-
nlished these things Is offensive to you,
then It would appear that you are not
In favor of accomplishing the object
for which 1 have striven during the
past five years.
"Mr Felder's compensation was con.
tingent upon the amount OF money ne
saved and recovered for the state, anu
he undertook to bear, and did bear,
ali EXPENSES incident to his efforts In
obtaining evidence while you, as un-
derstand, have paid Mr.. Holman $6oO
and this, as l presume, without ms
having secured the return OF any graiI
money to the treasury.
"I gather from your letter tnat Mr.
Holman Is employed solely to give you
counsel, and this service mas peen Iof
some time past rendered without ex'
nense to the state; besides this, you
have not attempted to state any lact
to me which would show the necss-
sity of employing an attorney, or why
some one, or all of the three attorneys
on your commission, are not In po-
sition to determine such questions as
may come before you.
.As to the case against DR.. Murray,
7 will say that IL had been called
unon would have advised you that
you had no authority to examine into
the accounts, acts, or doings OF your
predecessors, and that you nave no
authority to deprive them OF the
vouchers they took for paying out the
funds in their hands; and, furtner,
that you had no power TO oemaho %
DIR. Murray that he turn over sucn
vouchers to you, nor to adjudge him
in contempt for refusing to do so.
INV views upon these points nave
been sustained by the supreme court,
in go far as the court has announced
ire decision. did not, therefore, 1eei
justified In urging the court TO sustain
YOUR position in this case. However
I stand ready to assist you In sustain
ing any position you may take Whicn
Is authorized by the law under Whicn
your commission exists ana Whicn
prescribes your duties and powers, put
| would not feel justified to undertake
the performance Of an act not In ac-
cordance with law.
Replying to your statement as 10
my attitude I'm the Richland DlstiiieIy
com pany case, / beg to say that II is
INV wish to recover for the state such
oyercharges as may have been made
by this company on goods sold the dls-
pensary, and, Notwithstanding the fact
that YOU are wholly incorrect In your
unsupported assertion that II Is my
duty to be In possession or all 1acts
surrounding this case, or In connectlon
with the state dispensary, this duty
being specifically imposed upon you
by the act Of 1910, page S76, Section
|. which Is as follows: The state
dispensary commission is hereby au-
thorized and empowered In addition
to the powers heretofore conferred
upon it, to pass upon, hx ana deter
mine any and all claims OF the state
against any and all persons, firms or
corporations, heretofore doing Dusl-
ness with the state dispensary, and 10
fully investigate transactions py any
and all persons firms or corporations
with the state dispensary and TO make
settlement of all claims in favor OF
the state against any such persons,
firms or corporations, and collect ana
receipt for the same"
Section 2, provides: For the pur.
pose Of carrying out the provision OF
this act. the state dispensary commits
sion shall have all the powers ana
privileges conferrd upon 1t by any and
ali previous acts and amendments
thereto. Nevertheless, l am willing to
do everything 1 can to recover such
moneys as may be due the state, and
to this end I offer to undertake the
task upon the condition that 1 be al
lowed to employ any attorney or at
torneys, person or persons. to aid In
the work who will, in my judgment,
best serve the interests Of the state In
ascertaining the fasts and in continu-
ing the litigation already commenced.
The terms upon which persons or at
torneys are to be employed to be sub
iect to your approval. l believe II you
will agree to some such arrangements
as this that there is a good prospect
to recover a considerable sum or
money for the state.
II am also inclined to think that
many facts showing fraud In dispen-
sary affairs will come out In the