The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-06-03
SUMTER S. G, SATURDAY, JUNE 3, 1911

. 80 ~ - 'oNcCu with the case To Il Ilndi
conclusion, and if 50 advised en-
ploy other counsel in this State 10 as
sist, or TO continue Messrs. Abnev and
Stevenson. | beg 10 advise that
Messrs. Abney and Stevenson are no
longer connected with the case. their
employment having been solely
through an arrangement, at my sug-
gestion, with Mr.. Fielder. They cam
not, therefore, he continud, their con-
nectlon having been ended with your
|, discharge Of Messrs. Anderson. Fell
der Roundtree e Wilson. Besides
this, Mr. Abney states TO me that he
cannot be retained further in the liti-
cation under present conditions. and 7
nave no doubt that Mr.. Stevenson
VIII take the same position. 1 beg 70
further state that all of the above
mentioned attorneys We're employed
with my approval, and contrary to the
views you have expressed it is nv
opinion that they have all been dill
gent faithful, and efficient in con-
ducting this piece Of LITIGATION. as
wei as discharging all other duties
which they have undertaken. Such
Being my view Of this matter, 1 sug-
gest that If YOU think this litigation
should be continued. you enter into
an agreement with an attorney or at
torneys who are FAMILIAR with the
Facts and the law Of the case, sub
Ject to my approval under the Act Of
1907, to conclude the litigation. Sec
ton Of the Act of 1907. page 35.
authorizes you to employ such assist
ant counsel as may be approved by
the Attorney General 1 further sug-
gest that you do not undertake to
delegate TO me authority reposed in
you under the Act Of 1910 to
adjust or settle this claim.
Section l Of this Act, page SIC,
provides that the State dispen-
sary commission is hereby author
lied and empowered, in addition to
the powers heretofore conferred upon
1t, to pass upon, fix, and determine
any and all claims Of the State against
any and all persons, firms or corpor-
fations doing business with the State
fdispensary and to fully investigate
transactions by any and all persons,
firms or corporations with the State
dispensary, and to make settlement
Of all claims in favor Of the State
against such persons, firms or cor
| porations, and collect and receipt for
the same
LAS YOU see under the law the re-
sponsibilty in these matters rests up-
| on you, and I suggest that it would
be better to closely follow the statute
and exercise the authority given you
and discharge the duty imposed up
on you thereby. further suggest tina
both your committee and I with ref
erence to employing counsel as we'll
as the settlement and adjustment Of
claims follow the Acts above referred
to. and thereby avoid any confusion
| Of duties which rest upon US.
"As to the litif 3tion, beg TO ad-
wise that when you have ascertained
| facts sufficient to justify a continu-
| ance Of the case and placed the same
| at my disposal I will then be able to
| proceed. but having been cut off from
the source through which practically
all information has come and through
which l had anticipated other in
| formation would come by the dis
| rnissal Of Mr.. Fielder, it is impractical
to proceed before you supply the nee
| essary facts. You have full author.
ity under the various Acts provid-
ing for winding up the dispensary u
investigate this matter and I feel con-
! fident that if you exercise these DOW.
ers, you will be able t. furnish me
with the facts necessary to proceed
and when the facts are ascertaintd we
| will then be in apostion to deter.
mine whether it is necessary to EN-.
| ploy associate counsel, as provid
| under the Act of 1907. l will. O,
course, do all in my power to co.
operate with you, as have with YOU,
predecessors, but ] will be unable tc
proceed with this litigation with anN
reasonable hope Of success without
your furnishing me the facts. or pro.
viding therefor, as was done by yOu
predecessors. Yours very truly,
j. Fraser Lyon,
Attorney Central"
PAROLE GRANTED.