The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-06-02
CHAIRMAN MURRAY WAS
ARRESTED; RELEASED
geTRT SAYS DISPENSARY BOARD
EXCEEDED AUTHORITY.
New Commission May Inspect F0uch-
,ers Demanded, But Possession
Denied.

night OncCQQltlOHa11S OLoNuG4 SVu A1o11A
custody by the supreme court. DR..
Murray had been placed under arrest
in contempt proceedings, and in an
nclncing its decision the court stated
that the commission had exceeded its
powers in arresting DR.. Murray.
The arrest for contempt came up be-
cause of DR.. Murray's refusing to turn
over vouchers held by the former
commissioners. DR.. Murray was not
placed in jail during the afternoon.
Hearing Before Supreme Court.
At 4 o'clock the supreme court
commenced the hearing of the habeas
corpus proceedings and at SO took
recess until $50 this evening, when
again the matter was taken up. Argu-
ments being concluded shortl ybefore
10 o'clock, the decision of the court
was announced from the bench by the
chief justice.
DR.. Murray had been in charge Of
the marshal of the commission in
1nterim 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
rest.
Chief Justice Jones, in announcing
the discharge Of DR.. Murray, stated
that the dispensary commission had
acted in excess of it's powers in ad-
judging Dr.. Murray guilty Of con-
tempt. The commission, the chief JUS
uce stated, had no power to order the
turning over of the vouchers for mon
eys paid out by the old commission,
absolutely to the new commission, the
vouchers being quasi public records
and quasi private records.
May Inspect Records, However.
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 COM
mission may order before it the mem
bers of the old commission, who must
bring the vouchers for inspection by
the new commission from day to day,
or from night to night, as the case
may be; the new commission can in
apect the vouchers and have them be-
fore them, the original holders there
OF being in attendance and present at
the inspection. This is the old commits
sion's right under the statement of
Chief Justice Jones and is the law as
siready 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 commission
had not the power, under the statutes.
TO demand the turning over Of the
vouchers
Lyon Opposes Employing Counsel
Dispensary matters reached anoth-
a. crisis incidental to the hearing
about Dr.. Murray. Attorney General
Lyon. made the statement in open
court tonight that counsel reported by
she new commission, under the: sta
~utes. have no right to be counsel for
ahe commission against his own ad-
vice and consent He quoted the act
of 1907 and the act Of 1909 IN sup
port of his contention. The attorney
general was emphatic in bringing to
the attention Of the court the posi-
1ion that now exists as to the en-
ploymen- Of counsel.
The commission had announced
the securing Of the services of ". A.
31OlHdu, VI Cud4 4SSCO1l, A1o OlOCASA, A<'
c. Holman, of Barnwell, being asso-
Ciated with him. This was done, as
stated by Mr.. Lyon tonight in the
supreme court, and as already point
ed out in the press, with Mr. Lyons
disapproval He asked the court to
take cognizance of this situation.
Commissions Resolution.
The resolution under which Mr..
Murray was arrested is as follows:
State of South Carolina, County Of
Pichland-Before the Winding-up
Commission of the Dispensary.
The State VS.. ". J. Murray-Resolu-E
ton Adjudging W. J. Murray inI
Contempt.
On the 29th day of May, A. D. 1911,
a rule was served personally upon ".
J. Murray, the former chairman Of the