The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-06-02

Attorney General Also Replies to Re.
cent Resolution OF Winding-Cp
Commission.

Commission.
Columbia, May 30-The appearance
of Dr.. William J. Murray, the chair
man of the old dispensary commission
before the new commission upon the
rule to show cause, the statement OF
Attorney General Lyon, that, in the
circumstances, he can not press the
Richland Distilling company's case;
the receiving of a petition from the
Carolina Glass company to reopen its
case before the new commission;
consideration of the Scruggs matter
and a return from the members Of the
old commission, were the chief fea-
lures Of the session of the dispensary
commission held here today.
Basis of Fielder Charges.
AS to the exact charges against
Thomas B. Fielder, it is learned today
that the John Bell Towill incident re-
ferred to in the press some time ago,
and the *'Hub" Evans alleged frame
up" will be the main bases of the case
against the Atlanta attorney. It is
understood that both Evans and ToWlll
will be placed upon the stand if the
case is brought to trial.
Considerable interest was manifest
ed here in the statement about the ar
rest Of Col. Fielder. It is not believed
that he will voluntarily come in re-
sponse to the warrant, however, and
a hard fight for requisition will prob
ably be waged.
\ Attorney Generals Reply.
Attorney General Lyon today made
reply to the dispensary commissions
resolution, asking him to go ahead
with tie Richland distillery case:
In brief, Mr.. Lyons reply is to the
effect that as the Atlanta firm of at
torneys had charge of these matters
and were engaged at the time they
were dismissed by the new commis-
sion, in handling this particular suit
and the data is in their hands, he is
not in a position to carry on the suit.
Mr.. Lyon concludes:
sI will be unable to proceed with
this litigation with any reasonable
hope of success without your furnish
ing me the facts or providing therefor,
as was done by your predecessors.
DIR. Murray's Return.
DR.. William J. Murray, the chair
man of the old commission, in his re-
turn to the rule to show cause why
he had not turned over the vouchers
OF the old commission, declared that
the vouchers sought are the personal
property Of the old commission for the
protection of the members and that it
is not conceded that the new commits
sion has the right to demand these
vouchers, but that the new c6nmis-
sion is welcome to look over the
vouchers and make copies, if so de-
sired.
In addition to Dr. Murray's return,
four members of the old commission
make a joint return setting out that it
is not believed by them that the new
commission has the power to demand
the vouchers and the return also goes
into the question of the jurisdiction
of the new commission ending, in
part, that "this commission is not en-
powered to make such investigations
and has no right to demand either the
vouchers referred to Or that the for
mer commission is subject to such ex-
animation Of their actions, except in
so far as they can furnish information
to assist (a) in collecting money due
the State or (b) in defending any
claims by a party claiming under al
transaction with the old State dispen-
sary, etc."
Upon the request of counsel for DR..
Murray the commission agreed that
the return of Dr.. Murray and the
commission go over for consideration
tomorrow. This was in order to allow
DR.. Murray to confer with Attorney
". F. Stevenson of his counsel. Mr..
Stevenson was said to be in another
State but will reach here in the morn
ing.
The hearing tomorrow upon this
particular matter will commence at
noon. In the meantime after confer
ring with Mr.. Stevenson, DR.. Murray
has the right to amend his return i'll
he so desires according to the under