The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-05-05
As to Oroginal Contract.

Gas stated to you in our previous
communication, the original act Great
ing the State dispensary commission
did not confer, as We and the other
attorneys advising the commission
Believed, any power upon the commits
s3on to take any proceeding toward
collecting claims Of this character.
Our Original contract of May 9, 1907,
did not employ US to perform any SER
vices looking toward the collection of
claims Of this kind. We advised the
commission at several meetings that,
iR our opinion, there were a number
OF persons liable to the State, who had
previously been settled with, and we
also advised the commission that the
contract then existing with us,in our
opinion, did not authorize US TO pro-
ceed in behalf Of the commission of
the State against such persons. We
also expressed the opinion to them that
the commission had then no power to
employ US or any one else to take ac-
ton against this claiss of persons.
Winding-Up Act Amended.
"Subsequent to our having express
ed this opinion, the legislature of
South Carolina amended the law
creating the dispensary commission
and defining their powers, so as to
authorize them to proceed against
persons who might be, in their opin-
ion, indebted to the State, because of
past transactions with the State dis
pensary. After the passage of this
law, in open session of the commits
sion, the effect and purpose of the law
was discussed and the commission
then and there, in open meeting, au-
thorized US and requested us to take
such steps as we might deem best to
collect from these parties the sums
for which they might be indebted to
the State, subject, of course, to their
approval from time to time, and to
receive the same compensation there
for, as under our contract of May g.
1907, We would be entitled to re-
ceive where we saved to the State any
amounts on back claims.
Taken as. New Agreement.
SfThis action on the part of the com
mission was construed by US to be a
new agreement, relating specifically
and only to this class of claims, and
We were under the impression thai
some formal record had been made ot
it; but, whether so or not, as matter
of fact, We Immediately commenced
active efforts to collect certain claims
of this character, in connection with
which We believed We had sufficient
evidence to support the claims anG
from time to time made settlement:
with different persons, against whom
such claims were made, and made re,
coveries against others, receiving tht
approval Of the commission in eact
case before finally acting, accounting
to the commission for the results O.
our action and receiving from then
the compensation which We were en-
titled to as to those matters which
have been finally concluded, excep
the matter mentioned in our last com
munication to you.
1--WE are quite sure that DR.. Murra,
could not have had in mind the fact:
horein detailed when he APPEARED be
fore your body, Or that he did not rec
ognize tho lcg2! effect Of the actor
Of -hn c0T2niSeion relative to this clas!
OF claims. We are sure that he vii
ccnc'lr viii: Ire CORRECTNESS. O. ~
statements .: facts herein contained
g :, F"!dn~'S importance.
:tTTrhil. :. = -"Hs -,ha:: Our NJ. T. 2
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