The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-06-10
SUPREME COURT DECISION.
BOARD EXCEEDED JURISDIC-
TION IN MURRAY CASE.
DIR. Murray Keeps VOuchcrs-Writtcn
Decree Confirms Release i'm Con-
tempt Proceedings - New Board
Can Not Secure Papers.

Columbia, June 6.-The Supreme
court yesterday handed down it's writ
ten decision declaring the new dispen-
sary Investigating committee to be in
excess Of it's jurisdiction in adjudging
old commission, guilty of contempt
because Of his refusal to relinquish
possession Of the vouchers of his board
and turn them over to the present
commission. The decision also con-
firms the verbal decree of the court
pronounced at the hearing on We'd
nesday, May 81, discharging DR..
Murray from custody.
The following is a copy Of the de-
cision in full:
"Ex parte w. J. Murray, petitioner
In re the State VS.. w. j. Murray:
"The State dispensary commission
adjudged w. J. Murray guilty of con-
tempt in refusing to deliver to it GER
tain vouchers for disbursement Of
money taken over by the former State
commission, Of which he
was chairman, and in default of purg-
Ing himself Of such contempt he was
committed to Jail. He now brings this
proceeding in habeas corpus, claiming
this his imprisonment is illegal and
that the Judgment Of the commission
is in excess Of it's powers and void.
Section Of the act Of February
"a, 'o0S, provides that the commits
sion shall have full power and au-
thority to investigate the past con-
duct OF the officers of the dispensary
and all the power and auth ority con-
ferred upon the committee appointed
to investigate the affairs as prescribed
by the act to provide for the investi-
CATION of the dispensary approved
January 25, 1906, be and hereby is
conferred upon the commission pro-
vided for under this act,' etc. Section
3 Of the act of January "a, 1906, pro-
vides: "The said committee be, and
the same is hereby, authorized to
send tor and require the production
Of am and all books, papers or other
documents or writings which may be
deemed relevant to any investigation
and to require said person or persons
In Gust ody or possession Of such pa
pers TO produce the same before the
said commission. Any person or per-
sons who shall refuse "a act on the
order or notice Of said committee To
produce said books, papers, or other
documents or writings, shall be
deemed guilty Of contempt of said
committee and be punished as pro-
vided in section g.
Under this statute it is clear that
the commission has power to compel
the production before 1t Of papers
relevant to any investigation it Is au-
thorized to make; and to punish for
contempt in case of disobedience of
the order to produce.
THE commissions order to produce
must be in the nature Of a subpoena
duces tecum and can not operate so
as to deprive the owner or custodian
OF his possession of control except for
the temporary examination and use
in particular investigation by the
commission wherein the owners or
custodian's possession and control
are properly guarded.
''The order of the commission in
this case was not to produce for ex-
animation in particular investigation
but to deliver and turn over to the
commission the vouchers in question.
thereby permanently deprivng the
petitioner of the custody and control.
This was in excess Of the power Of
was seeking possession Of the vouch-
ers claiming the right to them as the
successors in office of the former
commission, the remedy was not a
proceeding in contempt.
THE vouchers in question relate to
the disbursement of dispensary funus
by the old commission, the members
Of which are under bond and claim,
the right to control these vouchers
for the protection of themselves and
their bondsmen until their accounts
are settled after investigation by the
proper authority.
"In the opinion Of the court these
vouchers are so far private property
,I