Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

E FARNKlU .A N CASE DECIDED UMPH lOR DISPENSARY COMMITTEE. eCourt HasgExamined His Papers-Says Some of Them Relate to Management of Liquor BuinemS and Conmittee -Has Rght to Them. Columbia, December 22.-The inion of the court, after reciting e history of the case, says: The fendant's claim, that the resolu n contemplated unreasonable rch of private papers, is based n a complete misapprehension his position. The State has un etaken to take charge of the en e liquor business of the state and prohibit any private person or rporatioi from buying or selling quor, except as they may find war t in the constitution. The defendant, as a dispenser, is officer of the state, keeping for a dispensary in the city of Char ston. He has no right to any pri" te business connected with the spensary, and presumably has nc ch business. All books, document. lets jn that dispensary pr cie which relate to public busi4 ess, are open to examinition b] y committee of the general as ly. The offices and place o siness, of . this dispensary . stan< ecisely in the same relation to thi e, as the state treasVrer's offic( proposition would not be coun ed for a- nt, indeed uld ha .-anc0, that tha n d into his offic fha .ation, couldP V ight des d 4eny the o their character at such an exami Id be unreasonable private letters. In such owever, neither the officer the committee can be the final -biter as to the character of the apers. ~If the question is seriously ade under oath that by any means rivate papers in no wise relating >the duties of the office or its af drs happens to be actually in the ffce-it is the duty of the court nder proper proceedings to inquire to the matter as a judicial' ques on, and examine the papers them eves to ascertain what the papers late to, whether private affairs, otrary to the presumption that ey are public documents. It is te plain and obvious public duty f any officer to keep books, letters d other documents relating to te business of his bffice, and to the anner in which he has discharged rfailed to discharge, its duties, in e place where the public business ith which he is charged is con dcted, subject to examination by ay of the committees appointed by e general assembly, and upon an plication for mandamus to comn 1 him to perform this obvious blic duty. It is essential for the urt to ascertain the facts and in rm itself~ ether there has been actu al of public docu e ublic property, and re them for exami court has in this to do by a careful he papers them mination has dis of papers relating ransactions in Al such pa ents, subject e commit relate in him by dealing with liquors in a manner forbidden by law. It is difficult to conceive any < foundation for the contention that a the examination of such documents I can be denied to the committee as an unreasonable search of private papers. From the papers submit ted to the court all those which re fer to dealing in spirituous liquors have been separated and placed on file in the office of the clerk of this court. under seal, these are subject to the examination of the commit tee. It is, therefore, ordered that a writ of mandamus be issued re quiring the defendant, as dispenser of dispensary No. 12, in the city of Charleston to turn over to the com mittee the papers and documents now on file with the clerk of this court as the public documents - of dispensary No. 12 on such day and at such hour as the committee may designate on twenty-four hours' no tice to the defendant or his attor ney; such transfer to be made in the presence of the clerk of this court, with a right to the defendant to be present at the examination by the committee of such papers. After the completion of such examination, it is further ordered that said pa pers 1e returned to dispensary 10 12, in the city of Charleston. The supreme court tonigt ha d ed down its decision *r-the c bra ted Farnum case. /Ve ion for an injunction to4estra the legis lative inves ittee from examinin"e s, which Far num c e private..was de Scid aga"s the petitioner for ndaing he papers are deemed to be-s ect to inspection and-the - of the court, written by Jus -efeect that to piaepapers. Soerestric tions as to the manner in which the papers are to be examined, were placed by the order of the court. It will be recalled that the com mission or a committee thereof, sought to insp6ct the books and records at Farnum's dispensary and3 that it was discovered upon a sub sequent visit that some of the pa pers had been removed. The com mittee secured from the Chief Jus lice an order to have the papers re turned, but Farnum instituted coun ter procedings to prevent the papers from being turned over to the com mittee. The supreme court ordered the papers sent here for inspection by~ its members, and tonight handed down its final ruling that the papers in the possession of the clerk ofdthe supreme court should be turned over to the legislative committee by the clerk of the court in the pres ence of Mr. Farnum. A man who lives in the suburbs and brags about how much he saves on his rent always forgets to figure in the commutation and the extra coal bills. NOTICE. the undersigned, Jury Commis sioners for Newberry County, S1 C., will on the 3rd day of Januar , 1906, at nine o'clock A. M. in ~fe office of the Clerk of Court d 'w the names of thirty-six men 6vho are to serve as Petit Jurors fo~r th e court of general sessions forliNew berry County, S. C., beginnir g Jan uary 22nd, 19o6, and conitinuinlg for one week. At the same 4ime and place we will also draw Ve Grand of twelve men to serve/asGrn Jur or Newberry Couinty, S. C., foyear 1906. Jno. L. I2pps, Win. W. Cromer, Jno. C/' Goggans, Commission/ers for New % As to PensiOns. I will be at the auditor's office ach Saturday in January to receive pplications for new pensions. Old ensioners are not required jo ap oly. . W. G-.Peteraon, Pension Comrnissioner. NOTICE. All persons having claibns against he estate of James W. errick, de eased, will present the saTe duly at ested, to my attorneyd Messrs. -1unt, Hunt and Hunter, n or be ore the 15th of January, ,9O6. Ella M. Derick, A,dministratrix of the est te of Jas. W. Derrick, deceased. B 0ter Z; - YWr Prospects We have ed of lelde on whc& of stwZe"Swr ts of these crops were ure$- Ther am much r prospeiite" ahead for-fte re Mots of t4, south. ad three bales to the har we -o ordinary yields wlere. ..SwusealVwih -prow..ul~tlP Make youlecotton vistare-es~, ethus ape the boll weev s 41amaginsects; You can do this. aswell s increase tben ofbo s a ndr) o r ant by plentif y u Vti4 lina FertW/hs. This method will e ce yor 4eld , an D o led Into uy haesustainedts. Richmn ah sta-n aiml, to es as maniested tC 3iO.moe.Kd Gw NOTICE TO CREDITORS. All persons holding claims againsT the estate of Matilda Beacham, de ceased, must present the same, duly attes.ted, to the undersigned executors on or before the first day of January, go6. And all persons indebted to said estare will make peyment by said date. J. 0. Moore, W. T. Gibson, Executors. Brick! Brickil For Sale by C. H. CANNON. 14th Car, Mal EXPECTED And we will make son Flour until Ist Januarl soMe red hot prices or Acritions. We havy goods, and are p;.pari Com right al and will be ony/ed. Pi 9ell the ds at the 01 does Aake to you wi u get the ds. MOSE py Ne~ hoicesilDie! :e and B] lequate to expi Ifelt appreciatiol s that were mac rue fire-fighters a -citizens who h istructionl by firn 19053 Not a m --all were ready, not express our our hearts tow ore loss, but we d Affetion of ot w Year withoult man creature, 'supon all. kt st arve the Love ar owards us in thE Yours with - E T' Come to see my 10 cts. Counter, 25c. values for 10 cents. loc. values for 5 cents. J. W. WHITE. ing 1,400 BbIs. nesse Four TU fAY, e Ch as prices on , 196. We will. make soods of most all de lenty neW, nice nobby d to do the right thing. Oive us a look and you ple say Moseleys can't ces. What difference at people say as long, LEY BROS. v Year sinslo All ack. ess our .sincere for the manful e by our noble, s well as by our eped to save our on the morning an failed to re willing and wait sincere gratitude ards you all. We feel rich in the r fellow-citizens n angry thought and pray God's. al be our con d Affection that . hour of need. obligation, ER .