The herald and news. (Newberry S.C.) 1903-1937, January 22, 1907, Page TWO, Image 2
Bernieim Distilling company,
Louisville, Ky.
W. Y. Johnson & Co., Cincinnati,
Ohio.
Rosskam, Gerstley & Co., Philadel
phia, Pa.
H. & H1. W. Catherwood, Philadel
phia, Pa.
New York and Kentucky company,
New York, N. Y.
Cook & Bernheimer, New York, N.
Y.
H. Rosenthal & Son, Cincinnati, 0.
Fleishmann & Co., Cincinnati. 0.
Fleismann & Co., Cincinnati, 0.
I, Trager & Co., Cincinnati, Ohio.
Ullman & Burton, Cincinnati, Ohio.
Gallagher & Burton,, Philadelphia,
Pa.
Bluthenthal & Bickart, Atlanta, Ga.
Commonwealth Distilling company,
Louisville, Ky.
Big Springs Distilling company,
Savannah, Ga.
Eargle Rock Distilling company,
Baltimore, Md.
In writing to said persons, firms
and corporations, I notified them in
substance that I had been retained by
your board for the purpose of ascer
taining and advising you with refer
ence to the legality of the alleged
sales of liquors by them, respectively,
to the state dispensary, specifying in
my letter the kind and price of the
liquor and date of invoice and ship
ment. thereof. I also notified them
that I was unable to obtain suffi
cient data and information among the
records of the state dispensary show
ing that they had valid contracts of
sale with the former board.of direce
tors, or that they were authorized to
make the said shil.i:ents of liquor. I
therefore requested them to- furnish
ine with such information as might be
in their possession relating to the al
leged sales and shipments, so that I
might,. he enabled to advise you in re
ference thereto, and assuring each of
said persons, firms or corporations
that your board simply desired to act
within the law, and to do justice to
all parties concerned. I further noti
fied them thatI, unless they held valid
cont-aets of sale, it would become ily
duty to advise you to reject the said
shipments of liquor, and that, until
the question of the legality of the
alleged sales of such liquor could be
finally determined, the said liquors
were subject to their orders at the
state dispensary, Columbia, S. C.
Refused to Declare Sales Void.
As-you are aware, quite a number
of the parties, or their representa
tives, appeared before the board at
a meeting held on the 17th of Aprii,
3906, (to which meeting I had invited
them to appear in person or by rep
resentative) and volmtarily agreed to
take back the shipments of liquor
made by them respectively. The fol
lowing is a list of t lie persons, firms
or corporalions so agrevin-g to take
back thle liblors shipped by Ilbenm,
togetier with the invoice price there
(ot, to wit:
L. Thra.er & ('0..... .11,1419.24
S. (Grahfelder & Co. .....4,674.7.1
Big Sinigs l)ist illing Co. . 21,679.95
Bhuthbenthaiml & Bicka rt . .. . 5,296.80
W. W. Johnson & Co. . . 14,027.13
Bernheim Dist ill inn Co. 20016.52
The ot her parties, or their r'epres
entatives, whlo wvere present at said1
meeting, claimed that they had made
legal- contracts of sale with the state
dispensary, declined, for that reason,
to take back their liquors, and insist
ed upon01 your boarmd ret aining and
paying for thle same. A mong such
parties were thlese who had ma<cte the
largest shiipnmen ts to thle state (is
pemnsary to wit:
Anmchoer D)ist illinag c'ompany. 225
barr~iels, $29,320.20. Plischmani & Co.,
520) barrels, $67,981l,.09; New York
amid Kentuciky comnpany', 327 barr'els,
$43,35.28; llman & Co., 55 barrels,
$8,974.59.
It a ppeaUrs tha~ t oher' parmties alIsc
had imad e sundry( ~ shiipnments (of simal
her~ amount s, wIhichi had 1been parmtly
used or~ sold by the state( dispiensairy
in thle regular couirse of its business,
aiid it is unmnecessary to give a I abulla
ted stalteemiint t hereo f, iniasmnuch as
th eir shipimen ts, however small, ex
eept where the same hav'e been aictu
ally used, will be0 covered by my find
ings with reference to the abev named
firms or corporations.
At the meeting held on April 17, I
heard the statements made by the
representatives of tihe above firms or
corporations, as well as of othier firms
or' corporations and also thme state
inent made 'by Mr. 0. HL Charles, the
- ~ clerk of the former board of direc
tors, all of wvhielt ststements were
made public before your board.
Therefore, I .made such investlid
tion and inquiry in the premises as I
was able to make with a view of as
certaining, as far as possible, all of
the facts touching the legality of the
alleged sale of liquor, wvhich'-are men
tioned 'in yoiir rds6lution of March
6, 1006. I soon discovered that very
Mttle could be ascertained from the
papers and records in possession o
1tle state dispensary and my investi
gation of the fact was delayed fo
sonic tiue, on account of the fact tha
the legislative investigating commit
tee had taken into its possession ano
removed nearly all of the books an
redords relating *to the purchase o
shipment of said liquors and, at tha
time, two members of tile said com
mittee were absent from the state
That committee, however, very cour
teously, during its meeting held sub
sequently, granted me free access ti
all of the books and records that weri
in its possesion, and I.made a care
full search and examination thereof
in order to ascertain every fact tha
might be disclosed by such examina
tion. I also attended a number o.
meetings of the said committee, fo
the purpose of hearing the testimon,
taken before it relative to the trans
action of sundry and various liquo
houses with the former board of thi
state dispensary. It is to be regret
ted that the records are so meagr
and (lint so little can be ascertainc
therefrom, but from the examinatioi
and investigation I have ;nade an<
information given me, I find thi
following facts:
The Findings.
1. That during the latter part o:
the year 1905, and in the early par
of the year 1906, the shipments o:
liquor made to the state dispensari
at Columbia appear to have been al
most unprecedented in the history oj
that institution. The statements ol
Hon. W. 0. Tatuin, the commissione
of the state dispensary, show that th<
shipments were so unusually larg<
that he rejected several earloads, ani(
ordered that the same be reshipped t<
the consignors.
2. That there does not appear t(
be, among the records of the stat
dispensary, anly miii nut es of' the meet
ings of the former board of directori
slbsequent to tle Imleetinl.g ill Febri.
ary, 1905. Although I made diligeni
search and inquiry for the same, ani
although it was stated by Mr. Char
les, the clerk of the former board
that he left cerfain minutes ill a desl
in his offive at the time lie severe
his conmlcelion withif tle institution, i
has not been possible to find any suel
book. I was informed by members oJ
the legislative investigating commit
tee that they also had made diligeni
search and inquiry for such minutes
but were never able to find the same
and that no such minutes had eve:
been in possssion of that committee
for that reason.
3. That there does not appear t<
have been kept by the former'boar(
of directors, as is required by law, i
book in which is recorded all of thi
hids made for the sale of hlquor t
tle state dispensary. I (id discover
however, a book in which has heci
pwdled various hids for the sale o
liqllmr submiiitfed by sindry firm1s n111
corporations, some of these apparent
ly being~ thie original bids that ha<
biein filed with thie staite Iraue
whil e otfhers were cl early ea rhoin copi
es ofI said bids. Tu some instaonces
therec apipears ti lie an originial an
two copies; ini other inst aces, an or
iginal and( one cop)y of such bids. I:
th is bo ok T also found thaf on D)ecemi
h)er 4, 1905, the firms of 11. IHosenthai
& Sons5, as appears b)y their letter i
said( b)ook, forwarded their hid to lh
state treasurer, and, at (lie same tim
forwarded a copy thereof to thle stat
board of directors, in clear v'iolatio:
of the dlispensary law.
4. That I have not bein able
ascertain from any records or othe
data ill (lie state dispensary, any evi
dence whatever of awvards madet
(lhe vairiouis liquior houses submliit tin
hidus iturintg thle laf ter pair t (lite yen
1905. Nor have any of (lie pa rties r
firms, upon my request, submnitte
any evidnce1C of valid contracts r
sale, or flint awvards had been mad1
to them upon their bids, except in
fewv iristane ', felegraphiie ordlei
from Mr. Charles, clerk of (lie fme
mer board(' of directors.
5. Th'lat from admissions made b,
(lhe parties,' oir their r'epresentaitive:
as well as statements made by Ma
Charles, f'romer clerk of (lie hoard,i
appears t hat (lie liquors in questio
were or'dered shipped to thIe stat
dispensary b)y Mr. Charles, clerk c
the board, and thant these orders wer
sometimes made by letter, freguni
ly b)y telegram, sometimes by tel(
phone, and at other times v'erbanlly
reCpresentatives of' the liquior' hiouse,i
Columbia. Mr. Charles claimed tha
his actioni was based upon a resolui
tion of thle state board of directors
which gave him authority to mack
such orders.
6. That on the 11th day of October
1904, as appears from the minutea
the former board of directors adopt
ed the following resolution:
''Resolved, That the majority o
the board of director* he suffielent t
aulthloriz/e the clerk and commissione
to ordler out any goods that 5sa4
board of dirootor may. ptre."e
f On the' same day, bul',appearing r
- subsequently in the minut'es, Is the i
following: -
t "The board, after discussing sever
al matters, instructed the,clerk to n
I order out such goods as Navs needed r
i by the dispensary, until further or- i<
r ders, and adjourned to meet"the regul
t ar time in December." r
It is evident that these are the res- n
olitions referred to by Mr. Charles e
. as his authority for ordering liquors. b
So far as I have been able to ascer- i k
y tain, none of the liquors in question s(
a were shipped under written orders, I
- signed by any member of the former
, board of directors, and it appears
t from the statement of Mr. Goodman,
- representative of Anchor Distilling n
i company and Ulman & Co., made at o
r your meeting in April last"'that lie si
did not know that the houses repre- d
sented by hin had ever had a writ- 1
r tell order from the board of directors, in
that he, himself, would direct the ii
shipment of liquors from his houses b
3 on orders given to him by Mr. Char- c
I les, who sometimes gave him a verbal- p
order in Columbia, and at other times i<
gave him an order by telephone. No a:
record seems to have been kept by si
Mr. Charles of those various tele- p
graphic, telephone and verbal orders
for liquors.
7. I find that. the shipments of t(
liquor to the stale dispensaorY be
tween October 1, 1905, and tie 1st cc
day of February, 1906, were very at
largely in excess of the amounts nee- a
essary for the use of the dispensary ai
during that time. is
R. That tihe adverl:sements issued ol
and published by tlhe former board of p
directors and upon which bids for b
liquors were solicil ed, fixed a mini- in
mum value below which no bid could oi
be received. Thatt part of the adver- ed
tisement. which relates to the liquors
covered by your resolution is in the la
following language: "We also solicit le
bids on rye liquors to grade in value I
at $2, $2.50 and $3 per gallon: corn y
at $1.75 and $1.85 per gallon; anl e
malt at $2 and $2.10 per gallon.'' d
9. That, on the 12th day of Octob- fj
or, 1904. the attention of the board of ;
directors was called in the manner in S
which its advertisements for bids p
for liquors were made, as appears ell
from a letter addressed to th.e board, p
which is as follows: b
October 12, 1904. st
T'o the Honorable Board of Directors, ft
of the State Dispensary, City. si
Gentlemen: After a mature study si
of the mode of advertising for bids a
on bulk goods by the board, I have ti
conie to tie conclusion that it would. tf
be more in accordance with section 0:
557 of the dispensary law and for n
the best interest of the institution, I
an( the consumers of whiskey in the d
state, for.your board to cliange your t<
N ew berr
Capital stock paid in
~Surplus. . . .
Deposits . . . .
We do business on bu
We extend every cor
Swith safe and sound bal
Four per cent. paid 01
Department 'Fi:
Burglar Pri
JAS. McINTOSH,
President.
~THE B4UK OF
PROSPERI
Gupital Stock - --
a Undivided profits -
" Interest allowed at rate of 4 pt
- Special attention to farmers'
' srnall, none too large to enlist our
to meet and greet you. Call in.
G. Y. Hunter, lPresident.
- J. F. Browne, Cashier.
N. L. lack.Board of D
N. L Blck. A. H Hawklr
S. S. Birge. . S Wheele
S. P. Booz er. . \& ite
ext notice so as to pIae the awarid
ig of these contracts strictly :on a
iimpetitivo basis.
I would be pleased to take thiE
latter up with you and, sub0it mj
3asons, which. are. too long and tedr
mUs for a letter.
With the assurance' that My onl
3ason for making this suggestion i
ty interest in the institution and the
)nsuners that you and myself have
aen elected to take care of, and.the
nowledge that each of you, like my.
lf, has their best interest at heart,
am, Yours trult,
W. 0. Tatum,
Commissioner.
The above is a statement of ni
aterial facts relating to the legality
C the alleged sales of liquor to the
'ate dispensary, and shipped to' it
aring the latter part of the year
)05. Of course, there are a great
any other facts and circumstances
directly bearing upon the question,
At so far as my conclusion is con
rned, and for the purpose of my re
)rt, it is unnecessary, in my opin
n, to set them, out in full, inasmuch
I have reached a definite conclu
ated, when applied to the law ap
licable thereto.
The law providing for the purchase
liquors for the state board of direc
's is purely statutory. The board
directors, while in one sense offi
irs of the state, still, in my opinion,
-o mere agents of the state, so far
the purchase of liquors isinvolved,
id their authority to make purchases
measured and limited by the terms
the statute. The board has no
>wc-s, except such as are conferred
the statute, and it has no rights
reference to the purchase of liqu
s, except such as are plainly declar
and set forth in the statute.
In section 557 of the dispensary
w, as amended by the act of the
gislature, approved March 2, A. D.
103, statutes at large, volume 24,
ige 117, "It is provided, among oth
things, that the directors of the
spensary shall advertise quarterly
r bids to be made by parties desir
to furnish liquors to the dispen
ry for such quarter. It is further
'ovided, that the bids shall be se
irelv sealed with the seal of the com
iy, firm or corporation making the
d and forwarded by express to the
ate treasurer, Columbia, S. C. It is
ti-ther porvided, that only one bid
all be made by any one, which shall
ate the quality, price and chemical
anlysis thereof, and, at the same
me, ''and accompanying said bids,
tere shall be a sample of each kind
liquor offered for sale, containing
>t more than one-half pint each,
h1ihe sample shall, on its arrival, be
Aivered to dispeisary commissioner,
be retained by him until after it
v S. C.
. $ 50,000.00
. . 25,000.00
. 235,000.00
~iness principles.
sideration consistent
Iking.
i deposits in Savings
rse Proof Vault.
>Of Safe.
J. E. NORIWOOD,
Cashier
PROSPERITY,
TY, S. C.
- - $'25,006,o0
- - 1 2, 160.00
r cent. on time deposits.
accounts. No account .toc
:pst attention. It Is a pleasure
I. S. Wheeler, Vice-President.
[;unt, Hunt & Hunter, Attys.
areetorat
s. RB. Warner
has been aseertained that the wines
or liquors purehased correspond in
all respects with the sample, said
samplO to, be the proyrty of the
state. '. By the express'terms of the
statute, the statIe treasuret 'shall
not himself) or allow' any one to in
spect said bid or.wtha envelopes con
taining said bids, bnt shall deliver
said bids to' the directors of the dis
pensary, at a meeting of the board of
directors, who ,shall open said bids
in public, and record all said bids in
a book kept for that purpose."
The statute further provides, as
follows: "Said directors of the dis
pensary shall pui-chase all alcoholic
liquors for lawful use in 'his state,
and shall haye- the same tested and
declared to be chemically pure; and
if the wines and liquors purchased
fail to correspond in 'any respect
with the samples furnished, the seller
thereof shall forfeit to the state a
sum not exceeding the value of said
liquor, to be recovered in an action
brought by the state against such sel
ler; and said contract bidded, for
such quantities and kinds of liquors
as may be deemed necessary to the
dispensary for, the quarter, and said
contracts shall further provide that
the directors of the dispensary may
order additional quantities of liquors
sufficient to supply the dispensary
should there be need of more, from
Feed and Sale Stable
-:- AT -:
NEW BARN
-:- OF -:
A. T. Brown on Caldwell St.
Brown & Co.
rend SIOu
Before Tak
Commencing Monday, Decei
our annual fall clearing out sale
when we put out an advertisern
not a catchpenny and windy scl
strictly business matter, 1st. T
trouble and expense of taking
bargains to many people. We
or one fourth off of the followin
All Clothing, Men's,
Colored Vinte*r Dress C
all Ladies' Jackets, Car
mere for Men's Pants;
dies' Hats and Fascina1
Squares; all Trunks.
This sale positively goes into
and will end any time we may<
early and get choice selections
of goods outside of our special
we claim we cannot be beaten.
Sewing machines, guarantee ui
reliable Domestic Sewing Mac!
For Christmas presents don"
Our 28th car, making 3000
Flour, has arrived and going rt
Best Patent - -
Best H alf Patent -
Kill dried Meal ..
Kill dried Grits ..
Every barrel guaranteed. B
may have to pay $6.00 for sam
vances. We are selling hundr
No goods on probation or ch~
P ROS PE R
STAT E
Of the Condition of the Commercial B1aula
of business Dec
RESO0URC1Es,
Loans and discounts,.......,$270,010 89
Demand loans................ o,84r 8i
Overdrafts secured .......... 2,69 o4
Furniture and Fixtures.....-3,116 93
Due from banks and bankers 114,576 94
...................... ...... 6,400 00
Silver, nickels and pennies 778 53
Cheeks and cash itemn,...... 4,910 .53
TXotal............... ... $456,67
STATF, OF~ SOUTH CARONINA,
COUNTYV OF NE~WBidhi~.
Befoi-e me crne,J. i. McFall,'who b
stotent is a true condition of said, bai k
Swo'rn to-ad 'subs Hb<l be(Oreme,
Corret Attest:
Geo. -W. Sutnr1. '
41W0,%"Pjf VC4841"a"T&J AUJV4
the same, persons or 'corporati,ns at
the sarba price, for that quarter."
The following significant. proviso
is also in said section, to wit: "Pro
S. B. JONES
RESTAURANT
10I THV PLAOR TO GET
Good Things to Eat
ON SHORT NOTICE AND
AT MODERATE PRICES.
Oysters on Half Shel. Oysters any
Style.. Fish, Game, Steak, in fact
Everything that the market affords.
Patronage of Ladies Solicited.
Opposite Newberry Hotel Office and
Next Door to Pool Room.
' LOOK FOR THE SIGN
S. B. JONES'
RESTAURANT
NOTICED
Before letting
the contract for
your new build
ing see W. T. Liv
ingston. B e s t
Work. Lowest
prices.
Lock Box No. 59.,
Newberry, S. C
ghler Sole
:ing Stock.
nber 17th, we will commence
. People have found out that
ent it means something and is
ieme to fool the people, but is a
clean out our stock, to save
stock and 2nd. To give many
will positively give 25 pel' cent.
g goods:
Boys' and Youths'; all
oods; all Ladies' Skirts;
es and Furs; all Cassi
Men's Dress Shirts; La
:ors; all Rugs and Art
effect Monday, Decernber 1 7th,
:hoose to call it off, so come
We have an Immense stock
iale, and for bargains all around
We have special drop head
ilimited, for $17.93, and new,
lnes $25.00.
fall to see our selections.
barrels of choice Tennessee
pidly at following prices:
-- - $4.35
- - - - 3.85
. . 75 cents.
bu .$1.75 sack.
etter bu o,next spring you
e flour. Buy before price ad
ads, let us sell you.
arged at these prices./
ITY, S. C.4
M EN T
Located at Newberry, S. C., at the clos
enmber 20, 1906.
UndiidedproinerLren.
expenses and tan) paid.... 43,36r
Due to banks and but k ers---- 5o8
D)ue unpaid dividends--.... 727
Individual deposits/subjectto .
Sayngh eoIts.....