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W=( V. T R. ST VBWISON DOS NOT 1X003VMD IT. ems t. Tbnk the Commision Should Not Hes,tae. to Make In vestigation of'Question- - able Deals. tate, 19th. The attorney general, Mr. J. Fraser Lyon, and. Senator Francis. H. Wes-' ton, who represents Clarke Bros. & Co., of Peoria, Ill., the 'liquor concern which sold the famous $100,000 order to the state dispensary, went over to Cheraw last week to consult Hon. W. F. Stevenson, attorney for the dispen sary e.ommission, as to the right of the commisison to accept all of the Clarke gopds. These 'goods" were receiv6d at the state dispensary before the local option law went into effect but the legislative invetstigating comlumittee, of which Senaor Niels' Christensei wIs chairman, reported tlthat these purehases were illegally mande and ordered, that no more money be paid h-.-er Clarke Bros. & Co, or to hn & Co.-,whichl, it might beJ are practically one and the e 4irm, according to the testi mony. When the commission appointed un der the special act to provide for winding up the affaim of the state -dispensary took charge it was decid i ed to accept and pay for none of the Clarle and Lehman goods except -what had actually been accepted and used. The Clarke conlcern has black lisetd itself by sending a sample case of whiskey to a member of a county board. Mr. -Win. E. Hull, president of Clarke Bros. & Co., appeadeir hefore the comumiss,ion and offered them the goods at a price considerably less than the original invoice price. At torney General Lyon was requested by the commission to go to Cheraw and consult with Mr. Stevenson in regard to tie proposition. He went over Thursday evening of last week in company witlh Senator Weston, at ,torney for the liquor concern inter ested. The matter was placed be fore Mr. Stevenson and he was re quested to furnish the commission with his opinion as early as possible. Mr. Stevenson takes the view that the commission has the authority to accept any or all of the Clarke and Lehman purchases, blt he does not advise the commission what to do. Hie says that it is a matter of diseretion -with the commission. The evident purpose ~of the coin iimission to probe to the bottom all - irregularities connected with the ransactions of the officials of the late dispensary and to assist the at torney general in securing evidence against p-ersons wvho have been guilty - of. violating the law~ is revealed in 'h~ following sentence of Mr. Stev enimon 's letter: It shall be necessary and desir able for, the legal dlepartmenmt of the state; to prosecute such officers as have offended agaihst thme lawv in the purchase of liquors and this -discr'e S tion to return or not thme goods to the pensons who have sold illegally to the state was probably inteind.cd to give an additional leverage-to the commission to proede evidence of t tihe facts relating to such s'ale from the persons selling. 'The eommission can and should require a full exposition of the comn missions paid to thle person securing the order under investigation, the method of payment, the person to whom paid, and whether any of the same ever came to, the hands of the * ember of the boai'd making the pur' ase and whether his expenses on :rip to Peoria, Ill., were paid di l~y or indieertly by the seller or hile Mr. Stevenson holds that misiSon has'the right to ac )l of thme Clarke purchase if it t, the above extracts from his on indicate pointedly that lie ot recommend the acceptance goods until the matter of the 'of thmeir purchase has been to fully, and not until the ~is convinced that there (ebates plaid to any omeiial lispensary in connuectionl iapurchase. hr ~i on's opinion is hr Murray, Chairman, and *H. Weston and J. Fra. yColumbia; S. C. The question subinitted tnight',by Messrs. Lyon ;j as folows:, - A ~tae diBpensar4 cotmis ~ niler'the, act approv e~o 1~brif, 19p, to U01tinka t they deem igardt of di ectors, such. carrying out jf the contraot bping. i: 6ousidera ,ion of concessions" Wade, iihieh in. I judgmen't 'of the conimission, nhke it advaitageous to' the' state to arry out the said qoptraet in" liei of esoinding it. The- act provides in. moetion .3, as follows: "It shAll be the duty of said corn nission to close out the entire busi iess and property of the state dis ponsary except real estate, afid in 3luding stock in the several county iipensaries, by disposing of all goods iud property connected therewith by ollecting all debts due and by pay ing from the proceeds thereof ' all just liabilities at the .earliest date practicable. Said commission shall be at liberty to make Auch disposi Lion upon such terms, times and'con itions a6 their judgment may dic tate, piovided that no- alcoholic li quors or beers shall be disposed of within this state except td county dispensary boards, and all liqudrs illegally bought by the prsent mai ngement may be returned to the per sons, firm oi- corporations from whom purchased.'' Then follow the Ilethods by wihieh they mpny deter mine tie legality of the said pur ehases. Setion S providos for the investigation of the pAst 'affairs of the dispensary in so far as it may be deemed advic'able by the said com niission in winding up its affairs. I will state that the addition,al question was made that the state dis pensary had used part of the pur chase of goods about ivhich these questions arose, probably 30 per cent. The statute provides that they shall pay all just liabilities. The legisla ture evidently contemplated the pay ment on an equitable basis of all lia bilities and instead of sayin, all le gal liabilities provided that they shoqld pay all just liabilities. The uisP of that term evidetly, to my minld, contemplated their Iaking11 an equitable adljust Ien t of all a ffairs, andA whetlher a claiml was leg",i or1 not, if it were equitable, in otlier words, just, why it should be settled and only on an equitable basis. The leg islature als6 evidently intended that. purchiases which had been made with ouil Conforminin- to the law as it stood shon1d not be considered as absolute ly and of no equitable force, at least, heeause thy treat them as being hou1it but in an illegal manner and it does not east upop the commission t lie ironelad duty to return the goods and refpse to recognize any right of the seller, but it provides that they may be returned. My idea is, that the legislature contemplated a speedy winding- up iof the dispensary 'affairs and also Conttemplated Ile Condition which exists in this instanlce of file state's being unable to return t lie goods as a whole, iavin.uscd part of the same" and, therefore, its heing necessary to make some equitable ad justment, relative to the same. Con tracts are made as a whole, especial ly relating to sales of personal proper ty aind 'must b)e car'ried out ,as a whole or rescinded as a whole, and while t:he state is in the positions of being free from legal process aiid therefore, capable of' making exactly such set tlement as it sees fit, regardless of the rules of law, still it is evident that the legislature, expected them to (10 justly in making g.ieh settlement. Cases might arise, and in fact have arisen, wvhere the goods upon which no profit p)rob)ably is realized by the maufacturer have all been used by the state and, therefore, can not be returned and the goods upon which a large profit.is made arc st,ill on hand, and to return them without return ing the other goods might be inequi table anii tile legislature contemplat ed such conditions in mak'gg thme pro vision pcfmissive instead of manda tory. This position is still further fortified in my mind by the ideun con tained throughout the whole deal and all contemporary legislation relating to this subject, that it shaill ho nee essary and desirable for the legal de prtmnft of the state to proseculte such omeer's as have offended againist the law in, the purehase of; liquors, and this diser'etion to return or not tihe gonods .toi persons who have sold illegally to thme state, wvas pr'obably intended'to give an additional lever age to the commission to procure evi dence of thme fagts relatinmg to such sale from the per'sons selling. The c.ommission can and should' require a full exposition of the commissions paid to the persons securing the or der under investigation, 'the method' of payment, the person 'to whom paid, ang whether any of the sarme ever-ecame to the hatids of the mem.. ber of the' board makings the purchas? and whether his expenses on his trip to Peoria, Ill., werE paid directly or indlireetbly by the seller br' seller's agent. If the terms should;:be 'held i nAndatory and it was nee#sary with out negotiatios 'to rettrm the goods absolutely, this leverage wottid be lost beoca na 'n~ erson sn1ellt eom be he board at all, but would bie held a strict legl right to receive back iisgoods. This is- an additioqal rea on why I thitk the"board has a right .o make a prdper adjustmnt' and ay for' the goods on equitable basis. Mherefore, I tbipk that it is a Matter )f sound discretion with the bmiis 4on as to whether or not -they will re koive and pay for such purchases, on vhat terfis they. will do- so and upon what conditioiis they will negotiate lor such settlement. Their legal right ;eems to be clear and it is simply a natter hf policy for tihe board.' The rule is clear that the usual rnepiig of the word 'may" in a statute is. permissive, that it gives liseretion to the' parties working un Ier the'statute, but 'it may be con ;idered to the mandatory undbr cer 1ainl eirieumstaanees but Potter's,Gwar ris on' statute, page 220, in not lays rlown the following rule: ''But no eneral rule can be laid dowin on this itubject further than such exposition ught to be tdopted that shall carry in to effect- the true intent and object of tho enactment. Thie ordiniary mean hig of the word whieh is permissive ouil to be adopted anld miust be prestlined to be intended 11unless it would manifestly defeat tihe object of the provision.'' The same language practically is used in. Minors against the Mechanies' banlik, 1st 'Peters, U. S. Sup.. Court, page 64, where the text, is as fo'lows: ''But 11o general rule can be laid down upon this sub Ject further than that exposi tion ought to be adopted in this a ill other cases which carries into ef feet the true intent and object (if tle legislature in the enactment. The or diiary meaning of the language must be presumed to be pelissive unlesc it would be maiifestly to defeat the object of the provision." As T have endeavored to shoiv above, I tiink tle diserelionary con sI i.1rn<.1ion is borne 41u1t by tihe terims of the Statulte and11 all conterill)wary leg. islation. I think at least t1hat therc is iotling.". to rebuit. the presmlliptiol that it is di"cretiolary in the termE of the siaute and under these auth orities those who cla.im that the t6rim are mandatoryN. must show that they are and rebut tile presumlliption tha (hIey are permissive. W. F. Stevensonl, Attorney. March 15, 1907. A Sorry Prospect for, the Future. Womain's Home Companion.: Dupre had been rather a naught, boy. onl street. ear, and after thei reacbed home his mother correcto( him in the good old-fashioned way though not anything like so severel. as5 he imnagined. ''Now, Dupre,'' lie said, ''I hop< you will remeibr what happeni when boys do not obey their mothers and next. time we are on the cars thal you will sit quietly, ag mother tel you.', ''Yes, m-m?mother,'' he sobbed. '] w-will if I am c-c-ever able to s-s-sil down anywhere a-a-again.'' ALL KIND Of Plumbing Done on Short Notice J. W. W HITE. CHARLESTON & WESTERN OAR ,OLINA RY. Schedule in effect January 27, 1907 Lv. Newgerry(C. N. & L.) .12:36 p. m Ar. Laurens 1:42 l1. m Lv. Laurens (C. & WV. C.) 2:10 p. m Ar. Greenvifle 3:35 p. m Lv, Laurens 2:07 p. m At'. Spartan burg 3 ;40 p.m Lv. Spartanbur-g (So. Ry) 3:50 p. mi Ar. Henderso.nville 6 :25 p. mn Ar. Asheville 7:30' p. mi Lv. Laurens (C. & W. C.) 1:50 p. m Ar., Greenwood 2:46 p. ma Ar. McCormick 3:40 p. m Ar. Augusta 5:30 p. m Pullman 'Chair ears between Au gusta, Laurens fand Asheville, tri weekly. Leave Augusta Tuesdays Thursday and Saturdays ;leave Ashe ville Mondays, Wednesdays and Fri, days.., Note:, The above arrivals and do partures, as well as connectio*s with other coinpanies, are given as infor mation, and are not gualanteed, Hrnest Williams, Con. ss. Agt., Augusta, Ga. Geo. 9.' Bryan. The New Victor Records or the Month of March Are on Sale at SALTER'S Art & Varietj Stor< TRADE MARK REGISTERED L FARI our compe to be "just original Fh buyers shoi This is the Fa Norfolk, Va. , Columbla,S.C. P.' plo Harness Barb Field and Pc line of I New ber A Poor Organ. Wo Dam(s) the bile., That's wvila; your on liver does ff it's torpid. Then the pro' bile overflows into the blood-poisons noti your system, causing sick-headache, tiot biliousness,. sallow skin, coated ten- day gVe, sick stomach, dizziness, fainting pla, spells, dark rings- about 'the eyes, the worn-out look, etc. Ramon's treat- 'ai ment of Liver Pills and Tonic Pellets strengthens the liver-makes it & its a. own work. Prevents and .cures these All troubles. Aids-doesn't force.. Entire Nei treatment 25c. sai< as NOTICE OF ELEOTION. Pursuant to an Act of the General Assembly of. the state of South Car olina, enjitled "An Act to devolve Eul the duties of the Board of Public 71E 9A "Imita is th incerest Flal The unprecedented popularit3 OERS' BONE fertilizer has in titors to advertise Fish Guano, : as good." FARMERS' I )h Guano, and, to prevent being ld be sure that our trade-mark I only guarantee that you are gett rmers' I Made with Fish F. S. ROYSTER GUANO C w Get Made andI Wire, Cu Wire Nails >ultry Fencing 2 -Iardware in th ry Hardv rks of the Town of New4ierry up Town Council of said Town'' ap ved the 13th day of Feby,, 1007,. LOe is hereby given that an elee will be held on Thesday the 2n1 'of April, 107, at the usual voting ,e in the Couneil Chamber upon question of "approval" or ,ainst approval'' of said Act. olls to be opened at 8.00 o'clock u., and closed at 6.00 o'clock p. m. qualified voters of the Town of vberry will be eligible to vote in, I election. The following will act managers: 'hos. F. Tarrait; F. M. Lindsay;: . A. Summer. A. T., Brown, . S. Werts, Mayor. C. & T. T. C. N. tion e Itery" r of Royster's duced some of claiming theirs 30NE is the imposed upon, s on every bag. ing the genuine lone Tarboro, N. 0. D Macon, Ca. irs, t and mnd the best e State. are Co.