The herald and news. (Newberry S.C.) 1903-1937, February 04, 1908, Page TWO, Image 2
1 v/
the dispensary commission on infor
mat ion aiul l?olio?*. The sources o.
information of 'the .tistingutishcil
counsel on which the allegations an
made is not revealed, and 1 take i
for "-ranted I he lending counsel ac
copied such n format ion as was
brought to him, and therefore he act
cd upon the information. 1 want l<
state on behalf of myself that tin
allegations arc as I also as t hey ar
disreputable: :is unworthy of belie
as the source Irom whicii I hey em
anate: that tli?> parlies who coininn
nicated the inforiuntion upon whicl
any such allegation is drawn to tli
distinguished conns.?I in this ens
uiv unworthy of belief, and the enter
t a in men t in the society of the gentle
liii'i! nf tin- liar of Soulli ('arolinn
;i11.| I ;iin responsible lor my state
incuts personally."
Attorney Lester was stirred by I hi
and lie arose a;i<l proceeded to sa,
that lie liiul neu'r been eliaiged wit
making false pleadings or allegation
and thai his alienations 'n the ease a
bar would lie proved by a mass o
"evidence which would surprise tii
Court, heing bnse.l not only on wlia
evidence lie had uathered, but wlia
f.air.e !'> i I ill i. lie said lie Woill
prove tli.- allegations in every pai
ticular. bill did no| do so tlie.i, br
vause lie did v..?I u i-!i !< -Mir up an,
more '' in ess al ibe pr.'s.'iil. and ii
denied any imputation that the bii
contained scandalous matter.
Mr. Lester's assertion that lb
eh a rges would be proven is said I
bav ' eall-'d I'orih from Mr. Sloven
son afterward tin* remark that ''who
cvec swears l<> llieni we will pill il
I lie I'' hi l? iii ia i v.
I| er i.i 111 < aflermui Allorn:*;
(ienend I / Vi in was heard I'rotu. Ii
the course o|" liis acjuinen! Mr. I'er
narl referred to th< lad thai whic
the commis-iou was inviling eredi
(or- to come to ( ' ?11111111: a l>> pro\'i
their chiiiiN. Mr. I .veil had read;
some lil'iv warrants for their aires
when Ihev appeared. Mr. I yon ros
and said thai while no d-nibl it ?a
bis silence on 'lie day be I ore wliei
Ibis charge was made which bad mis
led Mr. I'.a rn a rd i.ilo repealing il
slill il was not hue; but that lie ba<
simply said lltat if l-'leiscbmanu
i'o's. agents had such guilty eonseien
ecs i!...' y w-re al'r.iid to com.
into llie Stale he would gran I then
immunity to present their claim:
without being arrested. ImiI he hat
held mil no general amnesty and. a
a mailer of fact, lie bad ;io warrant
save those serve 1. except as to I" ar
num.
In reply Mr. P.arnard insisted tha
the Attorney (leneral bad proinisei
general amnesty for all creditors ti
anv one present to say il Mr. l.yoi
bad not said I his.
Mir. T. Moultrie Mordecai, o| Char
lesion, opened the rgmue.it at lb
morning session, dwelling largely oi
tli1 claim that the Court had juris
diction h cause llie commission wa
not a Court and i suil was not on
-against the Slate, lie was followei
by Mr. Stevenson. who present.m
sin-r'.iv tli arguments that tli
Court should not assume jurisdicl ioi
- thai the suil v.as one aisun-d 111
Slate, that 1 h. mn?:> -i? n was :
('turl. a.til i iiereforr n? > t capable o
be:ng si.ed. and thai lliere was in
private ;i';reenici;l lie! ween ibe plain
JilV- an I Ibe cor.i'ni-siou.
Crank ( "ai rier, for I" Ic.s*binan.i v
Co. :i; ||?e aflenioo'i session .b'votei
vousider.-hle -it Iciilions lo altackiii'
these |osilions. lie urged that a:
there was i>o | lainlifl" before Ibe com
mission, no delendanl and no pio\i>
io:i for jiidginenl or process lo en
force il. ml as il was an impiisitoria
body, il could not be a ( ouvt withil
the meaning of Section 7'20, Kevisei
.Stat ut e>\
Judge I'ritchard asked if counse
for I .ie commission inainlained tha
'itlie commission could render judg
vnent against a creditor, or il sucl
could be pleaded as res adjudicata.
'Counsel for the commission was . i
lent for a time, but finally Mr. Abne;
said that, while it v as not claiinet
that jiidginenl could be given agaius
a creditor, il was claimed that tin
decision of the commission wouh
stop a creditor.
Mr. Caitcr claimed that the answe
completely established bis p?>si t ioi
that tiie commission was not a ( ouit
and proceeded lo the argumer.i th.i
the Stale was not a necessary part;
?a feature to which Mr. Mor.lecu
attached much importance when h
rasseiied that the State was not a
indispensibl." party. Mr. Carter ai
gued thai the fund was a trust turn
in which the State had no i uteres'because
it had created a commissio
to pav it to creditors, had renounce
its rights, an 1 ho was seeking simpl
to roquire the enforcement of th
South Carolina law. wl \ the con
mission disregarded.
Mr. Barnard was speaking who
Court closed for the day, pre-sonfin
very strongly the case for the plan
- tiffs. IIu devoted much attention tc
t' the theory that the fund was a trust
[ fund and, therefore, the Court shouki
i a'dtninister it when the trustees hac
t neglected their duties, as he claimec
- the commission had. lie maintains
s that the State had no interest in th?
- fund save in the remainder after tlr?
? payment of claims, and it was noi
[? asked that the 'Court administer 01
e alTect tliis, hut simply see that tin
{' triisa was administered s re<|iiirc(
- hy law. The State ha<l i.o in teres
- until all claims wen paid, lie said
li The commissioners were ollieers i'oi
e specilie purposes, he maintained, am
e had no diserction which would ah
- solve them from direction hy a Couri
- any mure than was the cast- in lb?
i, (*riI tendon case.
MMarnard will close in the morn
inu' and will he followed hy Ml*. Ah
s n.-v. the final speaker.
v Attorney (leneral Lyon asked foi
li ;in expression tonight, said: "I an
s highly pleased at the result o|" tin
t hearing and am eoulidenl. of wintiim
I' out."
e Mr. Lynn preferred lo make w
t statement until the question of ju
I risdidion had been decided.
I Asked what elTeel the defeat h>
- llie Senate of the concurrent resolu
- 1 ion adopted by ill.- I louse wmiId b
y In* said: ''It will absolutely not at'
fed 1111* matter one way or the <>th
II or."
"What do you attribute the del'.'a
e In?" lie was asked.
0 "That I prefer no) to say," ua
- Ins response.
Crank Carter, "ounsel I'or plain!iIf
n staled that lie was conlideul of Judg.
I'i iIeliaid retaining .jurisdid inn ? I
v the ease. Mr. Carter wants a near
1 ing in the Flcischinanu case In tak?
- place al the same time as tin* Wilsoi
e case. lie denies thai attorneys it
- the two eases have taken an I adonis
e tie positions and says: "We wil
make our side plain at the j ropei
t time. !
s Friday's Session.
i Asheville, N. (January ,'tl. Ar
- guiuenl was idose.l this all.moon i:
. llio cases of l!it< Cleistdimnnn Co. am
I the Wilson Instilling <'o. against tin
< Souili Carolina Stale dispensary
- commission, and .lud.ue I'litehard an
nouneed that he would lake the casi
i under advisement, wishing to review
some of I lie an tin initios quoted l>\
1 counsel, and might not render a .les
cision until the middle of next week
s lie gave no intimation as to whelhei
- or not he would assume jurisdicliot
in the case, hut as a mailer of law
I the order restraining Ih ? coniinissioi
i from turning the $S()l).()()l) fund iuti
? the Slate treasury, which was obtain>
ed Decerning .'Ust hy Frank Cartel
and Mr. M'oi>|ecai , for the Wilso:i
- Co., continues in effect'. It allow?
' ill" commission, however, lo pay tin
i approved claims of ere lilors if il
- wishes.
s Judge I'ritcliard today, by consent
' of all parties, made an order that tli
I commi-<ion might, until further or
I dc:'s, h<> allowed lo use ol
>' tin- fund for necessary expenses, am
1 sai l that lie would sign an or.I t ii
4 t'ica! inr any bank from which tin
1 eoniiuis>ion might wish ( > draw lhi>
' sum. It is probable that the I'.x
' I'll :ige I tank, of Columbia, will b<
di -i rated, according lo a -lalemeni
made by Attorney (leneral Lvon ti
i the News and CVturier correspond
1 e i' today.
i" Judge iVilcharl has evcral tim.s
asked, during the argument of conn
; !. whether they thought the Cour
- could administer tile funds miles:
- t.ie State of South Carolina was ;
1 Marly?in other words, he wauled ti
i know whether or not South Caroliu:
1 was an indispensible party, arid Ihii
niav serve to indicate that he al
I laches much importance to this point
t and not so much, perhaps, to th.
- claims made by counsel for the com
: mission that the suit is against ;
Stale or that the commission is ;
- Court.
If the Slate be an indispensibl.
I parly or the suit be held to be o:n
I against the Slate, .jurisdiction wil
1 not be taken, it is admitted, becaus
I a Stale cannot be sued without il
consent, unless the contention of th
r plaintiff's counsel that by the Ac
i creating the commission the Stat
^ had waived its immunity or privileg
t be held to be well taken. In fact, i
V was to this eon ten I ion that Mr. A. S
i lVirnard. attorney for the Fleiscli
e maun Company, directed much of hi
n attention in -closing his nrguinen
today, llis address was a strong on<
I, well forti'lied with citations from ar
I, thorilies.
n MV. U. L. A'bnev, of Columbia, ai
d trued at length for the eommissioi
y closing the argument fov the Stale i
e ?\ most able and comprehensive mat
i- ner, concluding at d o'clock. 11
road the Aot creating the origini
n commission, which provides that li<
ig uors should he bought in the nan
i- of the Stalv?, and argued that it w?
I Mil. llilKALU /\IN A.
> the Stale, and not any agency, whic
' owed creditors, and that the fun
I was in the Stato treasury, and thn
1 the commission had but certain pow
I ers ovor it.
I Judge Pritohnrd stated to Mr. Al
5 n'ey tliat if the Court discovered :i
} any sta^e of the pleadings that th
! State was a party without its con
L" sent to (he suit such discovery woul
3 ?clitle the question of lack of juris
1 diction, lie then asked what woul
^ In; the result if a fund had hoe
placed with a hank with direction
hy a Legislature to ascertain and pa
I dehts, and the hank failed or refuse
to follow instructions, and wha't ren:
^ edy creditors would haw?
i Mr. Ahney replied that the Com
could require tlie hank in such cas
?m??mi ? iwarn mmmmtamammmmam
: A Fair Offe
r
> We will take care of
safeguard it from all
any time you wish r
, pay you for the privi
if it is left with us lo
;1 Now if tli.t isn't i
know what is. Rrii
" I
' j THE C
< | ? of
1 I
2 I no. M. Kinaki), Presid nt.
:li J- Y. Mel'
v . v. "rfrKn/muurr//^ vttrrrrsjrMVTmKC
. i Lf wr?iw3f K.G&usxK>F7nxMmtjix>MCiTX. 2/nr\x/r^namm
' >rK*M A X^*.' ?.i . || yV< *v
rvnvvmmMwirmiKrT^Mv.'nvi wiM?vvr <v* nwrv avcwwi/ji
N MUI/HJV4ll><IK?U<^UntA?' ' in*f. t.TfVW
_ Our friends to kiK
i! gotten in a shlpm<
|| wi 1 find at a be
things you will fin<
ask you to call an
prices. We will <
few articles that a
Soaps, Tal
Florida Wa
! Huibuts, F
! Envelopes
to Match.; F
let. Pose C.:
en lines al!
Invitation C
; j velopes, 1
We know ihat our
carry nice Hock at
' j HERALD & h
w."VW>v.:-v?Trtv\vr. wa^cmiTmrmtam
. %-ro-i?-'^ thai
' price
>
' <?> //*"S 15 LEI
good
; ARE v
* ^oVa^I r,
l ?? <oryiiMT)?Hit??i 5
OUR. WINTER. STOCK IS
THE PEOPLE Of THIS (
I' WHEN WE SAY WE V
n j HAMMER. PRICED DoWf
LAR MERCHANDISE, .
"Job LoTS."
11 WE WISH To LET OUR
'c RESPEC
is
t .mVYO.
Ii (o do its duty, but could not interfere #
,1 with the judgment or discretiofi vest
t, ed in Hint bank, and that the Act 1
Iavaluable plantation for i
rent.
t We will rent for the year 1908,
e the farm of .'138 acres of land situated *"1
' about one mile east of Silver Street
| and owned by the estate of Wm. W.
5~ I Spearman. Tliere is open upon tho
place about a four horse contract and
n i made this year 50 bales of cotton.
s The place will be rented either for
y money >: bales of cotton. Apply to
d the undersigned. S
i- M. A. Carlisle,
John C. Gorans, ?
' Kxeoutors of' Win. W. Spearman,
e Newberry, S. C., Dec. 31, 1007.
ir t
c
your money for you, ?
harm, return it to yon
-1id, what is more, will
ile^e oi taking ca-e or it A
u-three months or more. X
i square deal we don't Pj
ig it in and t> y it. i | ^
OMMERC1 A! BANK
: Newberry, C. a
O. H. Mavhr, Yiee-l'res. I
ai.f., Casliier. |
J i
cu.i'ok.ia&x c r?csnx: xclhwj jta rrjrr l rjymr.v joy :?.ii vkma
EttomMKMCjauv. FajM<w:ur.yArjj0ara'.t*a? t * *
)w that we have just
snt of every thing you
>ok store and many
i at a drug store. We
d see the quality and
:all to your notice a
re worth looking at:
cum Powder,
ter etc, Eaton
:abric Finish
and Paper
ouncl or Tab;irds
and Val
descriptions,
1 l
lards and Enrailie
Cards.
store is small but we
id quality is rhe finest
js & Ruff
JEWS BUID!NO
.nrnnuriTC*/!* 'j jra ixt sen? : yx*zr ;.r.: v mmm
?WWffw
RESOLVED
""WE ARE, HAMMERING \
:s DouW on vhat y
FT OF OUR SEASON S
S - THE BLOWS WE t
STRIKING ARE"REDUCING ,
STocii. ?^ r
'5TE R.
HAM ft KKING PRICES
FA.ST REDUCING BECAUSE
IMMUNITY KNOW THAT
1AMMER PRICED, WE Do
4 ON LEGITIMATE, REGUAND
NOT ON .SHIPPED IN
PRICED TALK.
TFl/LLY,
EWAR.T-PERRY Co.
imllER CO. I
rhe Guide Chart given with every ,
Lais' Home Jul Pattern ;
.hows how to put the pattern to- |
aether, avoids the danger of misakes,
saves time. These pat- '
erns help you to make up your
)est dress or your every day
Iress with the same guarantee
>f fit and style.
G. S. MOWER COI
YOUR BANKING!
THE MEWBE33Y SAVINGS BJUK.
Capital $50,000 - Surplus $30,000
No Matter How Small, Matter How Large,
The Newberry Savings Dank
viII g-ve it careful attention. This message
ipplies to the men and the women alikeJAS.
McINTOSH. J. E. NORWOOD,
President. Caller.
JONES' GROCERY,
S, B. Jones, Proprietor.
DUAL UK /A'
STAPLE & FANCY GROCERIES, PRODUCE,
Confectioneries, Fruit, Cigars and Tobaccos.
Phone 212.
Newberry, S. C., Jan, 17, 108.
Dear Madam Housekeeper:
We wish to call your atention
to our stock of Fancy and Staple
.roceries and solicit at least a portion of
our potronage during this year.
We feel safe in saying that our stock is
he most complete that is offered here and
-hat we can serve you in a satisfactory man- f
Ler.
We will ever keep in mind three very im ortant
points: quality of goods prompt ser'
ice modorate prices.
If you are not already a customer of ours
re would be pleased to add you to our long
ist of satisfied customers.
Wo wish 1908 to be our banner year. Will
ou join us in making it so?
Yours for business,
Jones' Grocery.
/