The herald and news. (Newberry S.C.) 1903-1937, March 17, 1908, Page TWO, Image 2
STATE SUPREME COURT
TAKES JURISDICTION.
(tf'wiiliiiiicd from pa#e one.)
issue ?is prayed for.
The dispensary commission in ji>s
return ;in?| answer admits (ho statute
above recited require of them Die
paym.mt of I lie sum therein mentioned
io the S(ale Ireasurer, and their
custody of funds s-ullicieiit to meet
ihe requirement and tin? refusal to
make Mi,, payment. As just itienl ion
for its refusal to eomiply with the
stnt'iile I lie coin mission a'llei>es:
thai I iiey are restrained and enjoined
)?y orders of I lie tniled Stales
circuit ci ni l for this eireuil from
paying any funds into the hands of
th.i Stale treasurer, in I wo eases, to
wit : The ea-e of Ih.> W'.ibon | )islillin?
company v*. W. .1. Mnrrav and
ol,l:M * r\ -f I heir hill ,,f cimi.
]?! ?"" 'iny hereto al|ache.| an I
marked 'hxhihil A.' ahm/r with the
rest lMiuia-r order in said ease. and an
amend.>d hill :hai has .jn^i been filed. j
And furl Iter l.ial lliey ar- restrained
b.V "in order in ||?. case of the Kleiseh'"""n
company v,. W. ,|. Mmrrav and j
others. a copy . f wj.i.-h hill and resi
raining order and oral decision as j
nniioone.d i-. ;lv.rcio allaehed a:,,!
marked ' llvhihil ! ;.' "'
I lie eoiisideral-ion of Hie question
whether that whieh purports to lie the'
jnd'jnieiil of another court is void fori
h"-lv of jurisdiction, is always to he
entered on with .lefereiice by I he
coin | helore which the question imiadc;
and the opinion of a court of
exulted dignity and a< k mnvleducl
ability I,, fav r of i|s own jnrisdic'I'"11,
''1^' lls "I inion subject-.
should ha\c a stnui^ persuaisve
lnl ' :> in .- in favor of the clu-ion
i' reached. There is n , rea.-on f,,j !
air if! \ or a -j ei iiy ..n accoiinl ..f di!'. '
lei eii'-e-; between cinN ..j' |!,(. 1,,;,. '
ed Stale.- a.n| the Slate courts. The-e '
"III 'erenmust sometimes arise un- !
111 oiii iiii.iI .system ol yuv'eminent, j
,ml readily and finallv set-,
"ed I'.v I he supreme court of | |,e" 1'nil- ;
''d s 'He-, will I hardship to Hie
parlies interested, and without sacrifice
of t heir rights.
Willi the vlea|est respect for liiel
learned j?,|-e who has made the or- I
der ..| in jniicl ion relied on hy I Ire re- j
spondenl in this controversy, and after
careful consideration of the opin- j
?"n hied in .support of | hese orders, }
",,s "' 'l:,s reached the conclusion \
(mil (he circuit court of |he t'niledj
Stales has jurisdiction of a matter in |
which the political riyhls and proper- I
l.v interests of the Stale ,.f South
?'arolina are vitally involved, wituout
the consent of the Slate. \\\ 1
1 hose order- uo| onl\ has t hat court
es-ayc.l |lt iaU?- char-e of and admin- |
Jstei- the property of the Slate wit!:-!
'>"1 Hs consent, hut ii has also under- j
laken lo assume control and wind up
a disiincl d.paplmcnt of the -o\ern,U('"t
of ? sovereign Stale, in disregard
o| ||,e plan which I lie Stale i|s,'!f
"dopled ami decreed hy Hie solemn
enaelineii't of its general asset,i- 1
bl.v. II {-hese conclusions can he sus- 1
faiiu'd hy a consideration of the con-i
s' i' "I ion and slalules of the Stale,
then il will l.v conceded the proceed-I
n*s of the federal court were al-l
.em,pl s I,, sue I he Slate of Soiil.i
' i arollna without its eousenl. and the
mailer.- which thai tribunal has mideriaken
|(1 adjudge were beyond the'
jiirtsilicl ion ,,f an\ court ; and there- I
lore its orders or injunction must he
regarded as nullities affording no letfal
;irotee| ion |o (he respondents. !
I ue pi niciple thai cue of Ihe Slaof
Ihe I'nited Slates can mil.
without it- consent, he sued in any!
court l,y a private citizen was thus!
'expressed and crystnlizcd in (he second
amendnvnl of ihe constitution uf
Hie IHiied Slates; "Tlio judicial
power ol Hie I'nited Slates shall not j
he const rued to extend to any suit
in law or equity commenced or prose
en tod against one of Hie United Slales
by citizens ol another Stale, or b\
citizens or subjects of any forei-ii
Stale." It is now .uencra-lly held that !
exemption from sin h a suit is an incident
of sovereignly not dependen! j
upon Ihe constitutional provision.
Kawanauakoa vs. INdyblaiik, L'Oo I'J
S., .517. :?l L. Md. s:u.'
The claims of the alleged creditor-. !
whose rights the federal court undertakes
to adjudicate, aiv for all.-^vd
dehts contracted in the operalioirol'
<Jie Stato dispensary; and the funds
out. of which that court is attempting
to satsf.v them were derived from the
assets ol' the State dispensary. Therefore,
in determinino; whether the suits
in \lro federal court <a.ro for the adjudication
of the State's liabilities
and the disposition of the State's
property, and so not recognizable by
any court, it is essential to ascertain
and state the relation the Stale
dispensary bore to the State of South
{' Carolina.
The court then reviews tho history
^of the dispensary law, saying the constitutionality
of the dispensary act
\ \
\.
. ' X
\
in so far ms it provided |'or the State I
lo own all (lit? liquor brought into tliy
Slate lor salt: and to monopolize the
sale of 1 i(|ii<?i' wiWiin -the Stale, was
finally established by the judgment
ol* (bis court in State vs. Aiken, 42
S. il. 222, and subsequently by the
judgment of I lie supreme court of the
I'nited States in Vandercoek vs.
Vance, 170 I J. S. -MJ3.
II is nothing lo (.lie purpose to say
I lie liipior trade should not have been
inadi' an integral part of the State
I'.ovi'riimeiil. 'I'iie fact Is it was so
mad.'. Whotiher as such part of the
State governinent it was a success or
a disastrous failure is a question for
political discussion quite apart from
this controversy as to its legal staI
IIS.
hi the next place, il is to be observed
the statutes nowhere give any
! legal remedy whatever lo thus,, who
sold liquor to (lie directors of tin;'
Siati' dispensary ami I hereby became!
creditors of the Slat.'. Such ctvdi-I 1
tors were lepemlenl entirely upon the
j good faith of lh,' Stale to discharge J
its obligations.
This brings lis to fne tiivolal ques- '
I ion: lias the Stale, in clnsiti^ out j
I hi- department ol the government in j,
the lorin in which it iVrmei'ly existed,
conferred I>statule upon creditor*.
the right lo sue lor the establish-'
iii'?il ami collection of these debts '
?l'ii- from tin* Stale, and by sla>tutc|'
set apart I lie public, funds derived
from the disposition of its dispensary
assets to be subject to seizure
"""I final disposition under judicial '
order
I lie sla'lutes ami resolulions passei|
by the general assembly, which ,
immediately preceded the act provid-j :
i"g for lii,- appnintnieiit of this com- j
it.'--ion. how I lie persistent piirpox-'
in' wi'!! defined public policy to|
n- to the ul most the -ovcreign pnw-l,
er ol t He S| ;i le in I lie invest iuaI ion of I (
i it-M' charges ami in s'ep,irat iug jn-i
from fraudulent claims. The pre-'
sumption i-; exceedingly sirens'
again>t a legislative intention In j i
sidilenly abanlou this purpose an 1 j
policy ami strip the State of its K
sovereign righl to decide for itself!
what in ju.Miee ami faith it was call- j
ed on to do in respect lo the claims .
i-ailist it.
I lie statute seems plain in itself, ,
Imii when viewed in the light of these ,
conditions, we do not see how a doubt |
can remain thai il is lo be construe I
as providing a method of safeguarding
the rights of the Stale, uncov- ,
ering" I rands against it and providing
lor tne ascertainment, determination
a::. 1 payment of the trim debt of the
Stale in the premises, by the comiuis- '!
-ion who were invested ..it 11 full responsibility
ami discretion to the'*'
accomplishment of these ends, sub- j '
jeel to no intereference except that j
of the generaI assembly itself. Willi I
'his disci el ion lodged with respect to!'!
the matter in its charge and a suit I
brought against it for any purpose I j<
was. in ell'ecl, a suit against the
Stale. j
\\ 'e are not eairel nl to inquire (|
whether the discretion as lodged in j
I he coitrtnission is a discretion of a p
judicial or executive ollieer, for the
supreme court of the I'niled States "
rests its conclusions 1 h ;t no court ,
can disturb the discretion with which
the Stale lias invested its ollieers or
agents upon any such distinction. Hut,
if the ui tinction be essential, it has "
been held in numerous cases in this "
Sl.ate that the county board of cominissioi:-.'rs,
a 'hoard whose statutory
duly is to investigate and appi..\"
claims n.-aiusf tl.e county, in
perloriiiiu^ lliis duly, exercises a
judicial function. This dispensary
ciui.inis.-ioii, though having only a
tempotary existence, is charged with
precisely the same duty with respect
lo claims against the Stale on
account of the dispensary; and by
I'.iiily of reason: tig their discretion is
a judicial discretion and their action
with respect to the validity of
the claims, judicial action; and so we.
hold.
What State Rights Are.
1 lie State has a rijslit lo lay down
any condition, 'however hard or arbitrary.
it may choose w ith which its I
creditors must comply as a condition
ol payment of their demands. Xo
court has the righl to abate one jot
or tittle of such conditions. There i^
no ground lo say that the condition
that th?' creditor s>hall abide the
Iinding of any person designated by
the State lo act for it in ascertaining
the validity of his claim is an exception
of this principle.
Xot only was discretion imposed on
t he cominssion in ascertaining tiiie
tradulent and bona fide claims
against the State but the State itself
has a very large interest in the $800,000
in its hand. The doctrine recognized
and applied by the supreme
court ol Iae I nited States and nil
courts is thus staled by Justice Lamar:
'' fho court will look boh Mid and
through the nominal parlies to tho
record to ascertain who are tho real
parlies to tlie suil." Pennoyer vs. Me
Community. The ease <>L' Nov
Hampshire vs. Louisiana, IDS, U. S
7(5, is also referred to. In I his cas<
however it is not necessary to lool
behind the record for Mie record it
the federal court and in this couri
shows beyond dispute the State's in
terest to be vitally involved in tin
suits brought in the federal courts
That interest is not only its obliga
lion as a government lo protect it
self against, fraudulent claims-but t:lu
surplus over just debts is lo be paiti
by the commission into the treasury
for lho State for the use of Hie Stale
That the Stale is a necessary part\
10 any suil at" fee ling the funds iself
evident, for surely it is enlitlcil
to be hoard in Uie adjudication ol
what are fraudulent claims atvainsi
11 an.l how much surplus is to remaii:
for ils use.
11 is no answer lo say the Stab
will not be bound by the proceeding
iinil judgment in'lhe federal court;
for the court is undertaking to con
Irol and dispose of the public fund?
in the bauds ol the Stale ollieers and
'>1 I lie l unds are disposed of mulct
the order of the court, there will Ik
nothing lo which any riuht of the
Stale can at Inch.
Lastly, let it !>, assumed for th?>
moment contrary to our conclusion
that the tSate by the statute of the
2-1 111 of Kebruarv, 1007. creating the
i-oiii,mission, did consent thai tho.se
kv'ho held claims against it on account
i?f the dispensary could have tli^ii
laims adjudicated by the courts and
he Static dispensary assets adminis.ered
by the courts and applied Jo
laiins so adjudicated. This would
ml alter the result for it is obvious
f any such consent was ever given,
t was withdrawn by the amendment
I" 12-1111 February, 1008.
This amiMidn.K-.nl in the clearest
enns provides an exclusive condition
0 the recognition and payment of
daitus again>l the State on account
f the operation of the Slate dispensary
, namely, that such claims shall
e judicially examined and adjudicat d
by the commissin. Consent of a
Male that it may be sued is not a
'oniracl and can he repealed or tnodiied
at any lime at the discretion of
iie State, even after suit has been
oinmenced, and when lb'- consent to
he adjustment of claims against it
>v suit is withdrawn by the State,
lie jurisdiction of the court in
vhirh the case is pending is at an
nd. and the suil falls lo the ground.
1 leers vs. Arkansas; ex parte Ay'rs;
Hand vs. Louisiana.) It follows,
iierefore. if the federal court has
urisdiction under the original staule
il came lo an end upon the enicltnen!
of the statute of 21 Februirv.
1008.
We hold that the State !i:is n<.t
'unsettled that any court should adudicale
the debts set up against, it
or liquor sold to ii, nor has it consented
I hat $800,000 of tics public
itnds held by ils fiscal officers shall
?e administered by any court, and
ence the federal court, had no jurisliction
to pass I he order restraining
he
respondents from paying out such
nuds. The order of injunction of
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- (ilt.' federal court therefore affords no
legal protection to tiro defend an is
. and I heir return is adjudged insufi
flcient.
c The judgment of .this court is that
1 llie petitioners are entitled to a writ
t of mandamus from this court requiring
the respondents constituting the
; Slate dispensary commission to pay
from the funds in their hands lo the
State treasury tin sum of $15,000 for
Hie use of the attorney general as
I provided for by the statute of the
j Stale approved 2-1 February, 1!)0S. It
j is a well-recognized principle, Iiow
ever, that the United Stales supreme
| court i I self follows the decision of
' the State supreme court in the construction
of the State constitution;
and statutes, and, of course, this rule
is binding upon the circuit court of
1 ,1 lie United States,
This court will not, therefore, asi
7 *
| sume that the construction which it
1 has .placed upon the State constitu11ion
and the statutes in question will
' j be disregarded by the federal court.
( I ''he issuing of this peremptory
writ of mandamus is therefore left in
I abeyance until the further order of
j this court.
____
, j OFFICER UNDER FIRE.
, Magistrate in Saluda Grants Ba.il to
Negro who Killed Another
i One.
Saluda. March l.'{.?<Tiie i'oliowinvf
from the Saluda Standard, of yesterday.
is causing "no little comment
among the people of the county:
" TtjJin (Sary, a negro, was killed
on Mr. John It. Webb's place by Will
i Madison, another negro, ast Thursday
night. and Magistrate Allen, who
held the inquest, allowed bail to
Madison in the sum of $.">00. The
coroner's .jury, whose duly it is to
liud out how the deceased cam*} to
his death went farther and found a
verdict of '.justifiable homicide.'
Magistrate .Allen then went them one
better and allowed bail."
It is said the Madison negro was in
Saluda yesterday ostensibly for the
purpose of surrendering to the sheriff,
hut he was seen leaving town in the
afternoon, going in the direction of
his home.
lie did not surrender to the sheriff
nor is he now in the custody of that
ollicer. II is likewise said that the coroner
several days ago issued a warrant
for Mjadison. If so it has not
been served.
While it may be possible that the
homicide was .justifiable yet the people
of (his county are severely criticising
the magistrate for assuming
Ih?- functions of a circuit judge, and
allowing bail in a ifiomieide case
clearly eonfrarv to law. They arc
like wise outspoken in Hicir criticism
of whoever is responsible for Madison
still being af. largo and not. in
.jail, where lie should1 'be until delivered
by due process of law.
If the water be too pure, fish cannot
live in it; if people be too exacting,
fellow-beings cannot stand beside
them.?Japanese Proverb.
Id
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Post 2.50
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subscriptions to any
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is & Ruff
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This machine hns been very popular, can be used as side dresser while j
cultivating. Price $5.50. j
Oliver Plows. ft
These are really the best plows of the kind made. Mr. James Oliver f
being the first to invent a steel beam plow, and has been first in the J
making of such plows ever since. M
No. 10.?2-horse Turn Plow $6.50. H
No. O. Z.?2-liorse Middle Breaker $7.50. JP
No. A. C. 2.? 1-horse Turn Plow $5.00, to close out. j
A Cotton and Corn Stalk Cutter that does the work. 5
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If you want Paint of any kind let us figure with you.
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