The herald and news. (Newberry S.C.) 1903-1937, March 03, 1911, Page TWO, Image 2
COMMISSION MAKES
REPORT TO GOVERNOR
DETAILED REPLY TO EXECU
TIVE'S REQUEST.
Winding-Up Commission of Old South
Carolina Dispensary Sends Re
port to Governor.
Columbia, Feb. 27.-In response to
Governor Blease's request for infor
mation the dispensary winding-up
icommission today forwarded to the
,chief executive copies of its tow re
-ports; a letter explaining "why the
law has not been complied with in
/regard to winding up of this matter.
as provided in the act, at the earliest
date practicable," as was charged by
Gov. Blease in -his message to the gen
eral assembly; certain exhibits, in
cluding the contract made with the
Atlanta firm of attorneys, about which
Gov. Blease asked, and other informa
tion.
As a matter of fact, much of that
which Gov. Blease asked for has been
printed in the reports of the commis
sion. The contract with he Atlanta
firm was referred to, showing that 50
per cent. was given in the collections
on overjudgments and the so-called
"conscience money."
The following is the commission's
letter:
Commission's Letter.
Columbia, S. C., Feb. 27, 1911.
The Hon. Cole L. Blease, Governor,
'Columbia, S. C.-Dear Sir: The State
dispensary commission, in response to
your letter of February 20, 1911, met
on the 24th instant, and authorized
the following information to be com
-municated to you by me:
First. I hand you herewith copy of
the agreement between the said com
Unission and the firm of Messrs. An
derson, Felder, Rountree & Wilson, and
will state that this agreement is the
only one made with that firm, there
being no agreement with the individ
ual members thereof, and, therefore,
iene with Mr. 'Tihomas B. Felder, of
said firm. A copy of the agreement
is hereto attached and marked Ex
hi'bit "A."
Second. As to the agreement with
Mr. Stevenson. The only agreemnt
made with him was entered into for
the year 1907, under which he was to
be paird for au-nridaine -. g,on the meet
ingsxtof tie e-. n ission and advising
them .in all w i. 'trs not litigated and
pay his own .xpen:ses while in Colum
bia and to and from Columbia, for
the sum of $1,500, and when he went
~elsewhere under orders of the com
anission his expenses -were to be paid
by 'the commission. At the end of
the year 1907, the business not being
czompleted, his services were merely
continued to be settled for on'a satis
Tactory basis.
State Saved $35,000.
~He participated in all the litigation
aind conducted one branch of it alone;
'to wit, the contest of the United States
to an assessment of $35,000 claimed
by, the United States government for
alleged back revenue taxes, the same
being finally tried ini Washington l'
fore the internal rev'nue commission
er, who rejected the claim. For all
of his services he was paid the sums
* shown in the statements, which are
below referired to, showing all the
item's of receipts and disbursements.
Third. As to the contract with Mr.
B. L.. Ab.ney. The commission on
January 24, 1908, passed the follow
ing resolution: "On motion of Mr. Pat
ton, Dr. Murray, chairman, was auth'
orized to employ additional counsel to
assist in the Fleischmann suit against
the State, after consul,ting with the
.attorney general." In pursuance of
-that authority and on account of the
litigation which 'had just been insti
tuted in the federal court, Mr. Abney
-was ?mployed to assist in the case,
~nd subsequently in all of the cases
involving the issues raised in the
Fleischmann case. These cases were
finally sufccessfully terminated in th4
*Unite'd States supremie court, afte:
adverse decisions had been renderet
in1 the circuit court of appeals of th
Uited States. When the service
were completed, zh re being no defi
ne -contract made. Mr. Abney ren
dee :bill on :>vember 10, 1909, ac
jompjaniedi by a letter, copies of whic&
:are herei o attached an~d marked Ex
T he commis.sion without having
hearing fromt Mr. Abney fixed his fc
tentatively at $9,000 instead of 810,00
asrendered. Subsequenltly~ on De
*-ein her 3. Mr. Abney wTot ! a letteri
hie comsin a copy of which
h ereto attached and marked exhibi
--. " which ietT'r1 st1te:s his pe)It~e
fully. On further consideration th:
.comminssion accedCd to his reques
nis bill for S10,000, which w\as pai
in full. In sett'ing with the firms an
corpoi4ations who had claims again
the State, who had prosecuted ar
participated in that litioation, i
czommission with the con nt of ti
.an:tron renresenting said lic
houses, assessed the sum of $21,526.17,
costs, attorneys' fees and expenses
against these .liquor houses, deducted
it from their claims and applied it
upon these fees and 'the other ex
per.ses of the litigation. This left only
a small amount .that the State was
called upon to pay as expenses of that
litigation.
Fourth. As to, the itemized state
ments of moneys received and dis
bursed, the commission begs leave to
state that pursuant to the provisions
of the act creating said commission,
and the various acts continuing the
same, they have regularly rendered
reports to the governor of South Caro
lina, all of which are on file in the
governor's office. and which were
printed, and they attach a printed
copy of the report up to the first day
of January, 1910, in which every item
received and every item disbursed up
to that date is set forth, the same be
ing hereto attached and marked ex
hibi't "D."
Printed Copy Only.
This report purports to be a cor
rectly printed copy, but it is submit
ted as a printed copy 'only of the cor
rect report, which was filed in thE
govo rnor's office subject to errors, ii
any, of the printer. It may be veri
fled by comparison with the original
report on file in the governor's office.
They also attach hereto a printed
copy of a report rendered to the gov
ernor, (marked exhibit "E") of theii
doings up to January 1, 1911, anc
rsutsequent to Jaituary 1, 1910, and
ask reference thereto, making th(
same statement as to its correctnes.
and the same suggestion as to its be
ing compared'kwith the original whici
was filed in the governor's office, a
it made in refernce co the first mn
tioned printed report. They attaci
hereto a statement of the transactioni
had fr6m the first day of January 1911
up to this date, the same being mark
ed hibit 'E." The commission woul
state as to the matter of attorneys
I fees that final' settlement ii, so far a.
the commission was concerned wa.
made with Messrs. Abney and Steven
son, on or about January 1, 1910, an
that they have had no expenses foi
counsel fees since such date, excep
such fees as accrued to the firm 0'
Anderson, Felder, Rountree & Wil
son, under ther contract heretofore ex
hibited.
While the contract entered int<
with Messrs. Anderson, Felder, Roun
tree and Wilson did not obligate tha
firm to represent 'the State or the com
missioni in the litigation h'ad in thE
federal courts, nevertheless, that firn
assisted in the argument of 'the cases
in ithe circuit cou-rt, athe circuit cour1
of appeals~and the United States su
preme court and bore all of their ex
penses incident thereto, and received
no comyensation .for their s'ervices
and expenses in this particular froux
any source whatsoever.
Their Duties Increased.
Fif-th. Replying to that part of your
lette'r which asks us to 'state "why
the law has not been complied with ir
regard to the windinig-up of this mat
ter, as provided in act at the earliesi
date practicable." The commissior
submits that it is. complying with thi
provisions of the- 'act r-eferred to aA:
expditiously as the best ,interests o:
the State will permit. That subse
quently _to the 'act from which yox
quote, the general assembly passec
acts in 1908 and 1909 and 1910, each c'
which provided other and further du
ties for this commission to perform
That the act of 1910 among othe:
things directed this commission C<
proceed to ascertain the amount
~any claim of the' State against any li
quor dealers growing 'out of transac
tions with the State dispensary and t<
make s'ettlement thereof. This wor]
has been pursued during the past yearm
and large amounts -of money turnel
into the treasury th'rough 'the effort
of the commission and its- attorney
This work is necessarily slow an'
tedious, for tht reason that it is ver
~dificult to discover frauds connecte
with suc'h transactions and then fore
sttlement with persons who almos
'invariably live in other States- I
thi's connection we would advise yo
that our attorneys are now at work o
claims of this nature from which the
hope to net the State many thousand
'of dollars.
In United States Court.
Fu rth er replyinrg, we wviil say thi
n Octobe'r, 1907, a restraining ordi
was granted by the circuit court
'the United States in the Garrett c-as
which was the beginning of a lor
series of obstructions interposed 1
alleged creditors to the action of tl
commission in requiring an hone
s accounting by the claimants of su<
Lt tansac tions as were fraudulently e:
a tered inlto )etweenl them and the fo
e mecr State offieers. See report of
. torney general for year 1908, page
d That this was followed by furth
d rem raining orders~ in Januar-y, I 9
u aid the appouinent of receivers 1
the circuit ecurt Of the United Stati
d An appeal to the circuit court of a
e peals of the United States was nece
e sary to pro:eet the rights and intere
of he Sita This appeal was hea
in May, 1'J08, with the chief justice 0
the United States presiding, and th(
judgment of the circuit court of th(
United States was affirmed by an opin
ion filed in September, 1908. Thi1
necessitated carrying the case to th(
United States supreme court, where il
was argued in February and March
1909, and decided in favor of the StatE
in April, 1909, but the mandate wa
not sent down until the latter part o!
May, 1909, when the commission agair
became free to proceed with its busi
ness.
The commission, promptly after ap
pointment, had the books and ac
counts of the dispensary audited, ar
inventory made of the stock of good,
On hand, disposed of the goods or
hand as rapidly as the county dispen
saties would take them, and prompt
ly collected from the county dispen
saries therefor, and as soon as th(
United States supreme 'court dissolv
ed 'the injunction they proceeded t
adjudicate the amounts due creditor.
as rapidly as it could be done, having
due -regard to the rights of the State
that amounts of such claims as wer
adjudicated to be correct were paid
that hearings were had and such pro
ceedings taken as were necessary t<
unravel the net work of fraud whic]
surrounded a very large proportion o
the said claims.
The legislature in 1908 passed ai
act directing them to continue -thei:
work; this was followed by a fur
ther act in 1909, and followed by
further act in 1910, all of which di
rected further and necessary proceed
ings -o be taken to conserve the in
terest of the State. Pursuact to th,
mandate of the said acts, this comrMis
sion proceeded until it has now, wit]
the exception of a few items, conclud
ed all matters which iiere in.olv3d ii
winding up the affairs,of said institu
tion. These acts imposed additiona
duties upon this commission, the dis
charge of which in a proper manne
.2as necessitated their continued acti
vities and they have been diligentl
endeavoring, and to a conFiderable ex
tent successfully, therunder tQ recov
r moneys illegall, col-lected from th
State by various parties who had n
claims against the State when thi
commnissiojn was appoimted.
Among these claims of the Stat
still pending is a claim against th
Richland Distilling campany and cor
tain stock holders of the said comn
pa,ny. Since the 1st of January, 1911
the liability of two of these stockhold
ers was settled for the sum of $34,70(
The commission is now pressing th
company and the other stockholder
for a settlement of the balance of th
amount claimed to be due the Stat
and was convinced that with due dili
gence and sufficient time they w~ill bl
able to collect largely on this claim~
which is being pressed under the pro
Ivisions of the act of 1910.. This work~
as well as the endeavor to collec
other pending claims as directed b:
the act of 1910 ,is~ very difficult an<
tedious, and the commiss.ion earnest
ly solicits your counsel anid co-opera
tion in order that this work may bi
facilitated and that the commissioi
conclude its duties at the earliest pos
sible -moment
Won in State Courts.
They would further state that v41i1
in the discharge of their duties unde
the act of 1910, a suit for injunctio:
was larought against Them :by 'bis
Cairolina GIass company, and an ap
]peal was also prosecuted by it fror
the decision rendered~ by the commie
sion on its claim against the Statn
which proceedings had the 'effect c
further deIaying the commission i
finishing their -work. Both of thes
cases have been decided ji our Stat
supreme court in favor of the con
mission, but the commission has bee
~notified by the attorneys of said .con
.pany that they prppose to carry tbn
matter to the supreme court of to
United States. The commission ar
defendants, and haave no means of ent
ling these proceedings until the appet
is determi-ned by a proper judgmen
either of affirmance or dismissal.
e The commission has endeavoredi
t furnish the information asked for
your letter, but if anything has beE
omitted, or if you desire any oth
aor further information in reference
.t;he acts and doings of the co)mmissic
Sin winding up the affairs of the di
p)ensary, the chairman is instructed
furnish you with the same, and i.f yt
t do not understand any of the itei
or statements in the reports and a
couts heretofore fliedi in your ofii.:
2the chairman, with the commissiir
accountant, upon your suggestic
7' will go over each item thereof in di
te~ail with you.
t.All of which is respectfully su
mitted,
W. J. Murray,
Chairman State Dispensary Comm:
sic,n.
s.st A 1King Who Left Home
stthe world to talking, but Pa
~Mathulka, of Buffalo, N. Y., says:
3. always KEEPS AT HOME the Ki1:
>- of all Laxatives-Dr. King's New Li
.Pills-and they're a blessing to
his famnily. Cure constipation, hea
atah,indigestion, dyspepsia. On
a C P. ~\
Ld 23c. at Win. E. Pelhana & Son's.
LI Over
Cut GIa:
We will giF
for cash <
China and
I~. Low Price
1 This Offer Go
*Daniels
New"RokWUh WI"Lihe
and Durable on C4
Market lV
Why
qpatented Long-Distance Spindles, to g
- oiled without removal of wh.eels. a
a Patented Side Spring.
-~ grad
Stongest braced Body made.
qNew style Seat.
'qEvery feature of high class make. '
e Phaetons, Surries, Runabouts of
same High Quality. I
qlOur guarantee your prctection.
'ROCK H-ILLC
SPostal Card To Us Will Bring An1
Agent Y O nce
Roic Hill, South Carolina. -.
0SUMMER BROS.,
I"Rock Hill" Agents, p
o Newberry, S. C.
Is - - ~ "Wh
NOTICE. searci
-- I Actin
Notice is hereby giv"n thapt on Mon- ,the U
day the sixth day of March, i 911, be
.tween the hours of 11 o'clock a. m.
-and 3 p. mn., we will sell at public!
outcry to the highest bidder for cash,
before the Court House door in thei
Town of Newberry, S. C., all the ac- --
counts, notes' and other evidences of
debts due by any and all persons or;fh
corporations to the assignied estate of
0. W. LeRoy, a list of which, so far 'hrt
asknown, can be seen at the law of-1fit 0
flce of Mower & Bynumn, attorneys, in tads out
fe said townl. -- lessniess of
1i Henry 0. Long, Assignee. A*~
d-Geo. B. Cromner, Agt. for Crs. ' I have I!s
2-21-2t. c ry for 30
I
Loaded
-ON
~sad Chin
te 25 per cent off
rn Cut Glass and
will make special
Son Silver Ware.
od for Only 10 Days~
& Williamson N
ERTJLIZERSL
EWANT TO SELL YOU!
mie and see us make it. Nothing to hide,
shoy you. We know that it is good.
do I have to sell you, for less than others
t to sell you? Is the(Mill not yours and
I not one of you? We make only two
es: 8.4.4 Pilot Boy. 9.2.2 Purefood.
ariers 011Mill,~
J. H. WICKER, Manager.
- f.
'ize Offers from Leading Manufacturers I
ok on patents. "Hints to i-ventors." "inventions needed." [
some inventors fail." Send rough sketch or model for
iof Patent Office records. Our Mr. Greeley was formerly.
Commissioner of Patents, and as such had full charge of
S. Patent Office.
ty Tears Together. fcough and cold cure I ever used."
Once it finds entrance in a home you
can't pry it out. Many families have
ear of association--thinlk us it forty years. It's the most in
th merit of a good thing fa. ~e throat and lung medicine on
in that ime-or the worth- eart Unequaled for lagrippe, asth
a bad one. So there's no ma, ha., -fever, croup, quinsy or e
cord. Mich., ho wrs-' lungs. Price S0c, $1.00. Trial bo
d r. King's New Discov.- Guaranteed' by Wmn., E. Pel
years, and its the best J & Son. -- -