The herald and news. (Newberry S.C.) 1903-1937, June 06, 1911, Page TWO, Image 2
RO.Pi'S STIFF UPLY TO LYON.
Itostlity Cliarged Against Attorney
General by Dispensary Winding
U) Commission.
John V. Wallace. of Cahrleston,
iwas on Thursday elected chairman,
pro tempore of the dispensary com-'
mission. Mr. James Stackhouse still
Tenains the chairman nominally and
officially. but he will not be in Colum
hia for some of the meetings; on such
occasions Mr. Wallace will preside.
Mr. Stackhouse stated that lie has
anatters at home that claim his atten
tion. and he will come here whenever
le can.
Tuesday the commission meets and
will summon before it the members of
the old dispensary commission. This
follows the decision by the supreme
court last evening.
Among other things in a letter to
the attorney g'en-eral Thursday after
noon the commission says:
Lyon Scored.
"We are satisfied that your rela
tions with one Thomas B. Felder are
such as to make you a partisan with
him and that you could not be relied
upon to prosecute a man with whom
you have been so intimately associat
ed and whose conduct you will not in
Testigate if you are required to do so."
The letter of the commission in re
ply to Attorney General Lyon's letter
objecting to the employment of coun
sel is as follows:
Commission's Letter.
Columbia, S. C., June 1, 1911.
The Hon. J. Fraser Lyon, Attorney]
General, Columbia, S. C.-Dear Sir:
In reply to your letter of yesterday 1
we beg to say that we have employed
the services of Mr. W. A. Holman, of
Charleston, to aid this commission in
the investigation of the affairs of the
State dispensary and to facilitate our
labors in accordance with the acts of1
the general assembly of this State in
such case made and provided.
Your attitude towards this commis
sion has been so unfriendly and anta
gonistic that it appears to us we can
not rely upon your judgment or upon
your legal, services in the further
progress of' our labor, and 'it is ab
solutely necessary and :essential for1
the best interests of the State that
we should have the services of coun
sel, and -his we propose to have for
the benefit of the State.
Charges Hostility.
Your attitude in the Murray matter
was unfriendly and antago.nistic and
hostile to the position of this commis
sion, and your position in the Rich
Tand distillery case is unsatisfactory>
and hostile. You are the attorney
general of this State and should be in~
possession of all the facts and circum-<
stances, surrounding this case, or any
other matter pertaining to the public<
welfare or in connection with the
.State dispensary; but in your unwar-<
ranted' zeal and unfriendliness you<
saw fit to say to this commission that
you ,would prosecute the case if they
would furnish you with proper evi
dence. This is not the proper busi-1
ness of the commission to furnish youi
'with facts, but it is your duty to fur-<
mish the commission with facts in this
Dehialf and in all other public matters]
connected with their business.
Called "Partisan" of Felder.
We are satisfied that your relations
with one Thomas B. Felder are such:
as to make you a partisan with him (
and that you could not be relied upon
to prosecute a man with whom you
siave so intimately associated andt
whose conduct you will not investigate
if you are required to do so. We base i
dis opinion and this conclusion upon ]
your attitude towards this commission
and on information of your relationsi
towards Thomas B. Felder. He was
your employee, or rather you approv-;
ed his employment, and he received
large sums of money from the State
we understand something over $100,
000-and now when we want to em
ploy an attorney at a moderate and
modest sum to aid us in the further
investigation of the dispensary you
interpose, or attempt to interpose,
your cfficial position and to cut off
this commission from the aid and ad
vice of counsel.
As to Employing Counsel.
We are satisfied that in employing
Mr. W. A. Holman we are acting fair
Ty within our rights. The act gives.
de commission broad powers to em
BToy any person to aid them in the in-1
vestigation of the affairs of the dis
j.enisary, as will be shown by refer
ene to the act of the legislature,
w:hich gives to the commission the
riaht to 'employ "any other person or
persons the commission may deem;
necessary for the ascertainment of
any fact or facts connected with said
State dispensary and its management
er control at any time in the past,"
and we have, with this end In view
and for this purpose, employed Mr.
Holman and engaged his services in
eoaformity with the act to aid us in
eur labors as aforesaid.
We bave thus made our position
with you -Plaln and we expect to ad
bere to t.
(Copy.) James Stackhouse,
Chairman.
B. F. Kelley, Secretary.
Secretary Kelley, of the dispensar:
commission, stated that "soon ther
will be something too warm to handle
in connection with dispensary mat
ters.
Liquor Funds Distributed.
The dispensary commission ordere
the funds, about $25.000, now on de
posit in a Columbia bank, transferre
to other banks in the State.
The commission passed the follow
ing resolution:
"Whereas, the moneys on deposit t
the credit of the State dispensary comu
mission are deposited in the Nationa
Loan and Exchange bank, of Colum
bia. without interest; and
"Whereas, it has come to the know!
dge of the commission that the sam
,an be deposited in other -banks at
rate of interest of not less than 4 pe
,ent. per annum, subject to call; an,
"Whereas, this commission is of th
pinion that the said funds should b
leposited upon interest. Therefore b
t
"Resolved, That out of the funds u:
leposit, as aforesaid, the sum of $5,
)00 be deposited according to law i:
the Enterprise bank, of Charleston
55,000 in the Bank of Mullins; $5,00
in the Bank of Bishopville; $5,000 i:
,he Farmers' Union Bank and Trus
30ompany, of Orangeburg, and $5,00
in the Newberry Savings bank, 0
Newberry, as required by law, sai
leposits to be made upon the condi
tion that interest will be paid at th
rate of 4 per cent. per annum, an
that the said funds be subject to call.
Murray Case Aftermath.
The aftermath of the contempt prc
:eedings against Dr. W. J. Murray i
the call upon the members of the ol
0mmission to appear Tuesday wit'
the vouchers sought by the new cor
mission. The vouchers will be consid
ired from meeting to meeting until th
matter is disposed of by the commis
d1on.
Intimations, by the commissior
gathered from questions asked, is tha
the Atlanta firm will come in for som
investigation as to amount of mone:
paid out by the former commission t
the firm for services.
The commission states that it wil
aot accept any order drawn by Attor
aey Stevenson, to be signed as the or
ler coming from the supreme cour
in the discharge of the Murray con
tempt proceedings. The court had in
structed that the proper order b
Erawn. It would appear from th
statement of Secretary Kelley, for th
3mmission, that the commission wi]
sk the court itself to make out th
>rder, as there is a difference of opin
on as to just what the order shoul
3ontain under the court's ruling. Th
:ourt met Monday.
Lyon Defends His P'osition.
Columbia, June 2.-4Cate tonight At
:orney General Lyon gave out a let
:er directed to the ne w .spensar:
:ommission, in which matters tha
ave arisen recently are discussed
lspecially is the arrest of Dr. Mur
-ay touched on, and the contract witi
r. B. Felder is taken up by Mr. Lyon
he letter follows:
"June 2, 1911, State Dispensar:
'ommission... Celum.bia. S. C.-Gentle
nen: Your letter informing me tha
rou have employed an attorney fo
he commission without my approva
s at hand. It is not necessary a
:his time, ad~ can serve no usefu
urpose, tG point out all your erro'i
~ous statements in regard .to my posi
:ion and attitude towards your com
nission.
"Whenever you have called upoi
ne and you have done so several tim
as. I have freely given such inrorma
ion as I possessed and stood read:
to advise you upon any qaestion c
law upon which you might desire ad
vice. On several occasions I hay
personally offered you my official ser
vices; indeed I have gone so far as t
state that it would give me very grea
personal pleasure to assist you to in
vestigate and probe any matter i
connection with the late State disper
sary.
"Why you should think tne fact the
I approved the employment of th
Hon. T. B. Felder. by your predeces
ors in office, shoul.d disqualify me fc
performing my official .duties, c
should be a sufficient reason for yc
to disregard the law as to empioyin
counsel, is difficult to perceive. e:
pecially as you have indicated yoi
willingness to employ Messrs. Abnf
& Stevenson. who were the immedia:
associates of, and employed by, M~
Felder.
"Whether it was wise or not to er
ploy Mr. Felder can scarcely affe
the question of the wisdom or unwi
donm of employing Mr. Holman at th
time, for even a small fee. In th
connection I will say, however, th
the State dispensary, regarded from
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e Cardui is purely vege
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McCaughrin Building
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iNOTICE TO CREDITORS.
- All persons holdi.ng claims against
- the estate of Drayton S. Conwill, de
ceased, will present same duly at
1 tested to the undersigned or her at
- torneys, Hunt, Hunt & Hunter, on or
- before the 28th day of June, A. D.
S1911.
f Annie Conwill,
- Administratrix of the Personal Estate
e of Drayton S. Conwill, deceased.
- 6-2-1taw-4t.
t IFARM[ LANDS FOR SALE.
r340 acres one mile from Silverstreet,
-known as the Spearman home, being
the lands of the late Mrs. E. L. Spear
tman.
e Well improved and in a high state
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rSplendid eight-room dwellinjg house
rand good out-houses.
u For terms and particulars apply to
g W. S. Spearman or Mrs. E. H. Long
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I NOTICE OF FINAL SETTLEIFENT.
Lv Notice is hereby given that on the
t29th day of June, 1911, at 11 o cl,cE
r. a. in.. in the office of the probate judge
for Newberry county, S. C., I will make
3- a final settlement of the guardianshir
et estates of Jas. W. and Jos. E. Cald*
s-well, and immnediately thereafter ap~
is ply for a final discharge as suci
is guardian.
at Minnie L. Caldwell,
aj Guardian.
Copyright 1909, by C.
A Bride's chi
.- shou)d bei;
ua) bank account;
and brings a fee)in
ag
ing the path so n
with all the uncert<
T
Newberry .S
OF NEW B]
Capital Stock -
JAMES McINTOSH, President.
NOTICE OF FINTAL SETTLEMENT.
Notice is hereby given that the un
dersigned, as 'executors of the last
will and testament of T. V. Wicker,
deceased, will make a final settlement
of said estate in the Probate court (~ D C
for Newberry county on June 9, 1911
at 11 o'clock, and immediately there
after apply for a discharge as such
executors.
J. H. Wickei',
T. B. Wicker,I h
Executors of the Last Will and Tes
tament of T. V. Wicker, deceased. t
175. 1911.
COLLEGE OF CHARLESTON..m
127th Year begins September 29.
Entrance examinations at all thep
conty seats on Friday, July 7, at 91P
a. m. I'' E
The college is well endowed, enab- pF
ling it to maintain the highuest- stand-j r
ards.>
It offers complete 4-year courses in'~ a
Ancient and Modern Languages,
Mathematics, History, Economics, Q i
Science and Engineering.
Courses for B. A., B. S., and B. S.th
degee with Engineering.
A free tuition scholarship to each
county of South Carolina. VacantPCO
Boyce scholarships, giving $100 a year
and free tuition, open to competitive'
examination in Sep,tember. f'
Expenses reasonable. Terms andan
catalogue on application. Write to
Harrison Randolph, President, Char- i~
leston, S. C.
WINTHROF COLLEGE1
Scholarship and Entrance Examina- l I
. tion.p
The examination for the award of - eTHE
vacant scholarships in Winthrop col
lege and for the admission of new .
students will be held at the county
court house on Friday, July 7, at 9
a. m. Applicants must be not less mm..mm
than fifteen years of age. When schol- AKn Y
irships are vacant after July 7 they set the world1
will be awarded to those making the Mathulka, of Bu
highest average at this examination, always KEEPS
Iprovided they meet the conditions1 ofill-,andatves
ierning teaward. Applicants for his family. Cui
scholarships should write to Presi- ache, indigestioJ
dent Johnson before the examination 25c. at Win. E.
for scholarship examination blanks.
The scholarships are worth $1001 USE 3
and free tuition. The next sessionII TA
will open September 20, 1911. For fur-J1II
th er informnation and catalogue, ad- Sold on a guar
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HE
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