Historical Newspapers of South Carolina

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COMMISSION'S CLAIM UPHELD BY COURT. Carolina Class Company's Appeal to the Supreme Court Thrown out ami Coilipuil) Must Poj $28,000. The dispensary commission has won practically every point In a decision made Thursday in the Carolina Class company ease. The dispensary com mission will retain the sum of i'2'.i. 000. for Which the glass company filed a claim with the commission several years ago and which was disallowed after hearing evidence in relation to tho transaction by the glass company with the board of control of the State dispensary. The supreme court Thurs day gave a decision written by Jus tlco Hydrlck which disposed of tho two appeals of the Carolina class company. When tho Carolina (Mass company ceased doing business with tho old State dispensary ami after tho dispensary commission had been formed, the commission, after taking tostlmony, declared that the glass company had overcharged the State in its dealings to tho extent of approxi mately $51,000. The State owed the glass Company $215,000 for goods de livered. This sum was deducted from the $51,000, which left $28,000 due to the State, according to the Unding of the commission. The glass company appealed to the supreme court. The decision yesterday affirms the action of the commission in deducting the claim ( the ulnss company. As to Act of 1010. The decision also declares tho act of liHO to t>e constitutional in so fai ns it turns over tlio dispensary money to the commission, but unconstitu tional in so far as It attempts to con fer judicial power on tiio dispensary commission and create a lien on the property of the Carolina Class com pany in this < ity. Tlie commission held up aproximately $7,000 duo by the county dispensaries to the Caro lina class company, "This wns done under the act of 1010 and has been af firmed. The commission also found that the ulnss company owed the State ^L'L'.duu additional and an attempt was made to create a lien on tho prop erty of the company in this city. The decision will not affect tho work of tim dispensary commission. The decision of the supreme court shows whether the commission has acted legally in the holding up the several claims, and collecting thereby from other whiskey houses. The only point where the State loses in the case Is with reference to the notice tiled with the clerk of court of Richlaud county which- was in tended to create a lien on the real es tate and other property of the glass company in Columbia. The commis sion failed to secure the additional overcharges found. Mr. 1.) ou's Statement. In discussing the decision Attorney Cent ral Lyon gave the following sue. clnct statement of the results of thej opinion: "The decision is practically a sweep in;; victory for the state, as the judg ment of the Slate dispensary commis sion is upheld wherein It was found that a Conspiracy to defraud the State was entered Into, and that the claim of the glass company for more than $2:5,000 against the State was dis allowed. The commission is also sus tained tu Unding that the glass com pany, in pursuance of the conspiracy, overcharged the State more than $r>l, 000. "The main object of the act of 1910 is sustained. This act provides that county dispensaries. owing money to houses found by the commission to be due the State, money on account of dealings with the former State dis pensary, shall pay over to the com mission a sufficient amount to cover the amount so found to be due. This means that anything owing to the gla?s company by county dispensaries now or heretofore existing shall go to the commission to help reimburse the state for overcharges made on bottles bought from the glass company by the State dispensary. And so. under this act. the State gets about $6,000 in ad dition to tho $2;5,ooo. it was not con tended that the commission could pass a judgment with the same force as a court and, in this respect, the supreme court has held in accordance with the views of counsel for the State. The only point in which the State loses is as to the effect of the notice filed with the clerk of the circuit court-which was intended to create a Men on the real estate and other property of the glass company in Columbia. The com mission is fully sustained in its find ings against the glass company, it only fails to get a lien to secure the unpaid balance due the State." The handing down o." t;ie Carolina (Mass decision is probably the last c hapter in the work of the dispensary commission as practically all other business has been attended to. The act of HUO referred to gave the commission the power to hold up claims against the county dispensat les by whiskey houses and other con cerns. The Carolina Class company had a claim against the several county dispensary boards of approximately $23,000. This sum was held up by the commission. An overjudgment for over $28,000 was entered against the company by the commission, and a suit was bled in the Richland county court. The opinion COVery two cases, that of the Carolina class company against the State of South Carolina] and that of the Carolina Glass com pany against the members of the com mission. A Matter of History. It cost millions of dollars, and thir ty-five years time in work, to prove conclusively that scientifically made paint, is superior to the old method of making paint by hand mixing with a stick in a pot: a few gallons at a time. The L. & M. Paint Is scentiti cally made by machinery with only the Hnest White Zinc and White Lead j made from metal, and purest Linseed I Oil, Its use saves costly labor, and lh?i many millions of gallons used throughout the United states proves it. Sold by J. H. & M. L. Nash, Lau rens; J. \V. Cupelnnd & Co., Clinton. Another shipment of Rugs P.nd Art Squares .tust received, they are beau tiful patterns, and very low priced. S. M. & E. H. Wilkos & Co. I For Sale - fc&i Fred W. Green house and lot on West Main Street. Formerly owned by J. H. \jtj One House and Lot, North Harper Street _ containing one-half acre, more or less, CO fronting on Harper street 50 or 60 feet. 0^ The Harriett Mills House and Lot Ed w to 04 N. R. DIAL, President. C. H. ROPER, . Sec. & Treas. ffi Home Trust Co. B^t^t t atti>it>mc" cnii'Pii n\\ir\i ixta LAU RENS, SOUTH CAROLINA m And See the Big Busy Store, THE RED IRON RACKET, The House that Sells Same Goods for Less Money. We Clothe and Shoe the Whole Family from baby to Grand Daddy. Follow the Crowd they will Bring You to the Red Iron Racket. frail $3.98, $4.94, $6.39, $8.75 $9.97, $12.39, $16.00 for the $20.00 kind 75 cts Value 48 cts Big Value in Millinery 98c, $1.39, 1.84, 2.25, 2.98 up to 4.15 for the $7.00 kind Guaranteed Hat fur $1.98 Red iron Racket Dress Shirts 25cts, 39cts 48cts up to 94cts 50cts kind 38cts 6Uctg*kind 45cts $1.00 kind 73cts Big Line of Ores Goods lOcts, IScts, 25cts, 39cts 43cts up to 89cts per yd ^?..v.-ii-!*8.V- \ W Beautiful Skirts 3.48, 4.98 to 7.94 Uuly 25 cents 35cts value for 25c(s Ladies' Fine Coat Suits 15.00 value Special this week 11.39 ft BIG MAT SALI! 48cts, 69cts, 97cts, 1.24, 1.45, 1.98 and 3.48 for Stetson Remember we have hundreds of articles we cannot list here. Come to Burns' Cut Price Department Store and see for yourself. We sell very near everything, you'll save 15 to 35 per cent in buy ing your fall goods at Red Iron Racket. six special Bargain days each week Fine Tailored Pants $1.98, 2.45, $2.97 $3.48, 4.93, 5.39 for the 57.00 kind "Eclipse Champion BIG SALE NOW ON. Boys' Suits lor $1.98, $2.45, $2.89, $3.47, $4.25, $5.39 for the $7.00 kind. RED IRON RACKET Same Goods for Less Money B&B9H9HH J. C. Hums & Company's Six Cut Price Stores?Laurens, Greenwood, Greenville, Anderson and Spartanburg fc2, S. (!. A LEI %*