Historical Newspapers of South Carolina

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US S. MA PERMANENT RECEIVERS ARE NOW APPOINTED TO ME CHAISE OF DEFUNCT blSPEKSART FUNDS-A SERIOUS HUDDLE , TIE RESULT. ; Asheville, N. C, March 8.? i The attack made on Jud^e Pritch- < ard by Attorney General Lyon at < Augueta, Ga, last night, and pub- u lisbed by the morning papers today, t whereiu the Attorney General se- f verely criticised the action of Judge 'j Pritchard in appointing permanent t receivers for the South Carolina s dispensary fund, created a profound c sensation in this city, Judge Pritch- i ard's home. It is stated to-night i that representatives of some of the c suitors will call the attention of the Court to the Attorney General's at- s tack and ask Judge Pritchard'to at* t tach him (the Attorney General) for t contempt of Court, on the ground a L-l - .1 1 ? m treat, w nue reuecuous on me u uage 8 r personal character are not contempt, r the advice of Attorney General Ly- U on to the commissioners to disregard p the orders of the Federal Court di- p recting the deliverance of the dispen- o: sary fuud of $800,000 to the recehr- I ers does in itself constitute contempt, t< in that it tends to actually interfere t with the administration of the Court fi auu nullify its powers. a; 4idge Pritchard, who left this a; afternoon for Richmond, with a J . stop over at Washington, declined to ti - make any statement before leaving, u 3ayiug that it was not his practice to ai discuss cases in his court. Two lo- n - cal attorneys, who represent distill- re ing companies in the suits against u v\the South Carolina dispensary com- ci aadssiou, issued a statement to the tl press, wherein they handled At tor- b ney General Lyon without gloves, t< resenting what they termed "a great injustice done to Judge Pritchard." I They also declare that Mr Lyon's & statements are "wide of the truth." d The statemeut in full follows: c "Our attention has been called to ?' an interview published in the morn- a ing papers given out by the Hon. J. a Fraser Lyoo, Attorney General of c the State os South Carolina, in c whice he is quoted as saying in ref- t erence to Judge Pritchard'? appoint- r ment of temporary receivers in the e South Carolina dispensary case; T regard the entire proceedings as t without precedent and as a most c outrageous disiegard of the rights of the State of South Carolina. It is founded upon no sound authority, t His conduct in appointing receivers J on the day before the motion for the < appointment of a receiver was to be heard in accordance with the for- i /sal order wtucn ne passed was a most wilful disregard of the rights of the State, and we were thereby denied our day in court.' "Our attention has also been call* ed to an interview in the Columbia State with Dr W J Murray, chairman of the State dispensary commission, m which he is quoted as follows: 'Our attorneys are now in Asheville waiting to be heard to- < morrow, (Saturday,)aud it is, indeed a strauge move that this Judge should go to work and appoint receivers before the case is heard and our attorneys had a chance to submit arguments.' "The statements are so wide of the truth and, in our opinion, do Judge Pritchard so great an injustic, we ft el called upon to submit to the public a full statement of just what occurred. "On Friday our attention wasdi III RCUS. retted to the fact that Governor An sel had sent a message to the gener al assembly of South Carolina urg iug that such action be takeu as would put the funds in the hands of the State dispensary commission beyond the jurisdiction of the Federal jourt and that iu consequeuce of ;hat message there had been iutroiuced in. the geueral assembly an xtremely drastic bill designed to iccomplish this end by requiring he commission to pay over all the :unds in their bauds to the State treasurer, and providing that any :reditor of the State dispensary who ihould seek the collection of his ilaim through the courts, either by nstituting a new action theretofore nstituted, should forfeit all claim ipon such fuuds. "In our opinion that created a a: : a. _ it _ _I_ _ _ M uuauuu tnj perilous 10 me rigncs oz be complainants that we presented he facts to the court by affidavit nd made an application ex parte or the appointment of a temporary eceiver. Judge Pritchard declined o hear an ex parte application, and osilively stated that be would not ass upon our motion in the absence f council for the commission. Mr >auiel W Rountree, one of the atirneys for the commission, was at he time in Asheville, and we notit?d him of our application for the ppoiutmeut of a temporary receiver nd requested him to appeal before udge Pritchard at once. Mr Rouu ee responded to this request and pou the situation being explained id our assurance that the required otice would be given in FleischiQnn Biiit if inniahorl nnnn Ku ?rwl - I ntarily waived notice of the apphation in the Fleischmann case so sat the motions in both cases could e heard together and another trip > Asheyille obviated. "The waiver was written bj Mr touutree himself on the affidavit of Ir Geo B Lester, upon which affiavit our motion for temporary re eivers was made, and is as follows: I'he defendants desire to bavei the pplication for the appointment of receiver in this case and the appliation for the appointment of reel ver in the case of Wilson Disilling Company etal, vs W J Murvetal, heard together, and to that nd without waiving any rights the lefendants waived notice of an iuention to apply for the appointment if a receiver in the former case.' " 'This March 6, 1908. ( ' 'Signed) J Eraser Lyon, Atornoy General, Abney & Muller, \neerson, Felder, Ronntree & Miliar, attorneys for commissions." "Thereupon Judge Pritchard, vhile Mr Rouutree was still present, made an order appointing the five commissioners temporary receivers, the commissioners being selected in pursuance of the policy which Judge Pritchard had theretofore announced to administer this fund as far as possible through the instrumentalities provided by the State of South Carolina. "On the following day the matter came on to be heard upon the motion in the Wilson Distilling Com pany case for the appointment of a permanent receiver and the similar motion in theFleischmaun case was heard at the same time. There were present at this hearing, representing the dispensary commission, Mr W F Stevenson, general counsel for the commission, Mr D W Rountree, of the firm of Anderson, Felder, Rountree & Miller, and Mr J S Muller, of the firm of Abuey and Muller. Upon consideration of the evidence OT KIP I BAn K i m hH introduced upon the hearing of the consolidated motion Judge Pritch aid announced thai, ne was of the ? opinion that permanent receivers ought to be appointed and that such a coarse was necessary for the pre' servation and proper administration of the fund, and an order was en ,i l ~ jr?i. ; ... ? _ icitru iu iuat cua., naming aa pei * manent receivers Hon Joseph A Mc1 Cullough, one of the most distinguished citizens of South Carolina, aud the members of the commission, Messrs Heuderson and Arthur, who had suggested their willingness to serve. "We have no desire to try these cases in the public press, but these statements by the Attorney General and the chairman of the dispensary commission seem to us to be a deliberate attempt to raise false issues and to persuade the pwple of South Carolina that some question of State's right is involved and to arouse a public sentiment which will prejudice the rights of the complainants. i "Speakiog upon the question as members of the same political party to which the Attorney Generat belongs, (eyery one of the attorneys for tbe complainants being a Southern rv a. i w_ ..i i/emocrac except air tester, wuoie a member of tiae regu lar Democratic organization of New York,) we wish to say that in o?r opinion no question of State's rights is i nvolved in> ! these suits and there has been so ati I tempt on the part of J udge Pritchard to invade the rights of the State, but on the contrary the efforts of the complainants in these cases are to | carry out the evident purpose and ^ intention of the State of South Sontb Carolina as expressed by its , General Assembly m the Act ot 1907 that all just claimsagainst the State ( dispensary should be fully paid. "If Judge Pritchard has commit- ( ted error in taking jurisdiction, ( issuing injunctions and appointing receiver*, the defendants have complete redress by an appeal to the Su| preme Court of the United States.l> The following statement was made by Judge Pritchard with regard to the appointment of receivers: "The Court oa yesterday on the application of counsel in the cases of the Fleischmann Company vs W J Murray, et al, and the Wilson Distilling Company, etal, vs W J Murray, et al. entered an order appointing the defendants, W J Mnr ray, John McSween, C K Henderson, H F Arthur aad Avery Patton temporary receivers. These parties were notified of their appointment, and replies from four of them have been received. The defendants, W J Murray and John McSween, declii e to serve, the defendants, B F Arthur and C K Henderson, accept the appointmeut and indicate their willingness to serve. No response has been received from the defendant Patton. "These gentlemen were appointed receivers upon the theory that the Court was anxious to adopt the instrumentality provided by the State in this instance for the administration ?f the trust fnud in their hands, but inasmuch as the majority of the commission have either declined or refused to indicate a purpose to serve the Court has decided to appoint the Hon Joseph A McCullough and ' Messrs C K Henderson and B F s Arthur permanent receivers for all the funds and property in the hands of the defendants constituting the State dispensary commission. "The Court regrets exceedingly that any ot these defendants should THIS S S0ME1 hare decliued to accept theappoinl ments, feeling as it does that thei acceptance would have been in hai mony with the statute under whicl they were appointed." The present status oi the du pensary case is as follows: When the dispeusary commissio created by the South Carolina Lej islature to wind np the affairs of th dispensary failed to agree wit creditors who sold liquor to the die peusury, ua iv kuiuuiils uuc, tuaij ing swindling by creditors, Georg B Lester, New York, attorney fc F'eischmann Companr, came t Aaheville a rmratb ago and file* with Judge Pritcbard of the Unite States Circuit Court a bill in eqnit asking receivership for the fnnd o $800,000 left by the dispensary, an( a few days later, Frank Carter o Asbeville, and T Moultrie Mor decai, of Charleston, Ailed a bill foi the Wilson Distilling Company ant others, on which J ndge Pritcharc issued a temporary restraining ordei forbidding the commission from dis peeing of the fund er taming itintt the State treasury. Three week! ago* both cases wtre argaed, th< Judge then declining receivers anc taking under advisement the question of jurisdiction of the Court, raised by the commiBsioa through Attorney tJeoeral Lyon and counsel for the-commission, on the ground that the suit was agaicat the State itself. On his return- from Richmond, Judge Pritchard, one weeh ago. announced he woukt take ju-risiictioo, and a hearing on-the app-h3atioR for receivership by the Wiljon Company was seut for Saturday last, (fci Pndav counsel for the Wil8or> Company and for the IPleiscbmann Company presented the Ufidavit of George B Lester that the Bovernoc of Sonth Carolina urged the Legislature to actio* to- defeat the jurisdiction of ihe Court, and that the Legislature wou.hl iuterfere with tb* Court's powers,, whereupon D W Reontree, of Atlan^v, counsel for the commission, being here, was notified and was present at the bearing, other counsel not having arrived for the next day's hearing. The Court named all of the-five members of the commission as temporary receivers, yesterday (Saturday) Judge Pritcbard announced the appointniur fr aa nprmanont M*PAeiv?ra nf Joseph A McCulloogb, of Greenville> S C;B F Arthur, of Union, SCandCK Henderson, of Aiken, SC This is what Hon Jake Moore, State Warden of Georgia, says of Kodol For Dyspepsia: "E C DeWitt & Co, Chicago, 111. ?Dear Sirs?I have suffered more than twenty years from indigestion. About eighteen months ego I had grown so mucb worse that I could not digest a crust of corn bread and could not retain anything on my stomach. I lost 25 lbs.; in fact I made up my mind that I could not live but a short time, srhen a friend of mine recommended Kodol. I consented to try it to please bim and I was better in one day. I now weigh more thau I ever did in my life and am in better health than lot many years. Kodol did it. 1 keej a bottle constantly, and write thii hoping chat humanity will be benefited. Yours very truly, Jake C Moore, Atlanta, Augast 10, 1904.' Sold by W L Wallace, Final DischargeNotice is hereby given that the un dersigned, B P Fulton, executor of the estate of R W Fulton, deceased, will apply to P M Brockinton, Probate Judge for Williamsburg county, at IS o'clock Saturday, March 14th 1908, for final discharge as such executor. , 2-20-41 B P Fulto# / t i t iPACE I fHIMG M 3, MAR ' ?ywyvvvwvvv^^ ; I FIRE PROTEt > When once your build * | Gibralta n ^ Great protection is affordet ^ Norember 23 by a house at " ^ painted inside and out witl i? ^ Resisting Materials. Hui h > this test of fire. Besides a ^ owing to its Fire-Resisting ^ PAINT is more durable th '* ^ resists the sun beat and w 'e ^ made for painting shingles, I use UltJKAljTAK 1*AIN reasonable in price and mor IFOIES S-A Kingstree H Kingstre Manfacturedfby 8out and Roofing Co.. I ; ?AMAAMMAMAMMAWAM F\ F I (Prickly Ask, Ptk? MARS POSrriTK CURES Of A nrnri *? 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