Historical Newspapers of South Carolina

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I fit. MMTH: WATCHMAN, FataUh Consolidated Auk. 2,1 WARRANT FOB LJIJELDER. %TTf:>..T To BRIBE \M> I K\I U ? o?arai \? v CM IRGKD. Warrant Isauesl at ffewberrj on Af fidaot of rtteieiar) h.u.\. I ?.n?>\% Ina ? >Iuti<*it ??r CommUsloii at ( ulnniN? ".?Hing, wherv Atlanta \tlomr> Fnl> 10 \|?|m?ar?Ruh* to ??hot? Cnum* tgulo-t I x ?Chairman Murray ? Holman and Holman < ..mini- ion - ( 0||l|s4>|. Newberry. May St.?Acting under i ?ha resolution pa and by the dmpon aary wlndlng-up commission In Co? lumbia today. Sacra ary B. Frank Kalley. of the commission, came to Newberry tonight ar.d swore out a warrant on Informstlon and belief acainst Thomas B. Felder, ef At- ' lanta. charging him with attempting ' *o bribe a member of the board of di? rector* of tha State dlspanaary ot South Carolina, and conspiracy to Bleat and defraud the State. Tha warrant aas Issued by Magis? trate Sample, upon Secretary Kelley's ?flMavit. and was placed In IK. hands of Sheriff Buford tonight. The wnirant Charge? that at New berry on or about the fifth day of October. 1905. "one Thomas B. Fel? der did offer to bribe H. H. Evans, a member off board of directors of the State dispensary of South Caro? lina, end did then and there <onspire to cheat and defraud the State and did offer NT promise, to the said H. H. Evans, certain gifts or gratuities, with intent to Influence his act, vote, opinion, decision or judgment on mat? ters And questions, causes and pro? ceedings wnlch were pending before htm as a member of the board of di? rectors," etc. The affidavit states that H. H. Evans and others are material wit? nesses. HOT MFFTING IV COM Mill A Columbia. Msy 29.?Events came thick and fast today at the session of the dispensary commission, the chief happening being the authorising of a Win sent "for the trsrat of Thoa, B. Felder, the Atlanta attorney. Chairman William J. Murray, of the old dispensary commission, was serv? ed with a rule to show cause why he thould not produce the vouchers of the old commission or be held In con? tempt. Holmsr. and H-iiman. of which tlrm W. A. Holman resides In Charleston, will ha eeejnael for the new comml? ?lon. being so named today. B. C. Holman. of Barnwell, is the other member of the firm. The old commission. with tho ex? ception of J. Steele Brlce. met her? today in Attorney General Lyon's of? fice. No definite announcement came as to the purpose of this session. These ware the main threads of dispensary* hlutory woven at today's seealon. Tomorrow bids fair to bring forth much more of Interest. The Carolina Glass Company will seek to have its case reopened before the commission. Chairman Murray will make his return to the rule to show cause. Attorney General Lyon will have a statement in connection with tha Richland Distilling Company case. Other things not scheduled are expected to take place tomorrow. There Is an air of expectancy per? vading the who'.o sttur ion. The one expected happening toiay was the fact that Thomas B. Fe'der did not put In his appearance here in re? sponse to the commlssion'.i call. The general Impression here Is that prob? ably he would have been arrested either today or some time during his stay In his sister State, South Caro- j Una. Col. Felder wrote as follows to Chairman James Stackhouse and to the members of the commission. "Receipt of your valued favor of the isth instnnt Is hereby acknowl? edged. I have been absent from the (city for the past week or ten days, conductive some Investigations on my own account anent the matters referred to in the second paragraph of the serle? of resolutions adopted by pS*Sj commission at a meeting held In th* city of Columbia on the 19th Instant, a copy of which you caused to gg transmitted to r.e here. "After mature deliberation I have retched the deliberate conclusion th?.t i? 'your Governor could w.th prof<rle:y create a commission who are 'all friend* of mine and personal ?mpporters* to Investigate the mem? bers of the old commission, the At? torney Genera) of the St.it.- of South Carolina and the agent*, attorneys and employees .f the old commission, ,?,,d to ro.ik.' '. rigid ln\estimation of nil my (Blouses) MtS as St ite Sena? tor, private cltkteri and Governor of the State.' I could with equal pro pro-tv resolve myself Into a commit -Iml April, 1H?0. Be JmN a 881. tee of me t ? make investigations as |0 the said Bisa Iti his allies ami af? filiates. "1 think it would be Conceded that my Juri dh tion is euually as broad as V'lirs; tb.it I have tie- same author? ity to subpoena witnesses, compel their attendance and to give evidence Vouching the premises as you possess; od I feel that I n.ay say, without un? due Bjrrcejnnce, tiiat my 'findings of Ih.Ui law and facts' will be Just as binding and carry with them the same degree < f weight and respecta? bility as yours. "In <?? B permit me to say that my investigations have been QglfJ extern.\e. thoough and exhaus? tive and m^st satisfactory to me. and, when mule public, will, in all human pr >l ability, disqualify for service some of those now seeking to pass of? ficial Judgment upon the acts of my os lates and myself. "To some of you thU statene nt may prove ? -nigmatlcal. While, to oth? ers it will be most (dear. "It goal mo* suit J|he convenience of my committee to meet with yours at the time ar.d place Indicated, but If we can mutually agree upon a dif? ferent time and place for an inter? change of views. Information and COnAdeneeS) t feel safe in saying that the result will be most pleasing and protltsble to the pop'e of the State of South Carolina, If not to you and ?yours." "White making no unconditional omlses to do so, (for I must in these matters consult and largely yield to the wishes of others more vitally Interested in the outcome of this controversy than 1 can possibly he, and. I may add, whose views have deterred me In doing so heretofore,) still. If unrestrained, will be my pleas? ure to deliver in the not distant fu? ture a veritable 'broadside." With the assurance of my mo3t distinguished consideration, 1 have the honor to be, yours very truly, "Thos. B. Felder. "Chairman of the Antl-Blease In? vestigating Committee." The letter is dated May 26, 1911. Dr W. J. Murray, of Columbia, the ehatrman of the formei dispensary commission, all of the members of which were removed by Governor ?ease, was served with the follow? ing rule to show cause this after? noon: "State of South Carolina, county of Kiehland. Before the windlng-up ei mmlssion of the dispensary. "The State vs. W, J. Murray. Whereas, W. J. Murray, the for? mer chairman of the State dispen? sary commission, has failed upon re? quest and demand to turn over the v ?uchers and records of the former commission, as requested by resolu? tion of the present dispensary com? mission; therefore, be It ' Resolved. That the said W. J. Murray be, and he Is hereby, required to appear before this commission at the State Capitol, In the city of Co? lumbia, on Tuesday, May 30, 1911, at 11 a. m., to show cause, If any he have, why he should not be, ruled for contempt of thl3 commission for fall? ing to deliver the said vouchers and records, as aforesaid. "Provided, however, that If the said W. J. Murray shall, by 11a. m., May 30, 1911. deliver the said vouch? ers and records to said commission that the rule herein he discharged." It is understood that the commis? sion recently called upon Dr. Murray for the vouchers and that Dr. Mur? ray's reply was that this was the property of the former commission and that the vouchers would not he turned over. Hence the rule this af? ternoon. It 1* believed that this mat? ter was considered at the conference of the member of former commis? sion this afterno n. RBQ1 IsiTlov FOB T. B. FELDER, Columbia. May |g,?QOY, BleftJM tonight Signed a requisition on the Governor of Georgia f >r the arrest of Thomas B Felder, the Atlanta law? yer, The papers were prepared by Solicitor Cooper In due form, stating that Attorney Fehler is wanted at Newberry lo answer Ihe charges made in connection with the dispensary business. Sheriff I'.uf ?rd. of Newberry, now has the requisition and Will leav. 1" re on t te early morning train t< have Ihe requisition honored, and, n so done te escort Mr. Felder to New. terry. St here hs will give bond for his appearance si the regular temn >t court. Mull Carrier's Examinatloa, An examination for city carrier? and posfoflife clerks was held in tin postofhVe Wednesday. There weri twelve applicants* la lake the exam Ination, cif this number there wert two ladicH. seven white men and Ihre* negroes* to try for positions in tin civil service. DISPENSARY S! tU&TiON UM. oil. MURRAY APPEARS?RKQU1 sl'IK V FOR THOS, U. FELDER. Attorney General Lyon also Replies to Recent Resolution of Commie* ?Ion (Irring Reaeons for Inability to Press Case Against Riehland Destining Company ? Carolina <.la>s Company*? Petition for Ito henting Also Presented to Board. Columbia, May ?The appear anee Of Dr. William J. Murray, the chairman Of the old dispensary com? mission bef >re the new commission Upon the rule to show cause, the statement of Attorney General Lyon, that, In the circumstances, he can? not press the Itichland Distilling Company's case; the receiving of a petition from the Carolina Glass Com? pany to reopen Its case before the new commission; a consideration of the Scruggs matter and a return from the members of the old com? mission, were the chief feature3 of the session of the dispensary commis? sion held here today. , As to the exact charges against Thomas B. Felder, it is learned today that the John ^ell TowiU incident re ferred to in press some time ago. and the "II eani alleged "frame up." will be to naln basis of the case against the nta attorney. It is understood tha. oth Kvans nn^ Tow i'i will be placeu upon the s'.and I if the case is brought to trial. Considerable interest was manl fested here in the statement about I the arrest of Col. Felder. It is not believed that he will voluntarily come j in response to the warrant, however, land a hard fight for requisition will J probably be waged. Attorney General*! Reply. ! Columbia, May 30.?Attorney j General Lyon today made reply to J the dispensary commission's resolu I tion, asking him to go ahead with the j Richland distillery case. In brief, Mr. Lyon's reply is to the effect that as the Atlanta firm of at I torneys had charge of these matters j *rtd were engaged at the time fhey I were dismissed by the new commis I sion, in handling this particular suit I and the data is In their hands, he is j not In a position to carry ont the suit. I Mr. Lyon concludes: I "I will be unable to proceed with I this litigaton with any reasonable J ho].f success without your furnlsh I in<? me the facts or providing there Ifor, as was done by your predeces? sors." i The letter of Mr. Lyon In full to j the commission Is as follows: ' "May 29, 1911. j "State Dispensary Commission, Co llumhla, B, C,?Gentlemen: Respond? j lug to your letter of recent date in I reference to the ease of the state of I South Carolina vs. the Hichland Dis Ittllery Company, beg to advise that I several of the statements made by I you do not accord with my Informs* J tlon upon the subject. However, 1 j do not deem it of sufficient Import lance to take up your valuable time I with a matter which may not affect I the real question propounded. I will, I therefore, endeavor as far as I think J necessary to an understanding to give J you the facts concerning this litlga I tion. j ' The suit was commenced by I Messrs. Anderson, Fehler, Roundtree land Wilson, ruder an agreement had IWith your predecessors in office, after I they had, as I am informed ,COl1ect |ed sufficient Information upon which j to base the action. This firm em I ployed as their associates and at their I own expense Messrs. Abney & Steven? son, ;md while my name as Attorney IGeneral appears as counsel in the lease, it waj only nominally so for the [reason that the law under which you Iexist provides for the employment of I counsel other than the Attorney Gen Loral to conduct sta b litigation. And I so it has been that the above men Itloned attorneys, who appear upon II > i ? ? record as my associates, have bad ?lactic - management of the case since jits Inception tinder the agreement I with >our predecessors In office. "You sire iti one sense c ?rrect ' I when you assume that I must have ' had grounds for commencing thti jsoit. but wholly Incorrect In another; I that Is, If you have assumed that l 'Jam iti possession of all tie* facts n?r II e sa ry to a successf ul termlnatl m I thereof. The suit was brought bj I the attorneys above mentlonet wltl I my consent. They were, as i am in 11formed, in a position to prove th< 'lease, Thee bad collected $34,700 it 'leash on the claim and placed tht ? I property .f the Richland Distiller) '?Company, located In this city, In tht *j hands of ;, receiver erupt were undei t j taking to make a settlement of tht I balance of the claim when you dis ns't m in- fh> Country's, Thy God's an< RDAY, JUNE 3, 1911. charged them. So ir was under these circumstances that the case was In? stituted and is now delayed. ' As to y??ur resolution requesting me i" proceed with the cast- t.> a final conclusion, ami if s," advised em? ploy other cuins. l in this State to as? sist, or to continue Messrs. Ahney and Stevenson. 1 beg to advise that Messrs. Ahney and Stevenson are no longer connected with the case, their employment having been solely I through an arrangement, at my Bug jgeatlon, With Mr. Felder. They can-j not, therefore, he continud, their con? nection having been ended with your ' discharge of Messrs. Anderson. Fel 1 der, Roundtree A Wilson. Besides this, Mr. Abney states to me that he cannot be retained further in the liti- I gation under present conditons. and 1 j ha\e no doubt that Mr. Stevensi n will take the same position. 1 beg to further state thar all of the above mentioned i t< meys were employed with my approval, and contrary to the v'.ews you have expressed it is my opinion that they have all been dill gent, faithful, and efficient in con? ducting this piece of litigation, as well as discharging all other duties which they have undertaken. Buch 1 stag my view of this matter, I sug? gest that if you think this litigation should be cqntinued, you enter into an agreement with an attorney or at? torneys who are ramilar with the facts and the law of the case, sub? ject to my approval under the Act of 1907, to conclude the litigation. Sec? tion 3 of the Act of 1907. page 85, authorizes you to employ such assist? ant counsel as may be approvod by the Attorney General. I further sec? urest that you do not undertake to delegate to me authority reposed in you under the Act of 1910 to adjust or settle this claim. Section 1 of this Act, page 870, provides 'that the State dispen? sary commission is hereby author? ised and empowered, in addition to the powers heretofore conferred upon it, to pass upon, fix, and determine any and all claims of the State against any and all persons, firms or corpor? ations doing business with the State dispensary, und to fully Investigate transactions by any and all persons, firms or corporations with the State dispensary, and to make settlement of all claims in favor of the State against such persons, firms or cor? porations, and collect and receipt for the same.' "As you see under the law the re Bp uisibility in these matters rests up? on you. and I suggest that it would be better to closely follow the statute and exercise the authority given you and discharge the duty imposed up? on you thereby. T further suggest that both your committee nnd I with ref? erence to employing counsel as well as the settlement and adjustment of claims follow the Acts above referred to, and thereby avoid any confusion of duties which rest upon us. "As to the litif.'tlon, t beg to ad? vise that when you have ascertained facts sufficient to justify a continu? ance of the case and placed the sani? at my disposal 1 will then be able to proceed, but having been cut off from the source through which practically all Information has come and through which I had anticipated other in? formation would come by the dis? missal of Mr. Felder, it is impractical to proceed before you supply the nec? essary facts. You have full author? ity under the various Acts provid? ing for winding up the dispensary, to investigate this matter and T feel con? fident that if you exercise these pow? ers, you will be able to furnish me with the facts neessary to proceed, and when the facts are ascertained we Will then be in apositlon to deter- I mine whether it is necessary to em? ploy associate counsel, as provid 1 under the Act of 1907. 1 will, 01 course, do all in my power to co? operate with you. as 1 have with your predecessors, but l will be unable to proceed with this litigation with any reasonable hope of success without your furnishing me the facts, or pro? viding therefor, as was done by your predecessors. Tours very truly, IJ. Fr?ser Lyon. "Attorney Central." PAROLE GRANTED. Life Term Prisoner Left the Peni? tentiary Tuesday. Columbia, May 30.?The governor has par ded Nelson Shaw, of Bumter, who was convicted In 1902 on the charge of murder and sentenced to life imprisonment, Bhaw was eon ? vlcted on the charge of whipping his foster child to death. The child die,I. ? it was claimed, as the result of being w hipped by Shaw. .John 11 utto w Killed at Pell ill, > Lexington county, Monday by being thrown from a tram cur. 1 Truth'*," MURRAY FREED BH??RT. declares dispensary im)All') kxceeded utiiouh v. Arrest of Chairman of Former Wiml Ing-up Commission Annulled as Result of Habeas Corpus Proceed? ings?\ \v Commission May in? spect Vouchers Demanded, bu! Poa> session Denied?Lyon Calls Matter of Commission m ploying Counsel Over Iiis Objection to Court's At? tention. Columbia? May 31.?Arrested this afternoon by order of the state die* pensary commission, Dr. Wm. J. Mur-1 \ ray, of this city, former chairman of the commission, was at 10 o'clock to? night unconditionally discharged I | from custody by the Supreme Court. 11 Dr. Murray had been placed under arrest in contempt proceedings, and in announcing its decision the court stated that the COmmlslon had ex? ceeded its powers in arresting Dr. Murray. The arrest for contempt came up because of Dr. Murray's refusing to turn over vouchers held by the far? mer commissioners. Dr. Murray was not placed In jail during the after? noon. At 1 o'clock the Supreme Court commenced the hearing of the habeas corpus proceedings and at 5:10 took a recess until 8:30 this evening, when again the matter was taken up. Ar guments being concluded shortly be fore io o'clock, the decision of the court was announced from the bench 1 y the I'hief Justice Dr. Murray had been in charge of the marshal of the commission in the interim between the contempt order and the hearing In the Supreme Court this afternoon and between the after noon session and the evening session. He was, thus, technically under ar? rest. Chief Justice Jones, in announcing the discharge of Dr. Murray, stated that the dispensary commission hod acted In excess of Its powers in ad- , judging Dr. Murray guilty of ejBgfli tempt. The commission, the ChiesjJ| Justice stated, had no power to order the turning over of the vouchers for moneys paid out by the old commis? sion, absolutely to the new commis? sion, the vouchers being quasi public records and quasi private records. By the statement Of the court the commission has the right to obtain the records for Inspection, that is to say, as In the Farnum decision, the commission may order before it the members of the old commission, who must bring the vouches for inspec? tion by the new commission from day to day or from night to night as the case may be; the new commission can inspect the vouchers and have them before them, the original holders thereof being in attendance and pres? ent at the inspection. This Is the old commission's right tinder the state? ment of Chief Justice Jones and is the law as already laid down. Chief Justice Jones stated that the court wished to emphasize the right that the commission has to order Dr Murray or other members of the old commission before it. But the crux of the matter was that the commis? sion had not the power, under the statutes, to demand the turning over of the vouchers. In effect, the decision by the Su preme Court in this matter means that the possession of the vouchers remains with the old commission which desires the vouchers for pro tection in case of an investigation The order of the v >urt releases Dr Murray absolutely from the ?b?rge >f contempt. Members of the com? mission stated tonight that the old commissioners would not be required to produce the vouchers before them for inspec tion In the manner indicat? ed by the court tonight. Although the Whole proceeding was a serious matter, it appeared, as expressed by Justice Woods, that it was *\\ Temp? est in a Teapot." Dispensary matters reached anoth? er crisis incidental to the hearing about Dr. Murray. Attorney General Lyon made the statement in open court tonight that counsel reported by the new commission, under the statutes have no right to be counsel for the commission against his own advice and consent. He quoted the Act of l?07 and the Act of 1909 In support of ids contention. The At? torney Genera] was emphatic In bringing to the attention of the court the position that now exists as to the employment of counsel. The commission had announced Cit securing of the services of W. A. Hoi man, of Chariest >n, his brother. R, n, Hoim.m. of Barnwell, being asso? ciated with him. This was done, as stated by Mr. Lyon tonlghl In the Su preme Court, and as already pointed SOCTIIRON. Established Juno, 1*M Vol. XXXII. No. 30. tut in the prats, with Air. Lyoa'l dis LpprovaL He asked ths court to t:?ke "gnizanee of this situation. Ths Supreme <'ourt did not decide onlght the riKht of the counsel em? ployed by the conuntssioa to rapra lent the commission, but stated that t permitted counsel to be heard as imieus curiae. (friend of the court.) md as appearing for the individual nemhers of the commission in the natter liefore the court. The court ntlmated that in the proceeding bc ore it tonight it was no- ncerned alth the right of cour > appear *. r the commission. it recognize.- ^ n?y General .yon's right to ,<* .ir f..r the State ind hear oth iaael? amid curiae. Althoug' v acially appearing for he Sto'^v the proceedings, Attor ley C^. .i Lyon's brief statement of ;h' ^v ier before the court was the h ssion of doubts as to the author ty of the commission to order tne :urning over of the records. Mr. Lyon's position was a peculiar one, n the elrcum.-tances, as he, nominally ?epresentlng the commission as the Vttorney General, his attitude was, >D its face, against the contention of he commission by the expressing of he doubts as to the powers conferred >y the several Acts. Mr. Lyon pointed out that the Act )f 1907 gave the commission power to nvestigate the affairs of the old State lispensary. Was the Act prospective? Dr. William J. Murray, former ?hairman of the State dispensary ?ommlssion, that was removed by Governor Blease, was placed under irrest for contempt at 2:15 o'clock to lay. Immediately his counsel ob ained an order from the Chief Jus ice in habeas corpus proceedings. The order was returnable ,at 4 >'clock, when the marshal of the rommiseion appeared with the bodyy >f Dr. Murray and the habeas <or|)os >roceedings were Centered lnto<^^| he result that Dr. Murray wiu :onditionalry discharged. There were lengthy . : attorneys Ptev? nsoja f ?4 \v. \. Ho Una a. Mi io i gsJBejHr^^ The gist *?rf the situation: Dtr. Mur ?ay refused to turn over vouchers the commission claimed were needed in he work of investigating. The vouch? ers were claimed by Dr. Murray and lis colleagues of the old commission o be necessary for persosjal protoc :ion in case of an investigation, 1 o ng the receipts of moneys paid out. !>r. Murray was willing that copies ?e taken or that inspection be had it the bank in this city, where the vouchers are kept. The legal po? sition was. In the main, set out in the statement of Attorney Stevenson he Tore the commission earlier in *.he lay. that the vouchers were not the property Of the new commission, but svere the private property of the old Hillllllagon for protection, was the main contention. Attorney W. A. Holman. of Charles? ton, claimed for the new commission that the question of expediency ?hou d not enter into the habeas cor? pus proceedings, that the vouchers were necessary for the work of the commission ard that they were pub? lic records. A compromise solution was suggested, which in effect is what the order of the court means. The order will formally be made to? morrow. The proceedings attracted much at? tention. Present were the members of the new commission; two members of the old commission, Dr. Murray m.'i John McSween. of Timmonsville; the Attorney General and the assist? ant Attorney General. In addltto \ to counsel and a number of interested spectators. The afternoon proceed? ings wire halted when it was found that probably the new commission had not been notified of the habeas corpus proceedings. They were no? tified for the night session of the court. STREET FItillT l\ MEXICO. Laredo, Texas. May 30,?Thirty persons are known to have been kill? ed and main were injured at San Luis Potosl, Mexlc >. Sunday in a con? flict between the police and a mob, according to ;.d i i reee'v? I here to? day. The trouble was brought about as the result of a demand for the re? lease >f all prisoners in the jail. The officials refused to comply with the re? quest, whereupon an attack was made upon the police, who returned the fire, killing two men and two women* \t the time of th? riot, it wai feand an sntl-American demonstra? tion would follow and a special train was held In readiness to cam Ameri? can residents from tin city. Ths troops, however, succeeded in queuing the ? ncounter end affording protection to the Ami rlean colony.