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CHAIRMAN MURRAY WAS
COURT SAYS DISPENSARY BOARD
New Commission May Inspect Vouch
ers Demanded, But Possession
Columbia. May 31.-Arrested thiS
afternoon by order of the State dis
pensary commission, Dr. Wm. J. Mur
ray, of this city, former chairman of!
the commission, was at 10 o'clock to
night unconditionally discharged from
custody by the supreme court. Dr.
Murray had been placed under arrest
in contempt proceedings, and in an
nouneing its decision the court stated
that the commission had exceeded its
Powers in arresting Dr. Murray.
The arrest for contempt came up be
,cause of Dr. Murray's refusing to turn
.over vouchers held by the former
,commissioners. Dr. Murray was not
placed in jail during the afternoon.
Hearing Before Supreme Court.
At 4 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. Argu
-ments being concluded shortl ybefore
10 o'clock, the decision of the court
was announced from the bench by the
'Dr. Murray had been in charge of
'the marshal of the com-mision in
interim betwen the contempt order
and the hearing in the supreme court
-this afternoon, and between the after
noon session and the evening session.
'He was, thum, tec1ically under
Chief Justice Jones, in announcing
-the discharge of Dr. Murray, stated
-that the dispensary commision had
-acted in excess of its powers in ad
judging Dr. Murray guilty of con
tempt. The commission, the chief jus
tice stated, had no power to order the
turning over of the vouchers for mon
eys paid out by the old commission,
abs;olutely to the new commission, the!
'vouchers being quasi public records
-and quasi private records.
May Inspect Records, However.
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 com
maission may order before it the mem
bers of the old commission, who must
bring the vouchers for inspection by
the new commission from day to day,
or from night to night, as the case
may be; the newv commission can in-f
li@ect the vouchers and have them be
-fore them, the original holders there
of being in attendance and present at
ihe inspection. This is the old commis
'lion's right under the statement of
'Chief Justice Jones and is the law as
siready 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 commission
bad not the power, under the statutes..
'o demand the turning over of' the
Lyon Opposes Employing Counsel.
Dispensary matters reached anoth
er crisis incidental to the hearing
about Dr. Murray. Attorney General
Ly'on, made the statement in open
* court tonight that counsel reported by
the new commission, under the-. sta
tutes. have no right to be counsel for
'he commission against his own ad
* 'ice and consent. He quoted the act
of 1907 and the act of 1909 in sup-i
"port of his contention. The attorney
-generai was emphaUte in bringing to
-the attention of the court the posi-'
'tion that now exists as to the em
ployment of counsel.
The commission had anouncedi
the securing of the services of W. A.
Holman, of Charleston, his brother, R.
C~ Holman, of Barnwell, being asso
ciated with him. This was done, as
stated by Mr. Lyon tonight in the
supreme court. and as, already point
ed c-ut in the press, with Mr. Lyon's
-disapproval. He asked the court tof
take~ cognizance of this situation.
The resolution under which Mr.
Murray was arrested is as follows:
iitate of South Carolina, County of
Pichland--Before the Winding-up
Commission of the Dispensary.
'The state vs. W. J. Murray--Resolu-'
tion Adjudging W. J. Murray i
On the 29th day of May. A. D. 1911,
s. rule was served personally upon W.
.1. Murray, the former chairman of the
state dispensary commission, to show
cause why he should not be adjudged
in contempt of this commission. in!
kiling and refusing to deliver certain
Touchers and records in his posses
sion to the present commission, which;
a.re necessary for said commission to
-h;ein the investigation of the affairs
teState dispensar~y, and the said
W. J. Iurray having appeared on the
30th day of May, 1911, in accordance
with said rule and made return there
to, but further requested that the mat
ter be postponed until May 31, 1911. at
12 o'clock, so that he might have an
opportunity to consult with the Hon.
W. F. Stevenson. and, after a further
heai:ng in this matter, it is adjudged
by tais o.)mmission that the said W. J.
Murray 1'as not made a satisfactory
returr. tr. said rule, and he is hereby
Pddzed in contempt of this commis
sion; and it is further ordered that
the marshal appointed by this com
mission do take the said W. J. Murray
into his custody and commit him to
the common jail of Richland county,
there to be safely kept until he deliv
ers said vouchers and records, or be
otherwise discharged by law.
May 31. 1911. Chairman.
Lyon's Letter to Commission.
Attorney General Lyon, in writing
this afternoon, expresed his disap
proval of the action of the new dis
pensary commission in employing
The following is Mr. Lyon's letter:
"May 31, 1911.
"The Hons. James Stackhouse, B. F.
Kelly, T. F. Brantley. F. H. Dominick
and J. V. Wallace, State Dispensary
Commission-iGentlemen: I note in the
newspapers that you have employed
attorneys to represent your commis
sion in further winding up the affairs
of the late State dispensary. I have
no means of knowing whether this
newspaper statement is correct or nol
but I beg to advise you, as I did on
Monday, the 29th instant, when you
asked my approval of the employment
of an attorney or attorneys, suggest.
ing the name of Mr. W. A. Holman, of
the Charleston bar, that I could not
give my approval thereto for the,iea
son that your predecessors in oifice
found it no longer necessary to em
ploy a general attorney for the com
mission, dispensed with the further
services of the Hon. W. F. Stevenson,
who had performed this service, and
relied solely and- wholly upon my of
fice as attorney general for the perfor
mance of the necessary duties In this
respect I also stated to you, which I
again reiterate, that if you present
facts to me which show t.o my satis
faction that it is necessary to incur
this additional expense, that I would
then determine whether the attorney
suggested by you is a suitable one and
in a position to render effective sex'
vice for the State, and approve or dis
approve in accordance with my official
"I beg to advise you again that if
the reports in the newspapers are cor
rect, that you have employed Mr. Hol
man or any othaer attorney, that the
same is without my approval and
against my specific refusal to ap
prove and contrary to the act of 1907,
providing for winding up the dispen
sary and also contrary to the act of
1909, in which the employment of
counsel to represent the State is reg
ulated. I therefore, ask that you kind
ly advise me whether you have em
ployed counsel i.n disregard pf my
refusal to approve of the same.
Yours very truly,
"J. Fraser Lyon,
"I Am Glad"
writes Mrs. Ethel Newlin,
of Liberty Center, Ind.,
''that 1 began to take Car
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and 1 will never forget it.
"I cannot praise Cardui
too highly for what it did
for me. Before I began
to take it, I was very
bad color, suffered great
pain and weighed only
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a good color, do not suffer
and weigh 125 lbs."
The Woman's Tonic
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Ca.rdui is purely vege
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It is perfectly safe and
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taken, as a tonic, for
jnmonths, without any possi
ble harmful effect Try it.
A. GOOD McCORM~ICK grain harves-'
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W. Whit,o. 5-2G~2t I
If You VVant to Sell Land
When a Man Buys a
Farm or a Home
1. The Location
HE MUST 2. The Acreage
IDR (3. The Price
4. The Agency
The first three questions are
Wnet" by our very large list of
farm and city property. The
fourth we ask you to careful
Space will not permit us to mention
but a few of our bargains. If you don't
find what you want below, write for our
farm and city "catalogue".
453 Acres. The price is the only advertisement
needed for the sale of this place. Five miles from
town. Good dwelling and tenant houses. Only
$12.00 per acre.
400 Acres. Well timbered. BESt farm in the
county at the price. We will sell at $5 per acre.
46 Acres. Every foot can be easily cultivated.
Just 5 miles from the Court House. Price $1,700.
The Newberry insuranCe
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E. H. Adl, President. Paul S. HaI:Facre,lManager.
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Telephone-Office, No. 345
IPosta Card ToUs WiRBring An Res. " 2
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ROC HLLBUGiGY COMPANY
NOTICE TO TOWN TAX DELIN
For sale by QUENTS.
SUMMER BRAOTHERS CO.,
Newberry, S. C. - The Hon. J. J. Langford, Mayor o:
the Town of Newberry, has placed ix
B. V. CHAPMAN mynds ections" fo*:r t
ATTORNLY AT LAs,aeat e~Tisi onotf eal
McCaughrin Building persons of the city who have not pait
such taxes that they can save cost b:
N'ewberry, South Carolina coming to me and paying the same a
once. M. M. Buford,
The Herald and News-the paper Sheriff Newberry County.
bhat gives the news while it is news, Sheriff's oma May 25, 1911.
SUMME & HIPP'S
* * * * * * * * * * * * *
* Summer and Hipp Piano Contest. *
* * ** * ** * *** ** *
In the piano contest conducted by
Summer & Hipp, the following is tha
standing of the candidates:
Mary Hardeman, City.. .....11,236
Dosha Franklin, city.. ......84,280
Mary Yocome, Molohon.. ...10,400
Daisy Milstead, Mollohon.. .... 7,000
Laura Lominick, City.. .. . .60,190
Lizzie Earhardt, City.. ......1,000
Lossie Mae Boozer, city.. ....245,224
Willia Mae Wise, Prosperity .. 7,000
Annie Mae Bedenbaugh, Slighs 243,360
Annie 'Singley........ .. 216,147
Vera Boland, Little Mountain. 1,000
Ellie Jacobs, Little Mountain..14,041
Cora Sheely, Little Mountain .. 6,248
Maud Setzler, Pomaria.. ....23,391
Anna Koon, Pomairia.. ......21,180
Helen Hentz, Pomaria, R. F. D. 2,000
Annie Eargle, Pomaria.. ......1,000
Laura Suber, Pomaria.. ......8,141
'Jannie Mae Seasel~Newberry, R.
F. D... .. .... .... .. ....13,954
Joe Caldwell, Newbe.rry, R. F. D. 1,000
Mayme Cromer,,Newberry, R. F.
D.. .... .... .... .....37,892
Chlar1ston, S. C.,
'Cincinnati, New Orleans
A High lass, Moderm,
Combined Baggageland Smold
PMlman Drawing Room
Observation Car, and
Lv. 9.38'a. m.-SUMMER V]
Ar.'i12.50 p. m...COLUMBIA
Lv. 1,00 p. m.....COLUMBIA
Lv. 4.15 p. m.h......SPARTANE
Lv. 6.35 p. m......HENDERSC
Ar. 7.34 p. m..-ASHEVILL]
Lv. 6.50 p. in.....ASHEVILL:
Lv. 11.35 p. m.....KNOXYILI
Lv. 7.10 a. mn.......LEXINGTO
Ar 10.00 a. mn.........CINCIN]
Immediate connectionat L<
ville and St.ILouis, andlat Gin
St. Louis, Indianapolis, Detro
KFor detailedl information
call on nearest Ticket|Agent,
J. L. MEEK, A.G.P.A., W. E. McGEI
Atlanta, Ga. Charlesto
. H. C0APMAN, Y.P.&G.M., S. H. Il
Washingon Dn C. Washi
Novioe Brown, Newberry, R F D 1,000
SKate Henderson, Blairs, S. C.
R. F. D.. ... .. .. .5,260
Rena Whitney, Blairs, R. F. D.. 8,032
Mary Hardy, Blairs, R F. D, ..10,654
SNanny Eison, Blairs, R. F.'D... 1,
Frances Jeter, Whitmire, S. C... 1,000
Winnie Handerson WhitInire... 1,000
Edith Folk, Jalapa.. . . ..235,866
SMary Bgrown, Newberry, R. F. D. 1,4304
Marie Wendt Newberry, R. F. D. 4,40
Essie Wilson..Newberry, R F D..5,20
Willie Riser Chappells,R% .D ,0
NnJ.Atchison, Chappe11s... 9,060
Maggia Livingston, Newberry,
F. D. No. 4.........-1,0
Pearl Schumpert, Newberry, R.
F. D. No. 7.. .. .. .. .... ,20
Maggie Livingston, City .. .. 1,2 Z
Linia Ringer, Pomar, R F D...10,36
Maggie Bobb, City..l.. lr..... 1,000
Ola Brown, Newberry, R. F. D. 1,000
Clara Gibson, Prosperity, S. C...10,604
Eula Ray Sligh, Pomaria, R F D 1,000
Ida Coleman, Silverstreet... ,12162
FLucia Hazle, Colemans, S. 0.. 1,000
Ethel Crumbley, Colemans, S. d,100
Ella Summer, Newberry . 25,126
Ida Glnn No. da 7 ..... ..... -4,42
Magie Glaso,na, it.....18,4
Mar aggle bC.. .... .. ...,00
Bellarmibon.. Prospeity,. C.. .103,604
Iday CLeae, Silverstreet......1,162
Ela ume,Cewery... 2512
Matd Telasw Pap,C .. 846
Lv. 4.5 p.vm
d Te A r. P 4.35I R. .
ON (. T. Ar. 84 .m
NLL.Ar. 80 .m
~NVLLE.~~Ar.11.20 a. m
B (. .)......... r.9.15 a. r.
N ____ Ar.9.00p. n
MATIJ... Lv. 63 .r.
~xigtn fr nd ro Lois
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,Pullman reservation, etc.,
, D.P.A.,A.IL.ACKERt T.PA,
i, S. C. Augusta, Ga.
. ICK, P.T.M., H. F. GARY, C..
ngton, D. C. Washington, D :C.