Show Will COLLECT i AND PAY BILLS i South Carolina Dispensary Commission Has Necessary Necessary Necessary sary Legal Right ight SUPREME COURT OPINION DECISIONS OF DISTRICT AND CIRCUIT COURTS OVERTURNED Washington ashington April 5 The famous South Carolina dispensary case Involving the th disposition of or about of dispenser funds held by b the th state dispensary com corn commission mission was decided by the supreme court of the united States today in favor faor of o the commission the tile opinion being by Justice White bite The case was wa instituted by b th the Wilson Distilling company and the Fleisehman company in the United States circuit court for the district of South Carolina to collect debts contracted by b the in the of liquor in the state ISK 1 lS to 1967 while white the dispensary r was in vogue The commission consisting of W J T Murray John McSween and andel Aver el was appointed in 1997 when the state resolved l to go 0 out of tic the liquor This commission v vr ag empowered by the legislature to collect all ali moneys moner due the state and anti py all of its tt It debts debt At the time the suits ware were Inset instituted about had been collected and there was still about due Bills of the Dealers Bills Bill for something over eo were presented by liquor dealers and when WireR the commission declined to pay pey them ae as promptly a as the creditors considered i II H desirable dt they brought suits for fur their col collection collection lection In their petitions ns In the circuit court urt they alleged that the members of the th commission had entered into a eon con conspiracy to bold hold the funds for their own selfish purposes in support of which as assertion assertion assertion they y declared the th money was de deposited posited ted in banks in lit which members of the were officers or stockholders On Oil the other hand band the commissioners al alleged a coalition among the creditors to collect excessive sums and asserted they had only taken tak n the necessary precaution pre of o investigation before making payment of an any liabilities that might be justly due Resisted the Suit The commission resisted re the suit on the ground that thai It was proceeding against the state itself and that the commission was wasa a II court furt and therefore not BOt subject to injunction in injunction injunction junction The circuit court overruled both bothof bothof bothof of thee thede pleas placed the dispensary funds in the hands ands of a receiver and granted an n injunction against the com corn commission mission minion prohibiting it from disposing of the funds in its possession This opinion was as affirmed by the United States circuit court of appeals for the Fourth circuit The decision of that court was today re reversed reversed versed by the supreme court |