# Scott v. Donald (165 U.S. 107)

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United States Supreme Court
165 U.S. 107
Scott v. Donald (165 U.S. 107)
In the circuit court of the United States for the district of South Carolina, on April 25, 1895, James Donald, a citizen of the United States and of the state of South Carolina, in his own behalf, and on behalf of all other persons in the state of South Carolina, as importers for their own use and consumers of the wines, ales, and spirituous liquors, the products of other states and foreign countries, filed a bill in equity against J. M. Scott, M. T. Holley, E. C. Beach, and R. M. Gardner, claiming to act as constables of the state of South Carolina, and all other persons whomsoever claiming to act as such constables or as county sheriffs, municipal policemen, or executive officers, or in any capacity whatever, under or by virtue of an act of the general assembly of the state of South Carolina approved January 2, 1895, and generally known as the 'Dispensary Law.'
The bill alleged that the defendants named had on several occasions seized and carried away packages of wines and liquors belonging to the plaintiff, being products of the states of New York, Maryland, and California, respectively, and imported by the plaintiff for his own use and consumption, and not intended for sale, barter, or exchange by the plaintiff within the state of South Carolina; and that the defendants claimed, in so doing, to act by virtue of the said act of January 2, 1895, which act was alleged by the plaintiff to be void and unconstitutional, and to furnish no protection to the said defendants in their said acts of trespass and seizure. The bill further alleged that the plaintiff had brought several actions at law against the said defendants in the circuit court of the United States for damages caused by the said unlawful acts, which said suits were still pending; that, notwithstanding the bringing of said suits, the said defendants and others, constables of the state of South Carolina, have continued to seize and carry away ales, wines, and spirituous liquors of the plaintiff and of other persons in the state of South Carolina, imported from other states and foreign countries, and threaten to continue so to do. The bill further alleges that protection of the plaintiff's rights by actions at law involved a multiplicity of suits against said constables; and that by said dispensary act the remedy of replevin was denied to the plaintiff in the courts of South Carolina; and that all said constables were wholly irresponsible financially, and unable to respond in damages; and that the plaintiff's constitutional rights, privileges, and immunities were now being, and are threatened to be continually, invaded and grossly violated, without redress, and to his irreparable injury. The bill avers that the said right to import wines and spirituous liquors for his own use and consumption is of the money value of upward of $2,000, and also that the value of said articles intended to be imported from other states and foreign countries by this plaintiff for his own use and consumption, from time to time, and which are threatened to be seized by said constables, exceeds the sum of $2,000.
The plaintiff prayed for a preliminary and a final injunction, restraining the defendants named, and all other persons claiming to act as constables, and all sheriffs, policemen, and other officers, acting or claiming to act under said dispensary act, from seizing and carrying away wines or spirituous liquors imported or brought into the state of South Carolina for his own use or consumption, and from forcibly entering or attempting to search the dwelling house of the plaintiff for any such articles, and from hindering and preventing the plaintiff, or any other person, from importing, holding, possessing, and using the said liquors so imported.
After argument, a preliminary injunction was issued on May 9, 1895. 67 Fed. 854. The plaintiff had leave to amend his bill by adding the averment that the other said persons on behalf of whom he sues, to wit, importers for their own use and consumers in the state of South Carolina of such ales, wines, and spirituous liquors as aforesaid, are too numerous to make parties complainant to the bill, and that some of them are unknown.
Subsequently, the defendants pleaded to the jurisdiction of the court: (1) Because the suit is, in effect, a suit against the state; (2) because the bill presents no question arising under the constitution or laws of the United States; (3) because the bill presents no case upon which the jurisdiction of a court of equity can be founded, there being plain and adequate remedies at law for the injuries complained of; and (4) because plaintiff hath not made or stated in his bill a case to entitle him to the relief prayed for. They also answered, admitting some, and denying others, of the allegations of the bill. A replication was filed. Afterwards an agreed statement of facts was filed. Among the facts so stated was the fact that, in the several actions at law mentioned in the bill, final judgments against the defendants had upon trial been obtained; that notwithstanding said recoveries, and notwithstanding the pendency of this bill, other seizures of wines and liquors imported by the plaintiff and by other persons named had been made; that the plaintiff testified that he intends to import for his own use, from time to time, as he may need the same, ales, wines, and liquors, the products of other states, of the value exceeding $2,000, which are threatened to be seized by the state constables, claiming to act under the dispensary law; that the value of the right of importation of ales, wines, and other liquors, products of other states and countries, is of the value of $2,000 and upward; that the difference in the price to the consumer, like the plaintiff, of such liquor bought at the state dispensary of South Carolina, and that bought out of the state, is about 50 to 75 per cent. in favor of imported liquors; that the defendants, state constables, who have made the seizures, are all insolvent and financially irresponsible, except Chief Constable Holley, who had not personally made any seizure of plaintiff's liquors, except the first seizure.
The case came on to be heard on the pleadings and the agreed statement of facts, and thereupon the injunction theretofore granted was made perpetual. An assignment of errors was filed, and an appeal was allowed to this court.
Wm. A. Barber, for appellants.
J. P. Kennedy Bryan, for appellee.
Mr. Justice SHIRAS, after stating the facts in the foregoing language, delivered the opinion of the court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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