The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-07-09
HUDSOYS RULING TOO LATE
The Supreme Court Had Already Held
The Law Valid.

The Decision Therefore Not as Favor
able to The Liquor Men as First Sup
pOsed-The Judge Pointed Out That
The State Was Creating Monopoly
Against it's Citizens Instead Of
Regulating The Traffic.
Columbia, S. G., July Investigation
shows that the developments in the dis
pensary legal fight are not as favorable
to the liquor men as was thought last
night. J. B. Floyd was appointed dis
penser for Darlington county. Judge
Hudson granted an injunction restraining
him from opening a dispensary on the
ground that his petition did not contain
the requisite number of names and that
the dispensary law was unconstitutional.
The latter ground of the decision does
not amount to anything, for the state su.
preme court has already decided that the
law is constitutional, which overrides
Judge Hudson's decision as to consti-
tutionality. The law provided that APP
peals from decisions ofrthe county boards
Of control shall be had to the state board
of control. The state authorities will ap-
peal to the supreme court to set aside the
decision of Judge Hudson with regard to
the validity of Mr. Floyd's appointment
and compel the plaintiffs to carry their
suit as required by law, TO the state board
Of control Suit has been brought in
Richland county on the same lines as the
suit brought in Darlington county. The
hearing of this case has been set for next
Tuesday.
THE DECISION BRIEF.
Judge Hudson's decision in the Darlin @
ton case was brief IFS said he would file
his reasons later, An injunction was asked
for on the ground that the dspensary law
was unconstitutional and that Mr. Floyd
did not have a majority of the freehold
er voters upon his petition for appoint
meut. The main point upon which Judge
Hudson decided the law unconstitutional
is that the state takes the business from
individuals and creates a monopoly in it
for itself that prohibitory laws are con-
stitutiOnal, but that the Evans bill is not
such law, but on the contrary is a law
for revenue or profit.
THE WILSON ACT.
He also said that the famous Wilson act
of congress does not prohibit a railroad
from bringing from without the state
liquor TO citizens within the state. When
the sale OF liquor is prohibited by a state
law, citizen cannot sell it, but that
deliver it to him. This opinion on
the Wilson act was given parenthetically
and does not bear on the case at issue.
Judge Hudson further decided that MIR.
Floyd's appointment was illegal as he
did not have majority of the freehold
voters on his petition. The Judge therefore
issued an order restraining the county
board and Mr.. Floyd from opening a dis
penSary until further order of the court
THE FREIGHT RATES on TrorrOpq
Charleston, July S.-An order has Just
been received from the clerk of the
United States circuit court, restraining
the railroad commission of South Carolina
from enforcing the provisions of their
latest schedule of rates on liquor. Hugh
l.. Bond, Jr., counsel for the receivers Of
the Richmond and DanVille railroad, went
before Judge Hugh L. Bond, at Baltimore,
and presented petition setting forth the
circumstances of the case, and praying
for n temporary injunction and rule to
show cause. The petition is quite lengthy,
giving complete history of the action Of
the railroad commission in the matter.
The principal grounds on which the petit
ton is based, are that the commission
construes the act of the legislature Of
South Carolina Of December, 1892, to
make the freight rates established by the
commission stand as fair and reasonable,
without allowing the roads to attempt to
convince the commission TO the contrary;
that the action Of the commission is null
and void, inasmuch as the law, if con-
strued as they interpret it, will be vio-
lation of the fourteenth amendment to the
Constitution of the United States, and
that the fixing Of these unreasonably
low rates on liquor in glass packages, as
the dispenSary ships it, is an unlawful
interference with the property in the
hands of the receivers of the court.
Judge Boyd issued the order prayed for,
and the hearing Of the case will come of
at Greenville, August Z.