The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1893-08-31
THE OISPENSARY LAW.
Attorney General Townsed Says 1t Is
Constitutional,

COLUMBIA, S. c., Aug. 23.-Attorne
General Townsend says that, not with
standing the decision Of Judge Simon
ton, no one has a right to have whis
| key shipped to him in this State ex
Cept that it has the certificate of tht
State dispenser. Whether that indi
Vidual will issue q certificate to a citf
zen for the purpose Of having gallon
or amy other quantity Of whiskey ship.
! ped TO him for his own consumption
! he cannot say. In fact, he does not
! know, he says, whether the law will
| permit TO do 50, but is rather inclined
to think that it will not, us that would
| lhwarL the very purpose Of the law,
| when IS TO force the purchase of whiS-
key from the State. Mr.. Traxler WAS
asked what his construction or the law
Is on that point and he very emphatl-
cally declared that he would not issue
a certificate TO any one to have whiSkpy
shipped TO them anywhere within this
| State except that it be bought from the
| dlSpenSary. lie is at least positive Of
| that much.
On this same lane Mr.. Townsend de-
clareS that any shipment of whiskey,
no matter what the amount or to
Whom Slupp"d, or the purpose for
! winch 1t Is 10 be used, is liable to SeiZ-
llre unless the certificate Of the State
| dispenser Is on ii, and the cOnSignee be
llahlr 10 prosecution for violating the
State laws. Contrary to all this the
general opinion prevails that the de
clSion Ol Judge NimontOn emphatically
declares that any one may ship whis
KEY within tins state for his own use
| without It's being liable to interference
! OY the state COuStablcI. There is one
| - IL, III
| jhat the State authorities are deter
mined to create the impression that no
| rluI"h within tins State has the right
| 10 buy whlSkry except from the State
| barrOOm.
! II has been clearly ST nIrd that section
20 does not prohibit the shipment Of
| "hSkry INTO the state excerpt for the
purposes of sale. Attorney General
townsend says that section : wherein
II relates TO the use of the State dispen-
SrrS, certificate does serve as such pro
hlhtlon. That section after stating /,
what use the State dispenser shall pu'
lhr certificate. continuing says: "Ant
without such certificate any parkaC,
containing liquors wh,cn Shall b
brought into tins stat" or shipped on,
"l the State OF shipped from place t,
plac" within the State hy Anv railroad
; express company or other common
! carrier shall br Regarded rs intrndr,
lol ull!iWlul sale, and lpOu cOuVIrtlO,
thereof such common carrier shah h
liable III penalty Of >J0N for each of
fence" etc. IL no where .,lvS tuvihiu,
V about assignments hy Individual, in
q private use.
= mat Is the section on which the \t
|, loTheN -Hrncrll Townsend bases hi
e. oplnaOn, and that Is lll 1t says rclatlv
. to such shipment. Mr.. Townsend wa
: not IN Il very good frame of mln
"hen seen yesterday. He said that tn
ihtlmatlOn that h" was bIulling was III
lnSlnuation that he was Il falslicr, an,
mat II" did not like. lie reiterated his
opinion OF the day before to the enpc,
lhal Judge Slmun' On'S decision die
not affect The law except as it related
to the arrest of agents, and did not ar-
Feet the seizure of liquor in transit
lhal Is ms honest opinion Of tie de-.
ciSlon and tn" law, and ne wishes to
he s" undrrSLood. lie is not given Io
hlulIng, which he considers is nothing
NOR" than lying.
IN" reasons for the expressed hope
! ol liir dlSprnSHry law standing the final
! TEST ul conStltutlOnalIty when prr,rnt.
cd to the United States Supreme Court
were Summarized briefly TO Il state re-,
porter yesterday hy Mr.. Townsend, AS
lolipWS: My reasons for feeling that
the law Will be Sustained are first. be-
cause Judge NIuNntOn has alrcady
pretty well Indicated his belief that ii
IS, second because our own Supreme
Court has said SO, and third because
Ih" Whlskry IruSt with It's thousands
OF dollars, failed to secure legal talent
that was willing to enter the fight
against il. These three, to my mind
are "NlIlrirmi assurance Of the ConSli.
3Ilt"tonail'y Of the law.-Statc.