The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1893-08-30
Judge SlmOntDn'S Decision.

COLUMBIA, S. C., August 2222.-Iho Ad-
luinistration does not seem to think that
there is any harm in Judge SimonLon j
decision or that it is the beginning of the
downfall of the law. They have all along
thought that the law was I'M npreSnable,
and even an opinion from Judge Simon
ton is thought of so little importance that
they all claim that no harm can come out
Of 1t. Of course the decision will be
appealed from, and Attorney General
Townsend says that it will be carried to
the Supreme Court with others which
will perhaps be ready in short time.
One thing is very curious, and that is
how differently the opinion'is viewed in
its effects upon the dispensary system.
There are some who regard it as very
serious blow to the system, and that it
has opened the way for men to get all Of
the liquor that is wanted for personal use
and without any interference whatever.
Attorney General Townsend, however,
takes very different view Of the effect
is only upon the question of the right of
the State to arrest railroad agent under
the provisions of Section 25 of the law.
No other point in the law has been
decided, and the only effect of the
decision, if sustained, would be to pre-
vent the State from arrestirg agents who
handled the shipments of liquor. The
law, he thinks, provides plenty of other
valid grounds upon which the importa-
ton of liquor can be stopped. He thinks
that there is nothing in the opinion that
would prevent the States constables from
seizing shipment OF liquor, no matter
for what use 1t was intended, if it did not
bear one of the stamps provided for in
the law. The package, he thought, could
be seized and confiscated to the State im-
mediately upon its ARRIVAL" and the
State could in that way prevent the ship
ment Of liquor into the State, except when
consigned to the commissioner. There
was no way, he thought, by which the
commissioner could be compelled to give
the stamps which were required, in his
opinion, to pass packages. He insisted
that the opinion affected no other part of
the law, excepting the clause which re-
ferred to the arrest of agents.
There are, however, others who are
somewhat inclined to take different
view OF the subject. Commissioner Trax-
Ter, for instance, thinks that the decision
might affect the income of the dispensary,
but that otherwise it will have no result.
It has no affect he thought upon the
restrict the sale of liquor as originally
intended.
Another State House officer took very
gloomy view Of the situation and thought
that the opinion would have most dis
astrous effect upon the dispensary law.
fit did not already decide that there was
nothing in the law th at would prevent
the interference with liquor shipped to
an individ' al. Judge Simonton's opinion
would, he thought, lead to that result.
It was but the beginning Of that phase OF
the objection to the law. He thought
that if Judge Simonton's opinion did not
already prevent any interference with
liquor shipped from outside of the State
it was mere question of time as to when
the State would have its eye completely
blaokened on that point. He argued that
if the State cannot interfere with ship
ments under Section 25 and arrest agents
for violation of it's provisions it could not
do so at all.
On Law Range this morning there were
three lawyers in one of the offices discuss
ing Judge Simonton's opinion. They
agreed that under that opinion there was
nothing to prevent the shipment Of liquor
into the State from neighboring State,
and that the State could not interfere
State, or upon its arrival at its destina-
ton. They went so for as to say that a
party might become an agent for a liquor
house outside of the State and with inn
punity receive orders for goods to be
shipped into this State. The goods, they
said, could be shipped c. o. D. or the
bill might follow. The agent, they
argued, had nothing to do with the collec-
tion of the money, the delivery Of the
goods or any part of the sales, and con-
sequently nothing could be done with
them under the provisions of the dispen-
sary law, and they further suggested that
this would become quite popular
scheme.-NeDS and Courier.