The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1893-03-08
OUT ON FIRST ROUND.
The Liquor Men Have no FOOthold
In COurt-Judge SimOnton Main.
tains the ConstItutionaIiuy of the
Dispensary-The Liquor Men De-
feated Oh Every Point.
The State.

| Charleston March lin the United States
District Court to-day the question OF the con-
additionally Of the State liquor diSpensary
law was argued and disposed OF by Judge
Simonton.
Cantini two Italian subjects, engaged In the
iluuor business here. Their lawyers are T. w.
Bacot and q. f. Von kolnitz, members OF the
tained by the State Liquor Dealers Assocla-
ton. The matter was kept very quiet and
nothing was known OF the case until the de-
cision was filed late this afternoon.
Judge Simonton's decision Is very exhaus.
tive. The following Is summary of the
points made by the complaint and the rulings
of the court thereon:
First. II Is alleged that the State dispen sa.
ry act Is in violation OF Section 10, Article l.,
Constitution OF the United States, fUrbidding
States, without the consent OF Congress, to
levy any imports or duties on imports or ex.
ports, except what may be absolutely neces-
sary for executing It's inspection laws.
the court rules that there Is no provision OF
this act open to this objection.
Second. That the act is in violation OF Sec
tion ., article 4, and also the fourteenth
amendment, which declares that no State
shall abridge the privileges or immunities OF
citizens of the United States.
The court declares that there Is no Inherent
right In u citizen To sell intoxicating liquors
by retail that the right to sell intoxicating
liquors Is not one Of the rights growing out or
citizenship of the United States.
Third. The complaint charges that the dis
pensary act Is In violation Of the fifth amend
meut Of the Constitution OF the United States
which forblds The taking Of property without
due process Of law, and the taking Of private
property for public use without just compen-
sation.
To this the court rules that acts done In the
proper exercise Of governmental powers. and
not directly encroaching on private property,
although their consequences may impair its
Use, do not enttle the owner Of such property
to compensation from the State. That the de-
struction OF property In the exercise of the
police power Of the State, when such property
IL used In violation OF law In maintaining a
public nuisance, Is not the taking of property
for pnDlic uSe and does not deprive the owner
Of 1t without due process OF law.
Fourth. The complaint alleges that the law
Is In violation of the Constitution Of the State,
which requires that every act or resolution
shall relate 70 6rt one 1s subject and that shall
The court Is very positive In It's ruling on
this subject. 1t says 1t Is settled principle
OF parliamentary law In this State that SO long
as the enacting words remain in a bill 1t can
out all up to the enacung wordsand inserting
other words Us q substitute. The Constitution
does not require every word In an act TO be
read three seperate time on three seperate
days. II 1t did, no important bill ever be-
came, or ever can become, q law.
Fifth. The comp laint urges that the plain
titfs are Italian subjects, and are protected by
the treaty, article 2 of wnicn gives them the
liberty u travel In the States and Territories,
TO carry on trade, wholesale and retail, TO hire
and occupy houses and warehouses, ETC., upon
the same terms as the natives or the country.
Article gives them constant protection and
security for their persons and property and
the same rights AMI privileges as are granted
tO the natives.
Judge Simonton says, under these art
icles the com plants have the same rights as
citizens OF the United States, and 1t would be
absurd to say that they had greater rights.
The right TO sell intoxicating liquors is not
a right Inherent In citizen, and Is not one OF
the privileges Of American citizenship. 1t Is
not within the protection OF the fourteenth
amendment. II is within the police power,
which is a right preserved by the State that
has not been delegated TO the general govern
nenL In It's lawful exercise the States are
be affected by any treaty stipulations.