The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1893-03-09
THE LAW ALL RIGHT.
THE EVANS LIQUOR LAW BEFORE
JUDGE sIMoNTON.

An Ex-Psrte Application for an InJuno-
| tion-Judge Simonton Decides that tho
Law Is sConstItutlonal-rhe Ifuuor Man
In tho soup.i
CHARLESTON, March 2.-The first
gun Of the liquor war was fired In the
United States Circuit Court yesterday
morning. On the oath Of February
Messrs. George +. Won Kolnitz and
Thomas w. Bacot filed the petition.
The complainants in the case are A.
and E. Cantini, two Italian subjects,
engaged in the liquor business here.
Their lawyers are II. w. Bacott and q.
f. VonKolnitZ, members of the bar,
neither of whom, however, have been
retained by the State Liquor Dealers
Association. The matter was kept very
quiet, and nothing was known of the
case until the decision was filed late
this afternoon.
Judge Simonton's decision is very
exhaustive. The following Is a sum-
mary or the points made by the COM
plant and the rulings of the court
thereon:
First. 1t Is alleged that the State dis.
pensary act is In violation of Section
H., Article l, Constitution Of the Unit
TED States, fOrbidding States, with
out the consent of Congress. to
levy any imports or duties on Imports
or exports, except what may be abso.
lutely necessary for executing Its In
spection laws.
The court rules that there Is no pro-
vision of this act open to this objection.
Second. That the act is In violation
Of Section 2, Article 4, and also tho
fourteenth amendment, which declares
that no State shall make or enforce any
law which shall abrid8e the privileges
or immunities of citiZeds of the United
States.
The court declares that there is no
inherent right In citizen to sell intox-
icating liquors by retail; that the right
to sell Intoxicating liquors is not One
of the rights growing out of citizen.
ship Of the United States.
Third. The complaint charges that
the dlspensary act is in violation Of
the fifth amendment Of the Constitu-
tion of tho United States, which for
bids the taking of property without
due process of law. and the taking Of
private property for public use with
out just compensation.
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 entitle the owner Of such property
| to compensation from the State. That
the destruction of property in the ex-
erclse OF the police power of the State,
| when such property Is used in VIOLA
ton or law in maintaining a public
nuisance, Is not the taking Of property
for public use, and does not deprive
the owner of it without due process OF
law.
Fourth. The complaint alleges that
the law Is In violation of the Constitu-
tlon or the State, which requires that
every act or resolution shall relate to
out one subject, and that shall be ex.
pressed in its title.
The court is very positive in its rul.
Ing on this subject. 1t says it Is a set
tied principle of parliamentary law in
thls State that 80 long as the enacting
words remain In bill 1t can be amend.
ed TO any extent, even by striking out
all up to the enacting words and IN
sertlng other words as a substitute.
Inc constitution does not REQUIRE
every word In an act to be read three
separate times on three separate days,
Ii IL dld, ne important bill ever became
or can become a law.
EllLi. Lilo complaint urges that the
plaintiffs are Italian subjects, and are
protected by the treaty, article 2 of
which gives them the liberty to 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 of
the country. Article gives them CON
slant protection and security for their
persons and property and the same
rights and privileges as are granted to
the natives.
Judge Simonton says, under these
articles the cOmplainanus have the
same rights as citizens of the United
states, and it would be absurd to saw
hat they had greater rights. The RIGHT
% sell Intoxicating liquors is not right
Inherent in citizen, and is not one of
The privileges OF American citizenship.
1t Is not within the protection of the
fourteenth amendment. 1t Is within
The police power, which is a right pre.
served by the State that has not been
delegated to the general government
In It's lawful exercise the States are
absolutely sovereign. Such exercise
cannot be affected by any treaty stipu.
State.