The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1893-07-12

and Sections II and Is of the Deciara-
tions of rights of tide Constitution of
South Carolina, designed 10 secure 10
every one accused of crime the right OF
trial by jury, in which he shall not be
compelled to give evidence against
himself.
"It violates Section s, Article l, of
the Constitution. giving to Congress the
power, among other things, to 'regu-
late commerce with foreign nations,
and among the several States, and
with the Indian tribes The decision
in the original package cases was that
such packages of liquor, large or small,
transported from one State to another,
could be sold in an unbfoken state IN
spite of prohibitory laws. OF course
this rendered the prohibitory law of
State virtually pugatory. This led to
the act Of Congress of 1890, known as
the Wilson bill. Under this law the
common carrier can transport the
packages and deliver the same to the
consignee, unmolested by State laws,
but when received by the consignee toe
goods are then subject to State prohibl-
tory laws.
ut is usurpation of power, perver-
sion OF the ends, aims and principles Of
q republican government, unconstitu-
tional, null and void, except insofar as
it prohibits the sale ofintoxicating liq-
uors within the State. In this prohibi-
tory feature alone is it justified as an
exercise of police power; but when 1t
proceeds to transfer the traffic from the
citizens to the Stats exclusively, it is
divested Of every feature Of the police
power, and gives to the traffic in intox-
icating liquors a sanction, a dignity
and magnitude it never before pos
eSessed."
STILL ANOTHER INJUNCTION.
Special to Columbia Journal.
BARNwELL, s. c., July l0.-On Sat
urday, the 7th instant, Mr.. A. S. Far
row, of the firm of Howell, Murphy &
Farrow, of Walterboro, came to Barn.
we'll and got temporary injunction
against the Dispenser at WATERFORD.
The State is to show cause in four days.
Judge Aldrich was in Barnwell at the
time, having come down from Aiken
to preside at the sessions next week.
THE DIsPENsARY DEFIED-FIRsTSH
MENT OF BEER TO THIS STATE.
Special to Columbia Journal
GREENvILLE, S. c., July 10.-The
first shipment of beer since the Evans
law went into effect came this morning
over the Richmond & Danville railroad
from the Robert Portner Brewing Com
pany depot, Charlotte, consigned to g.
J. Pride, Jr.,~m manager for the company
in this city.
No efforts were made to stop it while
en- route or since its storage in the COM
pany's warehouse, on Washington
street, in this city.
THE SUPREME HAS NOT DECLARED
THE LAW CONSTITUTIONAL.
Especial to Augusta Chronicle.
COLUMBIA, s. G., June 10.-The
press dispatch sent out from this city
declaring that the decision of Judge
Hudson concerning the dispensary law
amounted to nothing, as the Supreme
Court of this State had, in in.the Ches-
ter case, last May, decided that that the
| law is constitutional is entirely erro-
neous. Only in certain respects urged
fby council was this the case as, for in
stance, the objection relating to the
mandate that ''every act shall relate to
but one subject. and that subject must
appear in the title thereof" The court
decided that in such respects the act
was constitutional, but went on to say
that it would not undertake to consider
"whether the act commonly known az
the dispensary act contains other fea-
| lures not applicable to these cases in
! conflict with the constitution of this
State; our judgment must be con-
sidered as to these issues and none
otherU