The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1893-07-12
Downed in Darlington.

- he also SAID t08t L06 FAMOUS w usou
Act Of Congress does not prohibit the
railroads from bringing from without the
State liquor to citizens within the State.
When the sale Of liquor Is prohibited by
State law q citizen cannot sell 1t, but that
it is his property, and the railroads can
deliver It to him. This opinion on the
Wilson Act was giver parentheticaIy
and 1t does not bear upon the case at is-
sue.
Judge Hudson further, decided that
Floyd's appointment was illegal as he
did not have majority Of the freehold
voters upon his petition. The Jngge,
therefore, issued an order restraining the
county board and Mr.. Floyd from open
ing dispensary until further order from
the Court.
This, Of course, is the most important
decision rendered in this State in many
years and will be read with great interest
by everyone in South Carolina. Messrs.
Nettles Il Notifies, who represented the
freeholders, were Sustained in every
point by the decision, which disinterest-
ed lawyers pronounced to be particu--
larly strong and able one. Messrs. Boyd
d Brown represented Mr.. Floyd, and
Assistant Attorney General Buchanan
and Solicitor johnson appeared for the
board of control. -.
The legal fight was a vigorous and
hard fought one, lasting early two days.
Judge Hudson Is now putting his reasons
for the decislon in writing, which will
forward to the Netus and Courier as soon
as filed.
COLUMBIA, July 8.-The talk of the
town has been the unexpected decision
Of Judge Hudson declaring the Evans
dispenssry law unconstitutional. No
one here expected 1t, and it appears that
not even the lawyers Interested in the
case e3 pected so far-reaching decision.
One thing is certain, the decision is not
at all pleasant news to the State authori-
ties, and, they are going to have an ap-
peal made Just as soon as possible in the
hope of overruling the decision.
Ofcourse it will be interesting to know
what Governor Tillman has to say about
the decision. In this case he has shown
very much more than his wonted reserve
in talking about public matters, and
when seen about the decision to-day
said ST want to see the decision before
i undertake to criticise or comment upon
the decision. One thing Ia certain, we
will appeal from the DECISION by the
quickest way possible"
Major Townsend, being in the Govern
or's office at the time, was asked by what
means the case would be brought up on
an appeal, and he replied that no decision
had yet been reached, and that it depen-
ded upon the text Of the decision as to
what course would be pursued. Major
Townsend is of the opinion that the peo-
pie want the dispensaries and that they
are from now on going to be regularly
established.
It will be interesting to know what some
of the leading lawyers bave to say about
the decision. This morning one of the
,ablest lawyers and an Ex-Judge and ac-
tive practitioner said to me-: "1 have all
along regarded the dispensary bill as a
usurpation of power on the part of the
General Assent bly,, The claim, that it
was passed in the exercise of the police
power, is mere pretext, and whom the
claim Is brought to the test Of judi
cial arbitrament they cannot in my judg-
ment prevail. The ground upon which
the bill has besn passed is based upon
the power of the State to care for the
moral and the social welfare and health
of the country, apa 1t is simply q grim
Joke to say that the State oap pr ohibit
private person from selling whiskey
when in Che same breath it provides that
the State may do that very selfsame
thing. It is simply law 10 create a
monopoly in uerohsndisable articles in
order 10 raise revenue for the State, and
1t ia bold use of authority to enforce
it as an exercise of the police power.
This I take to be the meap}pg of Judge
Hudson's opinion, and think IT Is cor
rect"
The exact significance of Judge Hud-
sons opinion Is not known, and there
has been all kinds OF speculation as to
liquor men. An Ex-Attorney General
and one OF she most distinguished law.
yers in the State to-day said that the de-
cision of Judge Hudson was binding
only In the case heard until it vas re-.
versed by the Supreme Court, if reversed
at all.
"Is it a precedent binding upon anoth-
or Circuit Judge7"
GNo. Judge Hudson's decision only
decides this case apd does not affect any
other case except for the yalne OF the ar
"What Will be the effect OF the law upon
dealers in tho county,"
s'rhe law having been declared uncon:.
stitutional would very probably lead
Judge Hudson to order violation Of the
particular law to be of no force, and he
would probably direct the jury to acquit
any man Of q violation Qf the law, pro-
Yided he was protected with license"
He went on to say that in conformity
with his opinion Judge Hudson would
until otherwise ordered by the Supreme
Court. hold the dispensary law to be
unconstitutional, and it would amount
to the same ss If it had never been pass
ed. This would restore Darlington, or
any other county in which he might
make ruling, to the same condition as
existed prior TO the passage of the law,
and mandamus might be secured to re-
uuire the county treasurer to issue Ii
cense. OF course Judge Hudson's decis-
ion might be reversed by other Judges in
the State, and will not necessarily be OF
force In other counties of the State where
the Judges may not be of the same opin-
ion as Judge Hudson.
twill hardly be very long before Sim
liar proceedings are taken before other
Judges, and it may not be very long be-
fore the State dispensary will find itself
much more crippled than at present
Nevs and Courier.
CHARLESTON, S. c., July s.-An order
has just been received from the clerk Of
the United States Circuit Court, restrain
ing the Railroad Commission of South
Carolina from enforcing the provisions Of
their latest schedule OF rates on liquor.
Hugh l.. Bond, Jr., counsel for
the Receivers Of Richmond and DAN
Vile Railroad, went before Judge
Hugh L. Bond, at Baltimore, and pre-
sented petition setting forth the cir
cumstanees of the case, and praying for
8 temporary injunction and rule to show
cause.
The petition is quite lengthy, giving
complete history of the action Of the
railroad commission in the matter. The
principal grounds on which the e.petition
is based are that the commission con-
strues the Act of the Legislature of South