The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1893-07-20

property for public uss by driving the
citizen ont of his place Of business and
erecting Il State barroom "at the old
stand"
The act violates the Fourteenth
Amendment of the Constitution Of the
United States. and sections |, %, 23 and
I'll of Article Of our State ConStltu.
tion. styled the Declaration Of Rights.
1t deprivpS the people of the right to
pursue lawful and lucrative branch
of trade, and transfers to the state gov
| erument Il monopoly therein. rhe
mnnlteSt purpose Is not to limit, regu-
la'o or suppress the liquor tralli :, but
TO raise for the State government rev
enue from this unprec ad"nted mOnrpo'
| ly; ana hence the act is void OF rV-ry
element of legitimate police
IU violates The Fourth Amendment
Of the Constitution Of the 'nlie |
states. AMI section p, Article | nt the
| Constitution of the State Of SDuth Car.
olina, framed to protect the people in
their persons, houses, pap arS aud cI-
| tnCtS trO II unrp lSNliDlt $ nar"hc; and
| seizures.
1t viol'rS tn" Fifth Am end ne 1T to
the Constitution of the United States,
ald Sections II AMI l3 of the D"cllra
tiOnS of Rights OF the Constitution Of
! south C1rOllnH, designed to secure to
every one accused Of crime the rlght OF
trial by jury, IN whicA he Shall not be
compelled u give evidence against
himself.
1t viOl ties Section s, Article |, of the
Constitution, giving 20 Congress the
| power, among other things. ITO rrgu-
late commerce with forelgn maliuuS.
and among the several States. and with
The Indian tribes. The drclSinn in the
!,
packages of liquor, large or small.
transported from one State to another,
could be sold in an unDroken state in
spite OF prohibitory laws. or course
| this rem Tered the rrOhibitOry Inv of Il
state virtually nugttury. This led 10
the act Of Congress Of 1870, known a,
the Wilson bill. Under this law the
common carrier can transport the
packages and deliver the same to the
consgnee, unmOlestrd by State laws,
bat when received by the conSignee .
the goods ethen subject to State pro.
hlbitory laws.
It's uSurpati0n Of power, Il pervcr-
sion OF the ends, aims and principles Of
Il republican government, lnc0nStltu-
tiOnal null and void, except insofar as
1t prohibits the sale of Intoxicating liq-
uOrS within the State. In this prohib.
ltory feature alone Is 1t justified as an
exercise OF police power; but when 1t
proceeds to transfer the trallic from
the citizen to The state exclusively, 1t
is dlVeSted of every leaturA OF the 20
lice power, and gives to the traffic in
| Intoxicating liquors a sanction, a dig
| lllty and magnltud IL never before pos
| SeSSed.
It Is more IL is il TROJAN horse
brought into the State under disguise
OF pretended good, Dut pregnant with
elements, doctrines and principles dan
gen Gus to the liberties of the people,
and which, logically pursued in the
same direction, VIII lead t. the over
throw OF liberty. Because, should this
mammoth monopoly be upheld by the
courts, and the revenue desired there.
from should not bp satisfactory, what
is to prevent the Legisl iturc from next
SeiZlng upoa the ira ie in drugs AMI
medicines: And then gradually take
away from hepeOpln their NOS lucra-
tive branches OF ira le aud commerce.?
The lnalienable and Fundamental
rights Of the people referred to above
constitute the roofs, the fibre and the
body Of the great tree of liberty which,
Watered by the blood of our ancestors
Tor generations and centuries, has
grown to proportions stately, Symmetri-
cal and beautiful, upon which our Con.
StltutlOn has been engratted, and has
unfolded in its beauty as the rose upon
its stalk. Oar people cannot afford to
glrdle and destroy this tree Of liberty
tor the sake OF Il revenue from IL mOnOp-
oily by the State of the trallio IN intOXl-
eating liquors.
These are my reasons for granting
the Injunction. Let this and AL the
papers be filled with the order.
J. II. HUDSON,
JulyS. 1893. Judge lth Circuit.