The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1893-04-12
Hon to Meet the Evans Law.

How to Meet the Evans Law.
It was rumored all over the city yester-
| day that the eminent counsel retained by
| the State Liquor Dealers Association had
united in signing brief which in effect
advised the liquor men against whole
sale resistance to the State dispensary
law, which goes into effect on the first OF
July.
It was known that meeting of the
| executive committee of the Association
was to be held last night, and Reporter
Capt. B. Mantone, the chairman, and
asked tor copy of the opinion for publ
| cation. This Capt. Mantone declined,
saying that such action on his part would
| be unauthorized as we'll as improper.
He said, however, that he had no objec-
ton to stating that counsel had advised
the liquor dealers, in view of the renal
ties of the Act, which aimed at tt :. con-
tiscation Of the property invested in the
business, and which involved so much,
that the Act should be generally observ-
ed, except in 30 far as might be actually
necessary to test its cOnstitutionality.
This much Is official. 1t was learned,
however, aliunde, as the lawyers say,
| that the opinion was read at the meeting
| of the com mmittee last night. It appears
that the counsel had a conference on
| Tuesday, when the opinion was read to
them and signed. The counsel in the
case are Messrs. Simons, Siegling d. Cap
pelmann, J. N. Nathans and Mitchell u
Smith, of this city, and Mr.. Jos. Fl. Earle,
| of Greenville, who was in the city on
Tuesday for consultation. The conclu-
sion to which the counsel arrived is sum-
med up in the following:
/. We advise your committee, and
| through you your associates, to prepare
| to meet the statute as valid and constitu-
tional and that on and after the 1st Of
July. 1893, it will be enforced.
2. In view of the heavy penalties and
punishment prescribed by the statute we
cannot advise you TO continue selling
after the 1st of July, 1893, but on the
terms OF the statute until it has first been
| adiudged invalid.
5. TO test the question OF the co?stitu
| tionality of the statute on the point of
Federal prohibition or discrimination we
advise that proper proceedings be taken
| to test that question, but that pending
such proceedings and the determination
| thereof the provisions OF the Act be care
| fully observed.
The statute, so far as we can see, can
| only be tested after the 1st of July, 1893,
| by the attempt of the State or any of its
officers to seize and sell liquors manu-
factured in another State, and exposed
for sale here by some one who has OBJ
tanned and holds license to sell liquors
| for the whole year.
From this it would appear that the law
| will not be contested till it is put into
operation on July next. That on that
date some one OF the liquor dealers who
| has license for one year from County
| and city will be selected to make.a test
case, and that the others will close up
| their business. Should the State bar
keeper "seize or sell liquors manuiac-
tured in another State and exposed for
| sale in this State by some one who has q
license for the whole year" that case will
be made test case, (for the United States
Court probably and the matter will be
held in allegiance till the questions are
settled. This will, in the usual order of
things, and supposing it is carried to the
United States Supreme Court, take a
year, and possibly two years.
The announcement that the Governor
and the chief State cocktail dispenser had
gone West for the purpose of stocking
the State bar room, published in the
Nesys and Courier yesterday, was the
subject Of good deal of comment and
criticism in the city. The progress OF
the Governor as buyer of whiskey and
beer in the wild and woolly West for the
consumption of our own people at home
will be watched with interest.
A commercial traveller, who travels
for some Of the leading liquor houses Of
the West, expressed the opinion that the
Governor and the chief State bartender
would not find it as easy thing to make
deal as they seemed to think it would
be. Asked to explain this, he said it was
simple enough. He doubted whether
any responsible whiskey house would
sell to the State even for cash, which he
said the State didn't have. In the first
| place, he added, you can't sue the State,
but in the second place it wouldn't be
worth while to sell the State liquor for its
bar room, because tbs dispensary law
couldn't last more than year or so at
the outside, and when it was repealed or
became obsolete and unexecuted, and the
mon who had been run out Of their busi-
ness by tho State resumed, they would
which had aided the State in crushing
them out
The question OF the bar rooms, continu
ed the commercial traveller, is Of course
secondary one. Of one thing you may
be sure-the blind tiger will como to
South Carolina to take the place Of the
bar room. It is the city and the County
that will suffer from the loss Of revenues.
The greatest disaster will occur to the
Wholesale dealers Of the cities who will be
driven out of the business. The whole
sale grocery trade Of Charleston amounts
to about $40, 900, 600 annually. That figure
includes the wholesale liquor business.
What is the proportion7 l can't tell you,
but think you will find that when the
News and Courier begins to make up it's
annual review of the trade and commerce
of the city on the lat of September it will
have to knock OF several million dollars
from the total trade.
Major Mantone would not say anything
for publication last night as to what the
Association be represented would do
under the circumstances. It is inferred,
however, that the advice Of counsel will
be followed to the letter, as it was very
generally understood that their opinion
would be taken before any definite line
Of action WAS agreed upon. It looks,
therefore, as if a good many people will
be thrown out Of employment on the lst
of July, and as if a good many places of
business would be offered for rent
Ne1s and Courier.
Written Confession or o D0t0r.
CLARKsvILLE, Tenn, April 8.-There