The times. [volume] (Richmond, Va.) 1890-1903, 1893-07-09
LEGAL BATTLE WELL ON
NOW IN INJUNCTION x9Hrys,
RATLWAY COMMfssyoy
Restraining IL From Enforcing tho t....
Schedule of Rates on Liquor-Lisuo,
Dispenssry Fight.

----------
CHARLESTON. s. C., July ga,
der has been received from the cl.,k
the United states Circuit Court 60,
Ing the Railroad Commission a. So,
Carolina from enforcing the provlsio,s :.
their latest schedule Of rates on llono.
Hugh l.. Bond. Jr.. counsel D, Il,
receivers Of TIE Richmond and Dauy,n.
railroad, went before Judge Hpys
Bond. at Baltimore, ora presen,os
petition setting forth the clrcum,,.-..
OF the case and praying Tor fo,,....
Injunction and rule 70 show cause
Inc peuuon IS quite lengthy giving
railroad company IN the matter a .-s
principal grounds on which ~ ,,.
Is based are that the CONNECT. ..'la
strues tho act ot the Lceislatrrs 10
carolina OF December 1902. fo ma. ~
Teight rates established by the ~-,,..' '"'
sion ftnnd az fair and rtas0rabl. ,,,.
out allowing the roads % aff.,,rt
convince tho commission To- tb.
tiary mat the action OF the con,r,f....'
is MN ana vcidl inasmuch as The lo,, I,
construed rs they interpret H. Win d.
VOCATION OF the 18th amendment ., -
Cons tuition Of the United States. -
that The liking OF these unrale.r..
low rates on iiquor IN glass packages ns
the dispentary ships 80 Is an anlavf>
Interference with the property An 49,
hands ~ ihe receivers OF the court
Judge Bond issued the order rr,,.t
Tor, and the hearing of the cas-, vT
come OF az Greenville August 7th
COLUMBIA. ). c.. July s-invastig,.
ton shows that he developments I, ,s.
dispensary legal Eight are not rs fayo-s.
bic 70 the liquor men as was .h4s,t.
l.st night. Floyd was Appointed is.
Terser fer Darlington county. judge Ha1.
son granted an Injunction restraining him
from opening dspensasy on the eronrs
hat his petition did not contain M.
requisite number OF names and tina, ,hs
fispen airy law was unconstitutional IN,
latter ground OF the decision does no,
amount 70 anything. Tor the State Sa.
preme Court has already decided that he
law is constitutional. which overrlles
Judge Hudsons decision as 10 consiitg.
tlcnality. The law provides that appeals
from decisions OF the county board =
control shall be had 10 the State b0arl
Of control, so that the state authortls.
viii appeal 70 the supreme court 60 set
aside the decision Of Judge Hudson uh
regard to the validity Of Floyd's appoint.
ment and compel the plaintiff 70 carry
their suit as required by law. 90 ue
State board OF control. Suit has been
brought in Richland county on the same
lines as the suit brought In Darlington
The hearing Of the case has been
set for next Tuesday.
The Railroads Not Prohibited
CHARLESTON. s. c.. Jaly 8-The Ola
dealers are much encouraged Boy judge
Hudson's decision at Darlington that the
act was unconstitutional, Tor
the reason that by taking the business
away from individuals the state has cree
ated n monopoly for itself
Incidentally Judge Hudson decided that
railroads are not prohibited from bring
ing whisky into the State from outside
States: that when the sale of liquor BE-
prohibited by the State lazy n citizen
cannot sell II. but n 50 is his property the
railroads can deliver 81 10 him. Judge
Hudson further decided that y dspen-
sary could not be opened ar Darlington.
because n person named as q dispenser
bad been Illegally appointed, not having
obtained n majority Of the freehold voters
II the town as required by law.
judge Hudson belongs 10 the anf-Till-
nan faction OF the Democratic party Ia
his State. but is noted for hts fearless
nd bipartisan conduct on the bench.
udge Gary. who belongs 20 tho Tillman
action, has granted a temporary writ
Z prohibition In Richland county, re,
training the board OF control from Pc
civilg ond Ming the bond 81 Madison
,0ch. recently appointed IN this case.
he hearing will take pace before judge
larry az Columbia early next week
Judge Hudsou's Decision.
Judge Hudson's decision I'm the Darling.
on disponsary case was brief lie SAID
e would file his reasons later. an in-
JUNCTION was asked for on the ground
hat the dispensary law was unc0nsr-
utional and that J. y. Floyd. who vas
lppolgted dispenser did not have a
1ajority Of freehold voters ufgn hls pc
ltiOn for appointment. The main point
pon which Judge Hudson decided me
iw unconstitutional was that the state
axes business from individuals and cree
ties monopoly in n for Itself that pro-
ibitOry laws are constitutional hlt
hat the Evans bill is not such aV,
ut, on the contrary, IL Is a aw ~
eVenue or profit. Re also said that
he famous Wilson act OF Congress does
ot prohibit n railroad from bringing
rom without the State liquor 10 citizens
sithin the State. When the sale m
quor Is probably prohibited hy tho state
NV. n citizen cannot sell if but Not
IS his property and railroads can lee
yer IL 10 him. This opinion on ne
wilson act was given parenthorcaIiE
nd does not bear on the case af iss1e.
udge Hudson further decided that
'loyds appointment WaF ILLEGAL. as he
a A.. 4 10 ID
pom his petition. The judge therefore
sued an order restraining the county
GARD and Mr.. Floyd from opening
lgpcnSary until the further order u