The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-05-09

state. or II all persons were forbidden 10
import alcoholic liquors or if the laws
OF south Carolina had declared that all
az @atSohoAe liquors were OF such poison
Gus and detrimental character and that
Unelr use and consumption as bever-
age were against the mOrats, good health
and safety of the state other and differ
enI questions would arise"
Inc injunction Is an ironclad one, the
meat OF II being in the following. "O--
dered, adjudged and decreed that a writ
OF injunction be awarded and do issue out
OF this court commanding and enjOinins
Holley, Sr., as chief canstable or the
state Of South Carolina, and all other
state eonstables of the state
and Other persons acting under him,
and their successors in Office and also
the defendants. J. NJ. Scott. r. NJ. Gard
ner and f. c Beach, and all other state
constables of the state of South Carolina
and all county sheriffs and their deputies,
and all municipal officers, chiefs of police
ana policemen, and all other officers of
the state of South Carolina. or of any
county, city or town of the said state of
south Carolina and all persons whomso-
ever, acting or claiming to act under the
authority of the act of the general assem-
bly, of the state of South Carolina ap-
proved Jan. ?, 1895, or under any warrant
from selling or attempting 10 seize in tran
sit or otherwise. both before and after
arrival in the state Of South Carolina, and
az any place in the state of South Caro-
package whatsoever of ales, wines, beers
or SplrltuouE liquors, or any intoxicating
liquors, the product of any other state or
foreign country, imported into, or brought
into the state of South Carolina by any
means of transportation whatsoever, by
the complainant James Donald, or
any other person WhOmsOever for his
own use and consumption, and from en-
tering forcibly or searching or attempt
ing TO search the premises or the dwelling
OF the complainant, James Donald. or any
other
olina, or any railroad depot. railroad car
or steamboat, or sailing vessel or other
vehicle Of interstate commerce, or any
vehicle whatsoever, within the state for
such Intoxicating liquors as aforesaid or
brought into this state for his use or
consumption, or from hindering and pre-
venting by any means whatsoever, the
complainant, James Donald, or any other
person in the state of South Carolina as
importer and consumer of the ales, beers,
wines and spirituous liquors of other
states and foreign countries from import
ing, holding, possessing, using and con-
suming the said intoxicating liquors as
aforesaid so Imported for his use and con-
LAS to the dispensary." said Gov. Ev-
ans tonight, 'it will continue its opera
tions as heretofore, and the case VIII be
pushed to the supreme court of the Uni
ted States as speedily as possible. 1t is
an absurdity to argue that congress has
the right to pass law giving to the state
the right TO absolutely control whisky
brought into the borders of the state as
though 1t were manufactured in the state,
and powerless II perchance perjured bar
keeper may maintain it is for his own use
and consumption Judge SimontOn's utter
disregard for the Wilson act and the origi-
nal package decision, and of his own de-
cison heretofore rendered shows the ex-
tent to which these people are willing to
carry their animosity to this law of the
people. The dispensary law is here to
that the supreme court of the United
States will not stultify itself by such utter
disregard of the acts of congress and its
own decisions. At any rate, they will be
given an opportunity of passing upon it.
Further development may be expected.
The constabulary will continue to make
seizures; that's the way we have to get to
the court. The only way to get to the
supreme court is by contempt proceed
ings."
this afternoon, and Judge Simonton went
to Charleston. Orders for liquors are fly
ing everywhere. A constable having full
knowledge of the mandate of the court,
has already made a seizure of liquor.
The contempt cases against Commission
er Mixson and the constables were dis
missed in view of disclaimers and apollo
gies made by them.
Charleston, S. c., May S-The news of the
decision of the United States circuit court
in the matter of the dispensary law was
received here to-day with great rejoicing
not by the barkeepers and liquor dealers
alone, but by the entire community. The
most odious feature of the law which
dulhOrlZeS lne cOuSldDulaTy 10 Sedfcn pfl-
vate residences and confscate contrabrand
liquor is declared unconstitutional by
this decision. The injunction granted by
the court throws a protection around all
liquor bought by a citizen of South Caro-
lima and brought from any other state.
The federal authority protects the liquor
from the time 1t enters the state until its
owner has consumed it. This is regarded
here as a vindication of the rights of
citizens against encroachments The eX-
liquor dealers are not rejoicing so vocif-
n
cision restoring them their right to sell
liquor, but it is the general belief that as
soon as the dispenSary ceases to pay