The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1895-06-12
Pana Is Pushinq EN-.

startling turning up in the admlnlstra-
tion of the dispensary law and yesterday
witnessed another development In the
situation. DR.. Samps Pope and United
States Commissioner Reid, OF NeWberry,
have been in the city for several days and
while it was certain that something was
up, they kept their counsel.
Yesterday morning the report quickly
spread that Commissioner Mixson and
Constable Beach had been arrested by
| United States deputy marshal. The
report proved true and at IL o'clock they
were arraigned before Commissioner
Reid charged with conspiracy to inter-
| fere with Interstate commerce.
Commissioner Mixson was placed un-
| der bond of 81, 900 and Constable Beach
under one of 5000, for their appearance at
the November term of the United States
| Court to be held in Columbia, but both
were released on their own recognizarce
Strange as it may seem they were not
held on the charge of conspiracy, but for
violating Judge Simonton's order
The case came up owing to the seizure
of two barrels of export beer shipped
| from Augusta to Capt. G. J. Beck and
| William F. Muller, both of this city,
which were seized by Constable Beach at
| the Southern railway depot Tuesday
| morning. The following affidavit was
made by Captain Beck, a similar one
| being made by Mr.. Muller:
UNITED STATES OF AMERICA,
DISTRICT OF SOUTH CAROLINA,
RIcHLAND COUNTY.
Personally came before me Charles ..
Beck, citizen of the State Of South Caro-
lima, residing in Richland County, IN
said State, who being dull y sworn, says
that he ordered from the Augusta Brew
ing Company, corporation oolng ousl. otss
ness in the city of Augusta, in the State
Of Georgia. one cask of beer; that the
same was received at Columbia in the
State of South Carolina, at the depot OF
the Southern Railway Company on the
| fourth day of June, A. D. 1906, and was
marked 6. J. Beck, Columbia, s. O.;
that upon arrival and before delivery, the
said cask was seized by George w. Beach,
a State Constable, and was by him sent to
tho State dispensary. That said cask OF
| beer was for the personal use OF this
afiant who has never sold any liquor
since the dispensary was opened or De-
fore. Affiant asks immediate process,
| fearing loss of property.
Subscribed and sworn to before me at
| Columbia, this 4th day Of June, A. D.
1895. JOSEPH ). REID,
United States Commissioner.
When the defendants had been brought
into Court there was a large audience
pres ent to hear what was to transplre.
| It was agreed to take the two cases up
topether, being exactly similar. Mixson
| and Beach were represented by assistant
| Attorney General Townsend. The TAX
| ing of testimony was then commenced.
Dr.. Pope said that the dispensary Act
has been declared unconstitutional, ana,
therefore, the State Of South Carolina can
not claim anything under the Wilson
Act. ALI that argument about the WILL
| son Act isn't worth the snap OF hnger.
! Judge Simonton's decision was the law
of the land until it was declared to be
wrong. We simply ask your honor TO
| bind these men over.
And they talk about monopolies and
trusts! The State is making from $ago,-
600 to $500, 900 year from her monopoly.
| Now. i consider this State the bigges3
monopoly Liquor barkeeper in the world
Now, they talk about the protection of
property. Why every day the citizens OF
| the State are having their private property
| wrested from them.
BE said he was opposed to the law IN
| 1892. MY honor was at stake, and TOOK
thai bill and carried tito my room and
slept with it. He saw the danger then.
Until that law is wiped from the books
there will be no peace in South Carolina.
You can't wrest the peoples property
away from them in this fashion. These
| are not the only corspirators in the state,
and, if God spares my life, expect TO
have every one of them where they
should be. By the very cases they quote
you have Jurisdiction.
Judge Townsend denied that they were
| violating Judge Simonton's order Of in
junction in any way, shape or form.
There was smile on every face.
DR.. Pope then went on to say that even
when Mr.. Muller told Nixon the beer
was for his wife he refused to give 1t and
drew narrowing picture of the outrage.
Mixson-Mr. Muller didn't swear to
that.
DR.. Pope-I think he does.
Mixson-No, he doesn't.
DIR. Pope-Well, you just keep dry.
You can talk through your counsel.
b He then read Mr. Muller's sworn state
ment, which was as he said.
DR.. Pope was proceeding, referring to
| the class Of liquor, and once more Colonel
Mixson had something to say. He re-
marked that he didn't know beer was
such good medicine.
DR.. Pope little later said that some of
the dispensary liquor was "enongh to
make q Niger sick" And a little later
Judge Townsend said, to the great
amusement of all, that "we are protecting
the public health and morals"
Dr., Pope exclaimed with emphasis |:
"There is not a Judge in The United
States, outside Of South Carllina, who
will not declare this law n3ccnstitu-
tional."
In regard to the search warrant he
| closed by saying: "Now they have
seized, without any authority, this liquor,
and your honor has right to have this
liquor brought here"
Doctor Pope, in speaking of the light
way in which Judge Townsend had re-
ferred to the jurisdiction Of the Court.
said: "Here's a judge big enough for
this occasion and hope he will exercise
his powers"
Commissioner Reid then stated that
this dispensary law had been brought up
| before Judge Simonton and he had de-
clared it unconstitutional, and that any
citizen had right to have liquor brought
| into the State for his own use. The dis
pensary authorities were maintaining
| that the burden of proof that man
bought the liquor for his own use was
upon the party buying the liquor. In
| his opinion the law did not contemplate
| any such thing. It was never intended
that man would have to submit evil
dencs that he bought the liquor for his
own use. This decision Of Judge Simon
ton gave to every citizen the right to get
all the liquor he wanted for his personal
use without interference from anybody.
My opinion is that the people have rightly
interpreted Judge Simonton's decision.
T think that those parties ere entitled to
| their liquor without interference and 1
| shall hold that the defendants are in con-
tempt of Judge Simonton's order of in
! junction and shall require them to give
bond for their appearance for trial. !
shall require also the order of search and
| seizure to be carried out and 1 Ill ask
| Commissioner Mixson whether he will
turn the property over according to his
agreement with the deputy this morning
| or whether must enforce the order.
| Mr.. Mixson said that he would do
whatever his attorney advised him to
do. Later, he announced that the prop
erty would be turned over to the United
States deputy marshal as soon as he called
for it.
After good deal of talking Constable
Beach's bond was fixed at $3.50 in each
case and Commissioner Mixson's $500 in
each case. Constable Beach stating that
he was poor man, he was allowed to
give bond in "his own nreoognizance" and
| 60 his way. Colonel Mixson was also
allowed to give his bond in this manner,
although he stated that he could give
bond of million dollars if necessary.
In the afternoon, after the hearing had