New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-09
TILLMANLAWS KNOCKED OUT.
THE WHOLE STATE IN A FERMENT IN
CONSEQUENCE.
r,vo prcr,cr FREAKS OF LEGISLATION IN SOUTH
CAROLINA DECLARED VOID By UNITED


TWO RECENT FREAKS OF LEGISLATION IN SoCih
CAROLINA DECLARED VOID By UNITED
STATES JUDGES.
Columbia. s c.. Nav S-The decision in the
registration cases Of Mills against Green was
read by Judge Gof In the United States CIRCUIT
Court at noon to-day. Judge Gof holds that the
court has Jurisdiction; that official. State or
National is above the law: that as to the constl-
tutonaIity Of the Registration laws. citizens Oh
q State are citizens Of the United States residing
in that State.
The plaintiff. Mills is sustained by the &c
csion of the court which holds that the hes's
tration laws requirement or certncates 10 "o'
warranted by law; that the registration Id" 10
unconstitutional In such requirements; that '"e
Constitutional Convention act does not cure these
defects; that the whole laws are uncohst''u''o"a'
that the proceeding is not against Inc o'a'e'
that this court is a court OF the State OF South
Carolina as OF the United States Judge "''i
therefore. makes the injunction permanent
against the enforcement Of the South Caroiina
Registration and Election laws.
Judge Simonton after the excitement caused py
Judge Goff"s decision In the registration case was
queed. read his decision in the dispensary case
OF Donald against State constables, oec'ar'is
that the court had jurisdictions; that the P'o''-
sions OF the Dispensary law were in violauo" Vi
the United States Interstate Commerce iaw' ana
docreeing that "the Injunction should issue as
prayed for
Judge SlmontOn then read the decision OF 'he
court IN the case OF Dunbar against the con-
stables In the dispensary matter. announcing
that the prayer for the Injunction prayed for was
refused the case not being properly III court IIe
then read the decision In the contenp. e',. ~,
against Mixson. state CommisHoner. sayi's - -
.nI
nurged himself The same decision was rendered.
as 10 the constabIes Pope and Caldwell ior co"'
,.mut I'm the matter Of the Registration law
The entire State IL In n foInent to-niSnt oVe,
,bo docisions of the United States Court, ahn
mo- one seems able 10 give any Idea as 10 VIVA.
NAV bc the probable results The toVernor
asserts that he VIII not can the d.snarsarv
gcther 70 enact a new law. Inc uisp,.'a.y ~
svgtorn has been practically killed. the iaw pc
Inc practically nullincd In so far as the Giter-
state commerce feature Is c3hcer.eu hncones hsr
Importation Of liquors into IN" state peco'he, ,
nlltwablc although the Governor asserts Una
hn will apply the test BY making seHuleS W
liquors in order to get the liquor Sa'eS '''s' '
United States courts. . .,, ,-,.,..
During the delivery Of Judge Gons DECISION
today on the Registration acts the courtroom
us dcrscly crowded. including numerous ne
- ,f,cr recountIng the provisions or the
iavv and the acts bearing thereon, tosether WIN
the facts Of the case. Judge Con traced t'e NJ ne,
cro's career from the time OF savery, ~ sard
Ia. history Of the passage OF the ALVIN anu
vv,h ouendmants and declared that the ne
rro's rights could not b. abridged hodins '"a'
the law In this respect was unconsuuai,I ,aiios Is an
The statement this comp.ainant Hahes - ~, "p
mailing" said Judge Goff. " and the resui. ~ ~ :,
on the border that divides outrage rom I'm a..
The Constitutional Convention act cuIeu ~ ~
fe.,s The State frankly admitted that .nc ~
to, u.as "a dlsenfranchise as many negroes as
possible $1,000 -, tho nosition Of
tba state I'm regarding the courts as ior =, !,
,,, ,,',,or This position was strange ana
wonderful to him as the story ne hho Js.d Juss n
I'm this case. and he consequently pas. .ha
nrd.r a G nravcd for restraining ana en)oiiihs ,'
c.,sr ." -, Registration as an official ana IN
diyIduaIlv from the performance OF any i,nc oi ne
acts mentioned and complained or The ihJuii'-
tiOn IS perpetual. ~, aoc,e,on in the
d,sn.nsarv case which created prolounu, sen'
sation II was In the caSe iIot' no Court
r,,,.,.,cinr tho case and holding that the Ooui
~ ~ = ,,"risdic,ion ne quoted the prohib,ory pro-
visions OF the Dispensary law, ana saiu'
II Is sufficient the purposes Of THIS case rh 10 say
hat IN 80 far rs the i)lspensals ard ~ inport
n,a th,4 state alcoholic liquors for their own s use
and consumption the products OF o's' ofSer states
such determination cannot be made uaet Ie this
Of the police power And iurthrr' ,mnrehass M in other
States alcoholic liquors ana TO o,ng p9r. he ane for use
an1 Consumption AZ retail within the State amd
forbds ali other persons from 80 purcnas,mS an
importing for their individual us Citizens Of the
s,afe II also makes di-crlInination a5alrs a., a.
n
rr,t,onizeI hv the State Dispenser forolaihB , ,ns
~ ae,k customers within the state ana 10 e'jVs ny
"a commercial Intercourse assured 10 o'"e'' ''' '
state. - .h,s d,scr,nina ton n
- did not exist and II all alconohc nquolS .ss
rluied from the State or II all persons were iof fo ~
Inn 10 import alcoholic liquors or II the li"s i % %
south Carolina had declared tha' az .or har
mors were OF such poisonous ana uerih'r"t' nc, @
scter and that their and consuinption az ~ n
nropr were against the morals goou nea,.ti o.,
safety OF the state, other ana diiie'e"l q"e'"
would arise.
The Injunction is an ironclad one. lnasnuch as
{, r|str,ins All persons under any circumstances
f,nn Interfering with the transit or importation
INTO the state Of liquors of any klnd or OF seirch
,ng for them or In any manner carrying out any
~ the provisions Of the Dispensary law
charleston s c. May (SpeciaD news on
the decision ~ the United states circuit Court ",
! the matter u the Dispensary law was ie0,i' ~,
here to-day with great rejoicing Inc ihos' "'..'
f.nture of the law, which authorizes the cons''n.
Iury 10 search private residences ana uonn, , ~ l
contrabnnd liquor, Is declared uhcohsti'u,o'' 3 ~,
the decision This injunction granted 10y ~ 'I,e '" ~ =
throws "A protection around AL liquor poushI Wy "
cltizen of south Carolina from any o,n'r ST., W.
Tho Federal authority prule',s w" hl",' ~ ~'''''
the time IL enfcrs the state w iis ""h"is ~" % W
consumed t. THIS rs regarded mere "h N'','S'
ZION ~ the rights u the fltlE"nh nRnam,s' w
crnnchmeut by the STAT" hu'h"illl'n my w
unuordnnl lnrs are not rejoicing ~ N"'l''.""n', ~
,h.',. ta nothing IA the decision restoring ihen
,h.ir ,iehi 10 ecll uu1r. but ~" s"nefh prn't W
I'M, n, n,nn nn tho diHpenHnty '"As"h 10 pay I"
nr,n, a. ,nn statc II viii h" abolished