The Union times. [volume] (Union, S.C.) 1894-1918, 1895-12-20
DESTROYS OF A DECISION.
Tho Dispensary Test Case to be Pushed
Forward.

Tho Dispensary Test Case to be Pushed
Forward.
1t looks now as if the vexed question
as to the relation of the South Caro-
lima dIspensary law to the United
States inter-commerce law and the
Constitution of the United States is
soon to be finally settled for all time,
by decision from the United States
Supreme Court
The case in which the whole ques-
ton is involved is that of 'James
Donald, on his own behalf, and of oil
others similarly situated, vs. j. NJ.
Scott, ct al, and other State constables
and officers
In regard to this case, Attorney
General Barber speaks thus in his an
nual report, recently issued:
''This was n bill of equity fled in
the United States circuit court by
James Donald against the four defen-
dants named, as State constables,
praying for u perpetual injunction re-
straining the defendants and nll other
State constables and officers from
seizing or attempting to seize, in tran
sit or otherwise, or entering the dwell
ling of the complainant to search,
seize or carry away or contiscate any
alcs, wines, beers, or splrltuous llq-
uors imported into the State for his
own use and consumption, or in any
manner hindering him from import
ing, holding, possessing, using and
consuming any liquors thus imported.
There is also n special prayer in the
fnr
''In the bill the main grounds upon
which the complainant relies are, that
the sections of the dispcnsary law pro
hibiting persons from importing liq-
uors into the State for personal use in
conflict with the Constitution of the
United States, in that they discrimi-
nate against the citiZeus and products
of other States and against the citizens
of this State, and thus interfere with
free commerce., and are not the lawful
exercise of the police power of the
State.
''At the time of the filing of the bill
rule issued against the..defendants re-
quiring them to show causes why n
temporary writ of injunction as prayed
for, should not he granted.
after the right of complainant to the
temporary writ, and asserting that
the sections OF the dispensnry law in
question wcro the lawful exercise of
the power, and were constitutional and
valid.
AT the hearing of the rule, and
after elaborate argument, Judge Sim
onton filed II decree allowing the tenn
porary writ of injunction. In his de-
cree he held that the sections of the
act were unconstitutional on the
grounds alleged by the complainant in
his bill.
cit is hoped that We will soon have
this case properly before the Supreme
Court Of the United States, and secure
from that court decision MS to the
dispcnsary law as is claimed affects
Interstate commerce"
This IL the case as n consequence of
which all the liquor contempt proceed
ings have been had.
The case has been pending for some
time. On Wednesday in Charleston,
before Judge Simonton, the record of
the case was completed, and now the
clerk of the court is hard Mt work MAX
ing the transcript of the record to be
forwarded to the United States Su-
prcme Court at Washington. AS soon
rs this is done Attorney General Bar
bcr says he will proceed to Washington,
and make motion to advance the case
| on the docket, SO that speedy deci-
sion can be secured. Mr.. j. Is. p.
Bryan, tAc attorney for the complain
ant, consents to this motion The
| court will be asked to fix some day not
later than February /, for tn" hearing
| of the argument of the case.
OF course this will settle the Column
bin Club case and others of like char
acter so far as the Interstate feature
goes.
THE CLUB CASE APPEALED.
Assistant Attorney General Town
send hus appeared before Judge Simon
ton and presented the application for
appeal from that Judges decision in
the Columbia Club case to the United
States cour! of appeals. The appeal
was allowed by the Judge, and the pa
pers giving the grounds OF appeal were
filed. The appeal is taken ON the gen
cral ground that no person has n right
10 import liquors for his own use and
put them IL club room, II place the
maintenance of which Tor such pur-
pose is expressly forbidden by the
State dispcnsary law.