The Union times. [volume] (Union, S.C.) 1894-1918, 1895-03-22
EVANS IN THE DECISION.

Judge Simonton Declares the Dis
pcnsary Law UncOnstitutiOnal-T
| Governor Has II Word to Say About
IL.
In the United States Court a few
days ago Judge Simonton handed
down Il decision in the habeas corpus
cases OF the master and crew of the
schooner Carolina, who had been
arrested on Il charge of violating the
dispensary law. Their vessel con-
tanned cargo OF liquor brought from
Savannah to tue port of Charleston,
which was seized by the police and
State constablcs and coniiscaJcd. Suits
were brought to transfer the case to
the Federal court, and the master and
crew of the vessel were brought into
that court on habeas corpus. In the
decision which orders the. release of
the men from custody, Judge Simonton
expresses the opinion that the arrest
and detention Of the defendants was
against the Interstate commerce law
and that the dispensary law is uncon-
stitutional and indicates that it would
be best for the State and the public
for the case to be carried speedily
before the Sdpremc Court of the
United States.
When Governor Evans was asked
about the decision of Judge Simonton
in the Carolina" habeas corpus
case, he had but very little To say.
But in that little he made clear his
determination to seize all CONTRA aband
liquor brought into the State upon it's
arrival at It's destination.
Governor Evans said: 81 don't
want to comment on the decision until
| look into it thoroughly. | cannot
see, however, how he can find as he
does, for the facts do not support the
position he takes. He finds that the
goods were still in transit. The facts
rs given to me show that the boat was
in port at the time, was at the place
Of her destination that the line had
Dcen thrown from the shore. | will
say that we are going ahead seizing
Every boat AS 1t comes in, and that we
are still doing business at the same
old stand. The constablcs arc to go
ahead and seize every vessel by my
1..Snr sp..-,L--------7--s-s.f s.ffUTs are C0nGrrncd
the Lispensa"v law is null and void, on
the grounds that they were engaged
in Interstate trai1ce, and the goods
had not arrived at the point Of dcstina-
tlon. The Interstate commerce law is
Of course Il feature Of the law, but
Congress Is the only power which can
have anything to do with that. We
claim that under the Wilson act we
can seize any liquor upon its arrival
at its destination. The dispensary
law is an exact copy of the Wilson act
and the United States revenue laws.
If he holds one unconstitutional he
must also hold the others unconstitu-
tlOnal. We are not interfering with
Interstate commerce at all"
When the Governor was asked about
Judge SimOntOn's suggestion that it
was for the best interest of all parties
concerned To have a speedy settlement
Of all questions us TO the dispensary
law III the United States Supreme
Court, he said I'VE will do us we
see tit about that without any sug-
gcstiOn from Juuyc SImOuton. The
decision he renders does not affect the
operation of the dispcnsary law. 1t
only says we cant arrest persons en-
gagged in Interstate commerce. We
can't arrest people for bringing liquor
into the State, but we can take charge
If the matter just us soon rs the IL
quor arrives at its point OF destina-
ton"