The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-04-27
A NEW FIGHT ON IN CAROLINA.
JUDGE sMcNrON NOW ISSUES MN
JUNCTTON.

Citizen of Charleston secures an
order Restraining All ConStabIcs
and Police Officers From Seigins Ii
auors which He Map Import for
His own Jse-A Previous Invoice
Seized-A Serious Clash between
the Federal and State Authorities
Among the Possibilities.
Charleston. S. C. April 2s.-The dlspen-
sary war in this state threatens very
shortly to assume the proportions OF a
tight between the federal and state gov
eminent
In addition to the temporary injunction
heretofore granted by judge Con. re-
straining the state authorities from seiz-
ing contraband liquors brought into the
state, another injunction was issued by
Judge Simonton Of the United States cir
cult court to-day. which promises TO help
matters 20 an immediate close. This last
case is brought by James Donald. a cit
izen of Charleston. against James Scott,
NJ. T. Holly. and other members Of She
constabulary force here. The case was
evidently prepared with great caution.
The plaintiff early in the year ordered
from New York via the Old Dominion line
a barrel of beer, from Baltimore case
/. OF Pickwick Club whisky and from Sa-
vannah a case Of California wine, and he
notified the dispensary constabulary Of
the fact that he had bought the goods
and warned them. through counsel. to
seize the goods at their peril The goods
were seized and conhscated.
The petitioner has brought suit against
the constables for $4,000, and asks the
court for an injunction restraining all
constables. police or other officers from
interfering with and sezing his property.
He AYERS that the liquor Is bought for
his own consumption and his private use,
and not for sale. The dispensary
law is attacked on the ground that IL at
tempts to abridge the right of citizen to
import into the state for his own use and
consumption such liquors as he may de-
sire, and is thus a restriction In the regu-
lation OF commerce between the states
in favor of the products OF the state OF
South Carolina against the products Of
other states and counties, and in conflict
with article1, sections S and 9, of the con-
stitution of the United States. The njun-
ction asked for is to restrain and enjoin
the constabulary from entering. seizing
or attempting to seize such liquors, or
from entering the dwelling of the plain
tiff to search for such goods or by any
means from preventing the plaintiff from
importing and holding such liquors. The
Injunction is made returnable on May /,
and notice has been served on the con-
stabulary here
Gov. Evans has said that he will not
obey the inJunctionS and has instructed
the constabulary to go ahead with their
seizures. IL is more than probable, there
fore, that these officials will speedily
find themselves hauled up before the fed
eral courts for contempt.
Columbia, S. c., April 26.-Folowing out
| his declaration of his intention to disre-
| gard Judge Goff's temporary Injunction
/ restraining all state, county and munich
| pal officers from interfering with LIQUOR
| shipped into this state while in transit and
a
| Gov. Evans liquor constables this after
| noon seized a barrel of bottled beer, ship
/ ped by express from Augusta, Ga to D.
| j. GOble, this city. They broke ii open
\ and conveyed its conhscated contents 10
| the state dispensary. State Liquor Com
| missioner MXsOn yesterday issued a cir
/ cular to constables commanding them to
he particularly vigilant in detecting and
/ Selling liquors.
The further action of the United States
/ judges is awaited with the keenest inter-
!