The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1895-05-13
ALL STIRRED UP.
JUDGES GOFF AND SIMONTON START
Il ROW CAROLINA.
TWO PET LAWS KGoCKED OUT
The Dispeasary Statutes A re Declared Utter
ly Null and void-''ailot Boxes are Open. :
Gov. Evans Defies the Federal Court.

Columbia, S. c., May S.-The state is in
ferment tonight. The United States
circuit court has come with it's strong
arm and dealt the government of the
state of South Carolina two terrific blows.
Many have looked lightly upon the issues
that have Deen pending in the court during
the past week, but those issues have been
as momentouS as any that arose in
the old Palmetto State ana it is not
within the power of prophet or the son
OF a prophet to forecast the consequential
events which viii follow i'm the next six
months.
At one stroke, the registration laws of
the state have been knocked into cooked
hat, throwing open the ballot box to
everybody TO vote without a registration
Notwithstanding that is likely to
cause a struggle in the election of dele
gates TO the constitutional convention
something that revolutioni2es the voting
system of the state, for the governor de-
clares that he will not call the legislature
together to enact new law; and the dis
pensary system has been practically killed,
the law being nullified in so far as the
vitality important Interstate commerce
feature is concerned. anyone now being
allowed to bring liquors into the
state from wheresoever he pleases. and
be protected in the possession thereof
These are the two matters that confront
the present state administration, and they
are grave ones.
Notwithstanding this. Governor Evans is
declaring that he is going ahead with the
seizures of liquors to get the liquor case
in the United States court. The question
of every hour now might be said to be-
What neXt?'
And OF far greater importance than any
thing else is the mandate of the court
in the registration cases, though perhaps
the practical nullfiaction of the dspen-
sary law is of more general interest to
the people of the state itself than to those
outside the state
Judge Golf rendered the decision in. the
registration case. The courtroom was
packed SO that standing room could not
be found. Scores of negroes were present
as were, no end of liquor men, The ne
groes, when Judge Gom ended, murmured
their approval, and order had to be re-
stored.
After recounting the provisions of the
law and the acts bearing thereon, together
with the facts of the case he traced the
negroes career from the time of slavery
gave the history of the passage of the
fourteenth and fifteenth amendments; pro-
ceeded to show that these rights could
not be abridged held that the law IN this
respect was unconstitutional ana said the
provisions of the registration laws seemed
>
them correct.
The statement this complainant makes
is appalling the outrage stupendous, the
result close on the borderland that divides
outrage from crime"
Cured NJ Defects.
The constitutional convention act cured
no defects. The state FRANKLY admitted
that the object to disfranchise as
many negroes as possible
lie held that the laws were unconstitu-
tional i'm toto; that the court had juris-
diction, etc lie held that certificates of
registration could not bc demanded; that
no official of any state was above the
law. He remarked that inclination was
a s. led with duty in this matter He
vs. very severe on the position OF the
state i'm regarding the court as a foreign
jurisdiction. This position was as strange
and wonderful to his as the story he had
j st heard in this case. He passed an
order, as prayed for, restraining and en-
Joining the supervisor OK registration as an
official and Individually from the perform
ance of any of the acts mentioned and
complained of. The injunction is perpetual.
Governor Evans declares that he Will
not call an extra session of the legislature.
lie says the fight will have to come on
free ballot and regards the situation as i
grave crisis. Tonight he said:
you can say that l am wrought up
with Indignation ana IndI we VIII ldht I'M
decree, read it carefully and present our
reflections to the people of the state in
due season. 1t is the gravest question that
ever confronted us and the people may
rest assured that We viii take no action
without mature elaboration. The time
has come now to act and at the proper
time l will act in a manner shat no true
South Carolinian can fail to uphold. But
they may rest assured that white SUI
premacy in South Carolina will be main
tanned"
Judge Simonton rendered the decision
in the dispensary case, which created a
profound sensation. 1t was IN the case
from Charleston. After reviewing the
case and holding that the court had jur.s-
diction h SAID:
THE dispeEsary law nowhere declares
that the use and consumption of alcoholic
Tquors in themselves are injurious to the
morals. good health and safety of the
state. or of her people. on the contrary.
the disDcusary law makes the most ample
provision for the purpose Of alcoholic
liquors in this state and elsewhere. Tor
their distribution in convenient packages
within the reach of nearly every person
throughout the state for the use and con.
sumption by the people of the state. and In
every way ii encourages such use ana
consumption. Even in localities in which
The majority o: the inhabitants refuse to
have a dispensary provision is made Tor
the procurement of alcoholic liquor ny
those within the locality who desire to
use it. Alcoholic liquor is declared TO be
contraband and against the morals, good
health and safety of the state only "hen
II is not imported by the dispenser or when
il is not in his hands or in the hands OF
some one with his permission. Alcohoic
liquors imported into this state and de
clared contraband and injurious 10 the
GOOD health. morals and safety OF the
state and so subject to seizure, just as
soon as they are seized and passed in the
hands of the dispenser lose their injurious
aualities are put into the channels OF
distribution and are sold to the people OF
The state for their use and consumption.
Discriminatcs Against other states.
ut is not necessary 70 go into minute
and detailed examination OF all the pro-
visions of the dspenSary law, nor to de
termine whether all these provisions are
or are not in The exercise OF the police
mower 1t il sufIicient for the purposes OF
This case to say that in so far as the
dispens9i.y law forbids citizen to pur-
chase in other states and to import into
This state alcoholic liquors for his own
use and consumption, the products OF
ether STATES ii discrminates against the
nroducts of other states. Such discrimina-
ION cannot be made under the Suise of
the police power. And further. in so far