The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1895-05-15
Two Pet LaWs Knocked Out.

and 1t 1S not WltnlQ CQo power VI
prophet or the son of a prophet TO- fore,
cast the consequential events which WILL
follow in the next six months.
At one stroke the registration laws OF
the State have been knocked into cock
ed hat, throwing open the ballot box to
everybody to vote without registration
certificate that is likely to
cause struggle in the election of dele
gates to the Constitutional Convention
Something that revolutionizes 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 COM
merce features Is concerned, anyone now
being allowed to bring liquors into the
State from wheresoever he pleases, and
be protected in the possession thereon:
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 notification Of the dispen-
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 80 that standing room could not
be found. Scores of negroes were pres
ent, as were no end Of liquor men. The
negroes, when Judge Golf ended, muir
INJURED their approval, and order had to
be restored.
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
proceeded to show that these rights could
not be abridged, held that the law In this
respect was unconstitutional and said the
provisions Of the registration laws seemed
to him almost Incredible, yet he thought
them correct.
"The statement this complainant makes
is appalling, the outrage stupendols, the
result close on the borderland that divides
outrage from crime"
The Constitutional Convention act cured
no defects. The State frankly admitted
that the object was to disfranchise as
many negroes as possible.
He held that the laws were unconstitu-
tional in toto; that the Court had juris-
diction, etc. He held that certificates of
registration could not be demanded /;
that no official Of any State was above the
law. he remarked that inclination was
mingled with duty In this matter. He
was very severe on the position OF the
State in regarding the Court as foreign
jurisdiction. This position was as strange
and wonderful to his as the story he had
lust heard in this case. He passed an
order, as prayed for, restraining and en-
Joining the supervisor of registration as
an official and Individually from the per-
formance 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 Legisla-
ture. He says the fight will have to come
on free ballot and regards the situation
as grave crisis. Tonight he said:
"You can say that am wrought up
with indignation and that he will take
the decree, read it carefully and present
our reflections to the people Of the State
in due season. It is the gravest question
that ever confronted US and the people
may rest assured that we will take no
action without mature deliberation. The
time has come now to act and at the
proper time T will act In manner that
no true South Carolinian can fail to up
hold. But they may rest assured that
white supremacy in South Carolina Will
be maintained"
Judge Simonton rendered the decision
in the dispensary case, which created a
profound sensation. It was in the case
from Charleston. After reviewing the
case and holding that the Court had juris-
diction he said
s.The dispensary law nowhere declares
that the use and consumption of alcoholic
liquors in themselves are injurious to the
morals, good health and safety of the
State, or of her people. On the contrary,
the dispensary law makes the most ann
pie provision for the purpose Of alcoholic
liquors in this State and elsewhere, for
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 it encourages such use and
consumption. Even in localities in which
the majority of the inhabitants refuse to
have dispensary provision is made for
the procurement Of alcoholic liquor by
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 when
It Is not imported by the dispenser or
when it is not in his hands or In the
hands of some one with his permission.
Alcoholic liquors imported into this State
and declared contraband and injurious to
the good health, morals and safety Of the
State, and 30 subject to seizure, just as
soon as they are seized and passed in the
hands of the dispenser lose their ipjuri-.
GUS qualities, are put into the channels OF
distribution and are sold to the people OF
the State for their use and consumption.
"It is not necessary to 60 into minute
and detailed examination of all the pro-
visions Of the .dispensary law, nor to de-
termine whether all these provisions are
power. It is sufficient for the purpose Of
this case to say that in so far as the dis
pensary law forbids citizen to purchase
in other States and to import into this
State alcoholic liquors for his own use
and consumption, the products Of other
States, it discriminates against the pro-
ducts of other States. Such discrimina-
ton cannot be made under the guise of
the police power. And further, in 80 far
as this act permits the chief dispenser to
purchase in other States alcoholic liquors
and 70 import them into this State for the
purpose Of selling them for use and con-
sumption at retail within the State, and
forbids all other persons from 80 pur-
chasing and importing for their indi-
yidual use and consumption, 1t discrimi-
mates against all other citizens of the
State. It also makes discrimination
against all persons in the trade in other
States who are not patronized by the State
dispenser, forbidding them to seek custo-
mers within the State, and to enjoy a
commercial intercourse secured to others
in this State.
sThese conclusions rest on this dis
elimination. fit did not exist, and If all
alcoholic liquors were excluded from The
State, or if all persons were forbidden to
import alcoholic liquors, or If the laws OF
South Carolina had declared that all al
coholic liquors were Of such poisonous
and detrimental character and that their
use and consumption as beverage were
against the morals, good health and safety
OF the State, other and different questions
would arise"
The injunction is an iron-clad one, the
meat of it being in the following:
"Ordered, adjudged and decreed, that a
writ Of injunction be awarded and 90
issue out Of this court, com manding and
epjoining and restraining the defendant.
M. T. Holley, Sr., as chief constable OF