The Providence news. (Providence [R.I.]) 1891-1906, 1895-05-09
THE SYSTEM.
Cannot Be Legally Conducted
in South Carolina.
Discrimination Against Private Gill.
zsns in and Outside the State.

COLUMBIA, s. c., May "a greas crowd
gathered at the United States room yester'
day to hear the decision In the registration
and dispensary cases. People were packed
like sardines In its somewhat limited
space and in the corridor leading to IT,
Judges Golf and Simonton OF the United
States circuit court were both on the
bench. When the registration decision was
read the spectators expressed their JOY so
noisily that they had to be called TO order.
The case brought by Pope and Caldwell TO
prevent the holding Of the constitutional
convention was thrown out OF court, as
well as the dispensary case.
The decisions rendered upon the dis
pensary Gaze were brought by j. p. X.
Bryan of Charleston, and the registration
case was brought by @. A. Douglass oil
Washington. Judge Simonton re the
decision in the dispensary case. After re-
viewing II, he held that IL was not suit
against the state and that the court sitting
IN equity had jurisdiction over IL. He said:
1T Is not necessary 10 go into minute
and detailed examination OF all the provi
sions of the dispensary law. Ii Is sufficient
for the purposes Of this case To say that In
so far as the dispensary law forbids citi
xcn to purchase In other states, and In that
case, to import into the state alcoholic
liquors for his own use and consumption,
the products Of other states, IL discrimi'
mates against the products OF other states
Determinations Were Unjust.
"Such Determinations cannot be made
under the guise of the police power, and
further, in so far as this act permits the
chief dispenser 70 purchase in other states
alcoholic liquor and TO import it into this
state for the purpose OF selling IL, for use
and consumption at retail within the
state, and forbids all other persons from
so purchasing and importing for their In
diyidual use and consumption, 10 discrimi
mates against al other citizens Of the state
II also makes discrimination against all
persons In the trade in other states whC
are not patronized by the state dispenser
forbidding them to seek customers within
the state, and 10 enjoy accriminal features
secured 20 others In this state"
A comprehensive order in conformity
with the above decision was sirned by
Judge Simonton
The contempt cases against State Liquo
Commissioner Mixson and Constable
Davis and I,afar were dismissed, Il beinl
considered that they had purged them
selves Of contempt.
The opponents Of the dispensary system
are highly elated, and the wires were KEEP
hot ordering liquor from Augusta ant
other points outside Of the state.
The state authorities, while defeated
propose to continue the fight. Governo
Evans says seizures will be made TO ties
the injunction, but IL had not been full
determined what course would be pursued
The Southern express officials called upo
Governor Evans to find out whether the
would be Nahle under the state law 10
bringing in articles that they would b
compelled to do under the decision.
The plan of the administration is Z
have constable seize liquor, ant
when arrested for contempt of cour
in having disobeyed Judge COTS orde1
take the case TO the federal court
habeas corpus proceedings
AS Judge Gof has not enjoined III
holding of n constitutional convention,
will be held, probably without any resis
snce, the whites Being confident that the
aau hold IT,