The Wilmington daily Republican., 1895-05-09

Other statos-Governor Evans Declares
He VIII Continue the Seizures.
COLUMBIA, s. c., May "a great crowd
gathered at the United States court room
TO hear the decisions in tho registration
and dispensary cases. People were packed
like sardines in Its somewhat limited
space and in the corridor leading to 1t.
Judges Goff and Simonton, of the United
Statos circuit court, were both on the
bench. When the registration decision
was read the collected spectators expressed
their joy so noislly 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 also as their dispensary
case. Tho decisions were rendered upon
the dispensary case brought by ]. p. X.
Bryan, Of Charleston, and the registra-
zion case brought by S. A. Douglass, Of
Washington.
Judge Simonton read the decision In
the dispensary case After reviewing it
he held thet 1t was not suit against the
state, and that the court sitting in equity
had Jurisdiction over IL. He said:
1t is not necessary to go into minute
and detailed examination Of all the provis
ions of the dispensary law. Itis sufficient
for the purposes of this case to say that
in so far as the dispensary law forbids Il
citizen to purchase in other states, and to
import into this state alcoholic liquors for
his own uso and consumption, the pro
ducts of other states, 1t discriminates
against the products Of other states.
''Such discrimination cannot be made
under the guise of the police power and
further, in SO far as this act permits tho
EaBi NJ
alcoholic liquors and to import them into
this state for the purpose of selling them
for use and consumption at retail within
the state, and forbids all other persons
from SO purchasing and importing for
their individual use and consumption, 1t
discriminates against all persons in tho
Trade in other states who are not patron
tzed by the state dispenser forbidding
them to seek customers within tho state
and to enjoy n commercial intercourse So
cured to others in this state Let an In
junction ISSUE"
The contempt cases against State Liquor
Commissioner Mixson and Constables
Davis and Lafar were dismissed, it being
considered that they had purged them.
selves of contempt.
The opponents of the dlspensary system
naturally arc highly elated, and the wires
are kept hot ordering liquor from Augusta
and other points outside of the state.
The state authorities, while defeated
propose to continue the fight. Governor
Evans says seizures will be made to test
the injunction, but it had not been fully
determined exactly what course would be
pursued. The Southern express officials
called upon Governor Evans to find out
whether they would be liable under tho
state law for bringing in articles that
they would be compelled to under the
decision. The governor gave them no
definite answer, but told them they had
better go slow until the state decided
what course it would pursue.
! Judge Golf read the decision declaring
the registration laws of South Carolina
unconstitutional Judge Goff's decision
Is very lengthy and exhaustive. After
stating the salient feature of the case as
presented by the attorneys he carefully re-
views the history of the thirteenth four.
teenth and fifteenth amendments to tho
federal constitution, whose express pur-
pose he holds was to guarantee the right
Of suffrage to the citizens of African de-
scent.
He declares that tho registration laws
of South Carolina arc in conflict with
those provisions, in that their evident in.
tont aud purpose Is to facilitate the voting
of white citizens while making it hard for
the inferior raco" to prepare for casting
their ballots. He reviews the provisions
of tho registration law to show how hard
they mako it for African citizens to vote.
He says:
Il find no warrant In the legislation for
the forfeit required by tho registration
law to be issued to the voter, tho produc-
tion of which is required at tho polls or
his vote is to be rejected This is not reg
istration which is simply the entering on
tho books or lists of voters of the names
Of those qualified under the legislation to
vote, but 1t is an additional requirement.
TO those mentioned in the organic law,
not intended, l am constrained to believe,
TO facilitate the full free and legal expires.
sion of those entitled to exercise the right
OF suffrage. Such requirement is unrcas-
enable, burdensome and hnrassing, and it
clearly impcdes and abridgcs the right of
the constitutional voters of the state to
cast their ballots
AsaRISee Goff has not enioined the hold.
tng of tho constitutional convention, IL
will bo held, probably without any regis,
tration provisions at ALL the whites being
confident they can carry it,