Birmingham age-herald., 1895-05-09

desire to use it. Alcoholic liquor is de- clared to be contraband and against the morals, good health and safety of the state only when 1t is not imported by the dispenser or when it is not in hs hands or the hands of some one with his permission.
 Alcoholic liquors imported into this state and declared contra band and in- furious to 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 qualities, or put into the channels of distribution and are sold to the people of the state for their use and consumption.
 Tt is not necessary to go into minute and detailed examination into all the provisions of the dispensary law, nor to determine whether all these provisions are, or arc not in the exercise of police power. It is sufficient for the purposes of this case to say that in so far as the dispensary law forbds a citizen to pur> chase in other states and import into this state alcoholic liquors for his own use and consumption the products of other states, it discriminates against the products of other states. Such dis elimination cannot be made under the guise of the police power
 And further, in so far as this act permits the chief dispenser to purchase in other states alcoholic liquors and to
 
 pose. of selling them for use and con sumption at retail within the state. and forbidS all other persons from so pur- chasing and importing for their individ- ual use and consumption, it discrimi- mates against all other citizens of the state. It also makes a discrimination against all persons in the trade in other states who are not patronized by the state dispenser. forbidding them to seek customers within the state, and to enjoy a commercial intercourse secured to others in this state.
 "These conclusions rest on this dis elimination. If it 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 alcoholic liquors were of such poisonous and detrimental character and their use and consumption as a 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 1t being in the following:
 The Injunction.
 Ordered, adjudged and decreed that a writ of injunction be awarded and do issue out of this court commanding and enjoining and restraining the defend- ants, M. T. Holey, Sr., as chief con- stable of the state of South Caolina,> and
  of South Carolina, and other persons acting under him and their successors in office; and also the defendants, J. M Scott R. M Gardner and E. c. Beach, and all other state constables of the state of South Carolina and all county sheriffs and their deputies, and all munic ipal officers, chiefs of police and police men, and all other officers of the state of South Carolina, or of any county, city or town of said state of South Caro- lima, and all persons whomsoever, act ing or claiming to act under the author ity of the act of the general assembly of the state of South Carolina, ap- proved January 2, 1895, or under any war rant issued by or under authority thereof, from Seizing or attempting to seize, in transit or otherwise both be- fore and after arrival in the state of South Carolina, and at any place in the state of South Carolina, take, carry away or confiScate any packages what soever of ales, wines, beers or spirituous liquors, or any intoxicating liquors, the product of any other state or foreign country. imported into or brought into the state of South Carolina by any means of transportation whatsoever, by the complainant, James Donald or any other person whomSoever for his own use and consumption, and from enter ing forcibly or searching or attempt ing to search the premses or dwelling
 
 any other person in the state of South Carolina, or any railroad depot, rail road car, or steamboat, or sailing yes sel. or other vehicle of interstate com merce, or any vehicle whatsoever with in this staite for such intoxicating liquors as aforesaid, imported or brought into this state for his use or consumption; or from hindering and preventing by any means whatsoever the complainant, James Donald, or any other person in the state of South Caro- lima, as importer and consumer of the liquors of other states and foreign countries from importing, holding, pos sessing, using and consuming the said intoxicating liquors as aforesaid as imported for his use and consump- tion
 'As to the dispensary" said Governor Evans tonight, ''it will continue it's oper- ations as heretofore, and the case will be pushed to the supreme court of the United States as speedily as possible.
 Tt is an absurdity to argue that con- gress has the right to pass law giving to the state the right to absolutely con trol whisky brought into the borders of the state as though 1t were manufactured in the state, and yet powerless if, perchance, perjured barkeeper use and consumption. Judge simon tons utter disregard for the Wilson act and the original package decision, and of his own decision heretofore rem dered, shows the extent to which these people are willing to carry their animos- ty to this law of the people The dis pensary law is here to stay and will stay, and am confident that the supreme court of the United States will not stultify itself by such utter disregard of the acts of con gress and its own decision. At any rate they will be given an opportunity of pass ing upon it. Further developments may be expected The constabulary will con- tinue to make seizures. That's the way