The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1895-05-09

crowd gathered at the United States
courtroom this morning to hear the d.
cistons in the registration and dispen-
ssry cases. Judges Golf and Simonton
of the United States circuit court, were
both on the bench.
The case brought by Pope and Cald.
we'll TO prevent the holding of the con.
stitutional convention was thrown out
OF court. Pope aHd Caldwell's dispen-
sary case was also thrown out OF court
The decisions were rendered upon the
dispensary case brought by J. P. X.
Broan, OF Charleston, and the regist,a-
tion case brought by G. A. Douglass, OF
Washington.
Judge Simonton read the decision in
the dispensary case. He held that 1t
WAS not suit against the Ssata, and
that the court sitting in equity had
jurisdiction over it. He said: "Is the
provision OF the dispensary law, which
forbfds citizen OF the State, himself,
to import for his own use from the other
States alcoholic liquor sustsinable under
the act of Congress commonly known as
the Wilson bill? 1t Is, if these provis-
ions OF the dispenssry law are the law
full exercise OF the pollcs power of the
State.
The dispenaary law nowhere de.
clares that the use of 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 ample provision for the
mi ~ a1n
State and elsewhere, for their distribu-
ton in convenient packages within the
reach OF nearly every person through
out all portions Of the State, for use and
consumption by the people of the State,
and in every way 1t encourages such
use and consumption.
''Alcoholic liquor is declared to be
contraband and against the morals and
good health and safety Of the STATE
only when 1t Is not imported by the dis.
penser or is not in his hands or in the
hands CT some one with his permission.
ut Is sufficient for the I url oses of this
case to say thatin 80 far as the dispsns
sary law forbids q 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, II discriminates against the pro-
duets of other States. Such discrimina-
ton cannot be made under the guise OF
the police power, and further, 1t dis
eliminates against all other cit!zsns OF
the State. 1t also makes O discrimina-
ton against all persons IN thu trade in
other States who are not patroniZed by
thu State dispenser.
81 all alcoholic liquors were excluded
from the State, or II all perso is were
forbidden to import alcoholic liquors, or
II the laws of South Carolins had de-
clared that all alcoholic liquors were Of
such poisonous and detrim entail char
acter, and that their use and consump-
ton as beverage were against the
morals, good health and safety OF the
State, other and different questions
would arise. Let an iniunc zion issue as
prayed for in the bill"
comprehensive order in conformity
with the above decision was signed by
Judge Simonton. The contempt cases
against State Liquor Commission, r
Mixson and Constables Davis and La
Far were dismissed, 1t being considered
that they had purged themselves Of
contempt.
The opponents OF the dispensary sys-
tenn naturally ore highly elated and the
wires were kept hot to-day ordering
liquor from Augusta and other points
outside OF the State.
The State authorities propose to con-
tinue the fight. GoTernor Evans SAYS
seizures viii be made to test the In
junction but it hadn't been fully deter
mined exactly what course would be
pursued. The Southern Express officials
were told to go slow in filing orders
until the Safe decided what course it
would pursue.
Judoa GcR ,ood tbo daof,:o-
ing the registration laws OF South Caro-.
lima unconstitu tional.
Judge Golf carefully reviews the hls.
tory OF the 18th, 14th and 18th amend.
ments to the federal constitu ton,
whose express purpose he holds was 10
guarantee the right of suffrage to ci.i-
zeDs OF African descent. He then de-
clares that the registration laws of
South Carolina are in conflict with those
provisions in that their evident intent
and purpose is to facilitate the voting
of white oitizens while making It hard
for the inferior race" to prepare for
casting their ballots.
He reviews the provisions of the reg.
istration law to show how hard they
make 1t for African citizens to vote.
He says: sit ia not my intention at this
time to state in detail the requirements
and effect OF each section OF the said
registration law, but simply the result
that l reach after careful scrutiny of
them all, aided as have been By the
exhaustive analysis CT same made by
counsel.
IL find no warrant in this case for the
certificate required by the repatriation
law to be issued to the voter, the pro-
ductioD OF which required at the polls
or his vote is to be rejected. This la
not registration, which is simply the