The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1895-06-26
ITO the Last Ditch. .
How DR.. Pope Says He'll
Fight the Registration Case.

The United States Court room in
Charleston is now quite point OF IN
terest to the people of the entire
State. The action of Judge Simon
ton ON Wednesday III dismissing the
Pope.C Caldwell registration case was
much discussed yesterday and all
realized that it was now too late tor
any legal proceeding to prevent the
holding of the constitutional conven-
ton
Last night DR.. Pope arrived in the
city. When asked about the action
of Judge Simonton, he said: "l on
can say that the case will at once be
appealed to the Supreme Court OF the
United States. The bond will be
given within thirty days time and
the appeal will be perfected in sixty
days' time. You may add that the
case will be fonght to the last ditch. .
"But you cant do anything ahead
of the convention, Can you - was
asked.
"No; We can't get the case there
in time to afset the holding of the
convention, but it will hang over the
convention, and if the Supreme Court
sets aside Judge Simonton's decls.
ion, that action will nullify any con
stitution that may be made. am
perfectly confident of nine members
of the court to agree on the matter. :"
Dr. Pope says in regard to the
liquor cases that in the next few days
he and Mr. Caldwell expect to bring
the liquor law before the United
States Court in another aspect by
habeas corpus proceedings.
In Charleston yesterday he. ON be-
half of himself and Messrs. Pope and
Hunt, fled case on the Common
Pleas side Of the U. S. Court for
James Dunbar against F. J. Rankin
and Frank NJ. Mixson, under the
United States act of 1891. which
gives the Circuit Court jurisdiction
in any amount, where inter state
commerce is interferred with, and
authorizes a judgment for three times
the value of the property, reasonable
counsel fees aud costs.
TIE CONTEMPT CASES.
In Charleston yesterday the State
seems to have lost in the opening
skirmish over the contempt cases.
There was notable gathering OF at
torneys and others.
The Charleston Post of yesterday
afternoon thus reports the proceed
ings:
The first case called was. that OF
Geo. H. Neither against Constables
J. n. Clanton and Samuel Newmas.
After the reading of the rule, the
assistant Attorney General arose and
made motion to quash the present
proceedings on the ground that the
court had not jurisdiction, the CON
stables having been acting consclen,
tiously in the discharge of their
duties as officers of the dispensary
law, and that while the Beach habeas
corpus proceedings are pending in
the United States Supreme Court,
the present action is extraordinary.
Mr.. Bryan interrupting, stated that
no such writ had been issued The
Supreme Court had simply permitted
the State file writ to be heard. but
had not yet granted it and may never
do so.
Mr.. Townsend claimed that the
petitioners had no authority to insti-
tute proceedings under the "Jas.
Donald ct al case" There were no
allegations nor proofs in the present
petitions that the constabIes had VIC
lated the Donald injunction, as Chiel
Holley and Constable Gardner were
the only officers who had been re-
strained.
"Who is to Judge whether the
liquor imported is for personal use OF
for sale ?" asked Mr. Townsend, "it
there are no restrictions placed upon
the importation of liquor the dispen-
sary law is practically nullified y
The Judge hereupon limited thai
certain assurances of the assistant
Attorney General which had beer
given have not been carried out
Mr.. Townsend stated that the failure
was due to causes beyond his con
troll.
The court expressed surprise
that this move had not been made be-
fore the Court of Appeals at the same
time as the registration case.
eve really didn't have time, your
Honor, am exceedingly anxious tc