The sun., 1895-05-09
DEFEAT FOR TILLMANISM.
JUDGEs G0FFAND sIMoNToN MAKE
SWEEPING DECISIONS AGAINST IT.
The ReCistrntion Law, Made to Disrrnu-
chise Negroes. Declared Unconrtitu-
uonni-Tho Dlspensnrr Law Also Void
In Stopping Inter state Commerce.

The ReGistrntion Law, Made to Disrran-
chise Negroes. Declared Unconrtitu-
uonni-Tho Dispensnry Law Also Void
In Stopping Inter state Commerce.
CoLuMBrA, S. c.. May s.-Tho decision in the
famous registration case. testing the legality OF
the recent state law. was read by Judge Goff In
the United States Circuit Court at noon to-day.
Judge Goff held that the court has jurisdiction;
that no official. State or national is above the
law; that as to tho consttutonalty OF the Reg
istration laws that citizens OF a State arc cti-
zens OF the United States residing In that State.
The contention was upheld that tho rcgistra-
tion laws requirement of certificates Is not
warranted by law and that the Circuit Court is
court of the state of South Carolina as OF the
United States. Judge Goff therefore made the
injunction permanent against the enforcement
OF tho South Carolina Registration and Election
laws.
Judge Simonton then read his decision in the
dispcnsary case, declaring that the Dispensnry
law is in violation of tho United States Inter-
State Commerce law.
The entire State is excited tonight over the
decisions OF the court. Tho Governor asserts
that he will not call the Legislature together to
reGnact new law. The dsrcnsary system has
been badly worsted, the law being practically
nulifed in so far as the Interstate commerce
feature is concerned, and the importation OF
liquors into the state becomes allowable.
In his decision Judge Con traced the political
standing of the negro from the time of slavery.
He declared that the negroes rights could not
be abridged, holding that the law in this respect
WAS unconstitutional.
The statement this complainant makes is
appalling" said Judge Goff and the result close
on the border that divides outrage from crime"
The state frankly admitted that the object
sSe to ss @ IS nesDei
ton OF the state in regarding the court rs n
to-nigh: that the question was the gravcst that
ever confronted south Carolina, and added:
take no action without mature dclberation.
The time has come now to act and ut the proper
Carolinian can fail 10 uphold. But they may
rest assured RED, tn that white supremacy In South
Judge Simonton's decision in the dispensary
case was in case from Charleston. Reviewing
t. IT, and holding 'h"t the court had jurisdiction'
1T is sufficient for the purposes Of this case
to say; Tha, ,,- in so far as the dispensary
cohoic liquors for his own, use and
it discriminates against tho product of other
States. such discr limitation cannot be made
ane Sc n as he &
penscr to purchase in other States alcoholic
LIQUORS and to import t, them into this state
consumption at retail within the state. and
fOrbids all other persons from so purchasing
and importing for their individual use and con-
sumption, it discrimnates against all other citi-
zens of the state. 1t also makes lscrimina.
tion against all persons in the trade in other
States who are not pAtroniZcd hy the state dis
penser. forbiddtng them to seek customers
within the State and to enjoy commercial in
tercourse assured to others In this State
These conclusions rest on this discrimina-
ton, II 1t did not exist and IL all alcoholic liquors
were excluded from the state or II all persons
were forbidden to import alcoholic liquors.
II the laws of South Carolina had
poisonous and detrimental character. and tha:
their use and consumption AS a beverage were
against the morals. good health. and safety of
the state. other and different questions would
arise
Gov. Evans declared tonight that the dis
supreme Court as speedily rs possible.
CHARLESTON. :. G.. MAY S.-Thc news of the
decision OF the United States Circuit Court in
the matter of the Dispensary law was received
here to-day with great rejoicing. not by the bar
keepers and liquor dealers alone. but by the en-
tire community. The most odious feature OF
the law. which authorizes the consta bulary to
search private residences and coniiscatc contra
band liquor. is declared unconstitutional by tho
decision.
This injunction granted by the court throws a
protection around all liquor brought by cit-
zen OF South Carolina from any other State.
The Federal authority protects the liquor from
the time II enters the State till It's owner has
consumed 1t. This is regarded here as n vindi-
cation OF the rights of the citizens against en-
croarhmcnt by the State authorities.
The former liquor dealers are not rejoicing
much, as there is nothing in the decision restor-
ing them their right to sell liquor. but the gen.
ceases to pay profit to the state it will be abol-
iSled,