The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1895-03-19
EVANS ON THE DECISION.
judge Simonton Declares tho Dis.
pcnsary Law Unconstitutional
Governor Has u Word to Say About

judge Simonton Declares tho Dis.
pensary Law Unconstttutional-T
Governor Has u Word to Say About
In the United States Court a few
days ago Judge Simonton handed
downIa IA decision in the habeas corpus
cases of the master and crew of the
schooner Carolina, who had been
arrested on u charge OF violating the
dispeasarY law. Thcir vessel con-
tanned u cargo Of liquor brought from
Savannah to the port OF Charleston,
which was seized by the police and
Stateconstables and contiscated, Suits
were brought to transfer tho case to
the Federal court, end the master and
crew of the vessel were brought into
that court on habeas corpus. In the
decision which orders the release of
the nen from custody, Judge Simonton
expresses the opinion that the arrest
and detention OF the defendants was
aga fist the interstate commerce law,
andithat the dispensary law is uncon-
stitatiOnal aud indicates that 1t would
bo lest for the State and tho public
for the case to be carried speedily
befsro the Sapremo Court OF the
Unted States.
When Governor Evans was asked
abdit tho decision OF Judge Simonton
in the "Carolina" habeas corpus
casS, Tho had but very little to say.
Bui in that little he made clear his
determination to seize I'LL contraband
liqior brought into the State upon its
ARRIVAL at its destination.
Governor Evans said: 81 don't
wtht to comment on the decision until
| box into it thoroughly. | cannot
SCI. however how he can find as no
does, for the facts do not supper the
pssition he takes. He finds that the
gods were still in transit. The facts
asgiven to me show that the boat was
import at the time, was at tho place
Of her destination that tho line had
bcep thrown from tho shore. [ will
say that we are going ahead seizing
evcy boat as it comes in, and that we
are still doing business at the same
old stand. Tho constablcs are to go
aheld and seize every vessel by my
ordtrs. Judge Simonton decides that
80 fir as these prisoners are concerned
thefispensary law is null and void, on
the grounds that they were engaged
In Interstate traf1ice, and the goods
ha9 not arrived at the point OF destina-
tioA. The interstate commerce law Is
OF course feature Of the law, but
CS'S ICES 10 1uc oHiy pOWof WHICH Cttn
have anything to do with that. We
clsm that under the Wilson act we
cah seizo any liquor upon it's arrival
at it's destination. The dispcnsary
lay is an exact copy OF tho Wilson act
aId the United States revenue laws.
III he holds one demonstrations he
Wlst also hold the others unconstitu-
tpnal. We are not interfering with
ifterstate commerce at ALL"
Whom the Governor was asked about
JHge Simonton's suggestion that it
vas for the best interest Of all parties
clncernod to have u speedy settlement
o. all questions as to the dispcnsary
law in the United States Supreme
burt, he said: "Wc will do us we
se fit about that without any sug-
gstion from Judge Simonton. Tho
decision he renders does not affect tho
oIeration OF the dispensary law. 1t
oIy says we can't arrest persons en-
gaSed in interstate commerce. We
Gait arrest people for bringing liquor
IMP the State, but wo can take charge
OF tho matter just as soon as the Ii
qur arrives at its point Of destina-
tih."