Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1895-05-10
REGISTRATION AND DISPENSARY.
One Wiped Out and the Other Wounded
Unto Death.

One Wiped Out and the Other Wounded
Unto Death.
The anxiously awaited opinions of
Judges Simonton and Golf, on the
registration and dispensary questions,
were delivered last Wednesday. The
questions involved were whether the
registration law of South Carolina is
in violation Of the constitution of the
United States, and whether the pro-
vision of the dispensary act which,
prohibits the bringing of liquor into
the State, is a violation of the inter-
State commerce law. Judge Golf has
decided that the registration law is
unconstitutional, and Judge Simonton
has rendered a decision il which he
holds that the section ofthe dispensary
law referred to is in violation of the
Interstate commerce act.
Judge Goff's opinion on the registra-
ton case is quite lengthy. He sums
up the case from the beginning, goes
into the various decisions of the
supreme court affecting the political
standing of the Negro from the founda-
ton of the government, assumes that
the registration laws of this State are
for the sole purpose Of limiting the
Negro's right of suffrage, and then
goes into a discussion of the constitu-
tional merits of the registration law
itself. He says he finds no warrant in
the constitution for the requirement of
a registration certificate. He cannot
understand why a citizen who failed
for any reason, to get a certificate in
1882, should forever after be denied the
right to vote, and thinks that the act
of 1894, intended to provide for such
cases, acts as hardship, is unreason-
able, burdensome' and clearly impedes
the exercise of constitutional rights.
The registration books close in July.
The election is in November following.
During the four months usually devoted
by the people to an examination Of the
public questions at issue, the voter who
has been unable to qualify himself to
vote, is 10 longer able to do so.
~ was asked" continues Judge Golf,
Sin case any portion Of the said registra-
ton laws should be found invalid, to
eliminate the part 50 found and decree
that the remaining section should stand.
have not been able to make the separa-
ton, for find it all so interviewer as to
render it impracticable, so far as results
are concerned, and cannot winnow when
there is no grain. In behal OF those so
treated, all interested III the welfare OF
1acironc of cQQioo itS
laws enforced, should protest, in order
that public sentiment should no longer be
dormant, but may by its activity rouse the
community that has long suffered by such
outrages to realization oftheir cause, and
to an appreciation ofthe beneficial results
to be secured by the abolishment Of the
system that has caused them"
In conclusion, Judge Golf said he
would issue the order of injunction
prayed for against the supervisors Of
registration, but declined to issue all
Injunction against the holding of the
proposed constitutional convention.
AGAINST THE DIsPENsARY.
The dispensary opinion was not so
lengthy as that in the case OF the reg
istration law. 1t was written BY Judge
Simonton. He devoted himself to
showing that the dispensary law was
not intended as police regulation,
but merely as State monopoly of the
liquor business for revenue only. The
effect of the decision will be fully COM
pretended in the following far reach
ing order, signed by the court:
On hearing and filing return of the de-
PENDANTS herein to the rule to show cause
herein dated and filed the LIST day OF May,
1895, why all injunction should not issue
against the defendant as prayed in the bill
Of complaint, filed in this court on the
25th day of April, 1895, and upon motion
of Bryan Il Bryan, counsel for the COM
plaint, and upon hearing j. P. X. Bryan,
counsel for complainant, and VIM. A. Bar
ber, attorney general Of South Carolina,
and G. P. Townsend, assistant attorney
general of South Carolina, counsel for the
defendants, and upon due consideration
thereof, it is now
Ordered, adjudged and decreed that
writ of Injunction be awarded and do is
sue out of this court commanding and en-
Joining and restraining the defendants, NJ.
r, Holley, ST., as chief constable OF the
State of South Carolina, and all other per-
sons acting under him, his and their sue
cessors in office, and also the defendants,
J. NJ. Scott, R. NJ. Gardner and L. G.
Beach, and all other State constables of the
State of South Carolina, and all county
sheriffs and their deputies and all munich
pal officers, chiefs of police and policemen,
and all other officers of the State OF South
Carolina, or any county, city or town
of the said State of South Carolina, and
all persons whomsoever acting or claiming,
to act under the authority of the act OF
the general assembly ofthe State of South
Carolina, approved January 2, 1885, or un-
der any warrant issued by or under au-
thority thereof from seizing or attempting
to seize in transit or otherwise, both before
and after arrival in the State OF South Car
olna, and at anyiplace in the State OF South
Carolina, take, carry away or conhscate
any packages whatsoever of ales, wines,
beers or spirituous liquors, or any intoxi-
eating 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 whatso-
ever, by complainant James Donald, or
any other person whomsoever, for his own
use and consumption, and from entering
or forcibly searching or attempting to
search the premises or dwelling OF the
complainant James Donald or any other
person in the State of South Carolina or
any railroad depot, railroad car, or steam
boat or sailing vessel, or other vehicle OF
Interstate. commerce or any vehicle what
soever within this State for transporting