The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-12-04
CAROLINA's LiQUOR CASES.
Gov. Evans Not to Abide by Judge
SimOntOn's Rulings.

Columbia, S. c.. Dec. 3.-Conhicting
feelings of dismay and delight were caus-
Ell here this morning in administration
circles by the announcement of the two
decisions by Judge Simonton in the ex
relatione dispensary cases which he
heard last week.
Gov. Evans has announced that he will
not accept as final anything that Judge
Simonton has done adversely to the
state. but that he will take the case
decided against the state to the
vocates of the dispensary law.
and the administration generally CHARGE
mat Judge Slmonton has largely exceed
Ell MS powers IN the Columbia club cases.
and predict that his decision viii be re-
versed by the higher courts bets are
Delng made as to the tinal result, and
Doth sides seem to be willing TO back
their Judgment with the cash.
Sucelnculy, the issues at the bar In
me columbia club case was whether
the members of the club as individuals
could store their liquors in private lock-
ers in the club rooms, and resort there
10 drink with their TRENDS, the club fur
nlShing the utensils, and ingredients, and
the member "setting-them-up" paying Il
small fee to the attendant who mixed
the drinks. The state held that this was
a violation of the disDensary law, which
declares any place where liquors are
stored, and wnere persons resort to
drink to be a nuisance, and whether this
was true OF not ludl the l nlteu states
circuit court had no jurisdiction in the
matter at all, and that il was entirely
within the jurisdiction of the state courts
to pass upon the issues al bar
The club relied upon the interstate COM
merce act to give the United States courts
jurisdiction, and evidence was given that
some of the liquors seized had been i'm
ported into the state, and were in the orig
inal packages when they were seized. The
state rejOined that the liquors which had
been imported had been delivered at the
homes or the owners, and thereupon had
passed out of the jurisdiction of the Unit
ed states courts, and that a subsequent
deposit OF them in the club rooms byf a
private carrier brought them entirely I'M
der the jurisdiction of the state courts.
Judge Simonton did not, however. take
TINS view OF the matter, and ordered that
the seized liquors be returned and thar
the constables be held in custody until
they. paid the costs of the judicial pro-
ceedings.
In this decree Gov. Evans wilInot abide.
and Will take the matter up on appeal
In the second case, in which Judge Sim
onton decides in favor of the state, and
from which the administration takes COM
fort, the issues were somewhat different.
The liquors had been bought in Richmond,
Va, and imported in the state. Upon their
arrival at New berry, S. c., they were
seized by Dispensary Constable Rankin,
and by him turned over to State Liquor
Commissioners Nixon. The attorneys for
the plaintiff consignee of the liquors
brought action for thrice the value of
the liquors seized, punitive damages, and
a reasonable attorneys fee under the in
ter-State commerce act, but did not al
lege conspiracy to interfere with inter
state commerce." The state held that the
complaint was defective IN this and de-
INJURED to 1t. Judge Simonton sustained
the demurred, and ordered the plaintiff
to pay costs.