The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-05-09
CAROLINA LOSES BOTH CASES.
THE DISPENSARY AND REGISTRA-
TION LAWS INVALID.

Judge GoR Hands Down the Decis-
ion in the Election Case and Judge
Simonton That Affecting the Ii
ouor Law-The Registration Law
characterized rs Close ON the Bor-
d,rIand Thai Divides Outrage
From Crime-The Liquor Law in
Violation of the Interstate Com
meree Law.
columbia. S. c., May s.-The state is in
2 foment tonight. The United States
circuit court has come with its strong
arm and delt the government Of the state
of South Carolina two terrific blows. Many
have looked lightly upon the issues that
have been pending in the court during the
past week, but those issues have been as
momentous as any that ever arose in the
old Palmetto State, and it is not within
the power Of a prophet or the SON of a
prophet TO forecast the consequential
events which will follow in the next six
months. At one fell stroke the registra-
ton laws Of the state have been knocked
into a cooked hat, throwing open the bal
lot box 20 everybody to vote without a
registration certificate, something that is
likely to cause a struggle in the election
OF delegates to the constitutional conven-
tion. something that revolutionizes the
voting system Of the state, for the COVER
nor declares that he will not cali the leg
islature together TO enact new law; and
the dispensary system has been practically
killed, the law being nullifed in so far as
the vitally important Interstate commerce
feature is concerned. it now being allowed
any one 10 bring liquors into the state
from wheresoever he pleases, and be pro-
tected in the possession thereof.
These are the two matters that confront
the present state administration and they
are grave ones. Notwithstanding this,
Gov. Evans declares that he is going
ahead with the seizures of liquors. TO get
the liquor case IN the United States SUI
preme court The question of every hour
now might be said to be what next"
And of far greater Importance than any
thing else Is the mandate of the court In
the registration cases, though perhaps
the practical notification of the dispensary
law is of more general interest to the
people OF the state Itself and those out
side the state.
Judge Con rendered the decision in the
registration case. The court room was
packed so that standing room could not
oe found. Scores of negroes were present,
as were no end of liquor men. The ne
groes, when Judge Gof ended, murmured
Inelr approval and order had to be re-
stored.
After recounting the provisions of the
law and the acts bearing thereon, to-
gether with the facts of the case, he
traced the negroes career from the time
OF slavery, gave the history of the passage
OF the lith and 18th amendments; pro-
ceeded TO show that these rights could not
be abridged, held that the law in this
respect was unconstitutional and said the
provisions of the registration laws seemed
10 him almost incredible; yet he thought
them correct.
The statement this complainant makes
Is appalling, the outrage stupendOus, the
result close on the bOrderland that divides
outrage from crime"
The constitutional convention act cured
no defects. The state frankly admitted
that the object was to disfranchise as
many negroes as possible. He held that
lne laws were uncOns titutional in toto;
that the court had jurisdiction, etc.
ne held that certificates of registration
could not be demanded; that no official Of
any state was above the Law.
lie remarked that inclination mingled
with duty in this matter. He was very
severe on the position of the state in re-
Eardlng the court as a foreign jurisdiction.
rms position was as strange and wonder
ful to him as the story he had just heard
IN this case. He passed an order, as prayed
Ior, restraining and enjOining the super
Ylsor of REGISTRATION as an official and in-
dlVldually from the performance of any
OF the acts mentioned and complained of.
-ne injunction Is perpetual.
Gov. Evans declares that he will not
cau an extra session of the legislature.
he says the fight Will have to come on
Tree ballot and regards the situation as
grave crisis. Tonight he said You can
say tnat l am wrought up with indigna-
uon, and that we will take the decree,
Iead y carefully and present OUT refiec-
uons to the people of the state in due
season. 1t is the gTavest question that
ever confronted us, and the people may
rest assured that we will take no action
without mature elaboration. The time has
come now to act and at the proper time
viii act in a manner that no true South
Carohnian can fail to uphold. But they
may rest assured that white supremacy
IN South Carolina win be maintained
Judge Simonton rendered the decision
IN the dispensary case, which created a
profound sensation 1t was the case from
Charleston. After reviewing the case and
holding that the court had jurisdiction he
sald; The dispensary law nowhere de-
ciares that the use and consumption of
alcoholic liquors in themselves are inju-
rlous to the morals. good health, and
safety of the state, or of her people. On
the contrary, the dispensary law makes
me most ample provision for the purchase
OF alcoholic liquors in this state, and
elseWhere, for their distribution in con-
Nehleht packages within reach of nearly
every person throughout all portions of
.iile state for use and consumption by
the people of the state, and in every way
II encourages such use and consumption.
EVen in localities in which the majority
VI lhe inhabitants refuse to have a dis
pensary provision is made for the pro-
curement of alcoholic liquor by those per
sons within the locality who desire to use
-. Alcohohc liquor is declared to be con-
LIapand and against the morals, good
nealth and safety of the state only when
II Is not imported by the dispenser, or is
noI IN his hands, or in the hands of some
Une with his permission Alcoholic liq-
uors imported into this state and declared
Soniraband, and injurious to the good
nsdlth, morals and safety of the state,
.9nu so subject to seizure, just as soon as
~ offey are seized and passed into the hands
Hi lhe dispenser lose their injurious Gfal-
tiLeS, are put into the channels of distri-
luton and are sold to the people of the
stdIe Tor their use and consumption.
~ is not necessary to go into a minute
He yalled examination into all the provis-
IONS IONS OF the dispensary law, nor to determ-
tue whether all these provisions are or
are not in the exercise of tAe police
PoWef 1t Is sufficient for the purposes of
5nls case to say: That in so far as the
ooilspensary oi law forbids a citizen to pur-
1hase IN other states. and to import into
ms state alcoholic liquors for his own
use and consumption, the products of
olher states, it discriminates against the
pIoducts of other states. Such diserlmi-
uauon cannot be made under the guise
Sl the police power. And further, in so
gar as this act permits the chief dispenser
70 purchase in other states alcoholic IL
quorS and to import them into this state