The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1895-05-09
SOUTH CAROLINA laws.
y cgarding The Liquor Traffic De-
Clared Unconstitutional.
A BLOW AT CITIZENS RIGHTS

Judge simonton Declares That the Law |
Disoriminates Against the Products of |
other states-Governor Evans Declares |
He VIII Continue the Seizures.
COLUMBIA, S. c., May "a great crowd |
gathered at the United States court room |
to hear the decisions in the registration |
and dispensary cases. People were packed |
like sardines in its somewhat limited |
space and in the corridor leading to it.
Judges Goff and Simonton, of the United
States circuit court, were both on the
bench. When the registration decision
was read the collected spectators expressed
their joy so noisily that they had to be
called to order The case brought by Pope
and Caldwell to prevent the holding ofth
constitutional convention was thrown out
Of court as we'll also as their dispensary
case. The decisions were rendered upon
the dispensary case brought by j. Z. X.
Bryan, of Charleston, and the registra-
tion case brought by S. A. Douglass, OF
Washington.
Judge Simonton read the decision in
the dispsnsary case. After reviewing 1t
he held that 1t was not q suit against the
state, and that the court sitting in equity
had jurisdiction over it. He said:
"It is not necessary TO go into minute
| and detailed examination of all the provis-
ions of the dispensary law 1t is sufficient
for the purposes of this case to say that
in so far as the dispensary law forbids a
citizen to purchase in other states and to
import into this state alcoholic liquors for
his own use and consumption, the pro-
ducts of other states, it discriminates
against the products of other states.
i az ha
under the guise of the police power and
/ further, in 80 far as this act permits the
chief dispenser to purchase in other states
alcoholic liquors and to import them into
this state for the purpose of selling them
/ for use and consumption at retail within
the state, and forbids all other persons
i from so purchasing and importing for
/ their individual use and consumption, it
/ discriminates against all persons in the
i trade in other states who are not patron
| lied by rhe state dispenser forbidding
| them to seek customers within the state,
| and to enjoy a commercial intercourse Sc.
cured to others in this state. Let an in
| junction issue"'
The contempt cases against State Liquor
| Commissioner Mixson and Constables
Davis and Lafar were dismissed, it being
considered that they had purged them
selves of contempt.
The opponents of the dispensary system
naturally are highly elated and the wires
are kept hot ordering liquor from Augusta
and other points outside of the state.
The state authorities, while defeated,
propose to continue the fight Governor
Evans says seizures will be made to test
the injunction, but it had not been fully
determined exactly what course would be
pursued The Southern express officials
called upon Governor Evans to find out
whether they would be liable under the
state law for bringing in articles that
they would be compelled to under the
decision. The governor gave them no
definite answer, but told them they had
better go slow until the state decided
what course it would pursue.
Judge Goff read the decision declaring
the registration laws of South Carolina
unconstitutional. Judge Goffs decision
is very lengthy and exhaustive. After
stating the salient feature of the case as
presented by the attorneys he carefully re.
views the history of the thirteenth, four
teenth and fifteenth amendments to the
federal constitution, whose express pur-
pose he holds was to guarantee the right
of suffrage to the citizens of African de-
scent.
He declares that the registration laws
!. of South Carolina are in conflict with
4 those provisions, in that their evident in
tent and purpose is to facilitate the voting
of white citizens while making 1t hard for
the "inferior race" to prepare for casting
their ballots. He reviews the provisions
. of the registration law to show how hard
they make 1t for African citizens to vote.
He says:
81 find no warrant in the legislation for
the forfeit required by the registration
law to be issued to the voter, the produc-
ton Of which is required at the polls OF
E his vote is to be rejected. This is not reg
istration, which is simply the entering on
the books or lists of voters Of the names
of those qualified under the legislation tC
vote but it is an additional requirement
to those mentioned in the organic law
not intended, am constrained to believe
to facilitate the full free and legal expires
sion of those entitled to exercise the righ
of suffrage Such requirement is unreas
enable, burdensome and harassing, and /
clearly impedes and abridges the right o
the constitutional voters of the state tt
cast their ballots"
AS Judge Goff has not enjoined the hold
ing of the constitutional convention, il
will be held, probably without any regis
! tration provisions at all, the whites being
confident they can carry it.