The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1895-09-10
THE DIsPENsARY CASES.
The State Gets the Best of the Fight
In the United States Court.

The State Gets the Best of tho Fight
In the United States Court.
Greenville Mountainear.
The first of a series Of cases brought
by the enemies of the dispensary law
was heard by Judge Charles H. Simon
ton in the Federal building on We'd
nesday morning. This is the case of
/ one Lowenstein, citizen OF North
Carolina, against Gov. John Gary
Evans and others, members of the
State board of control. The complain
ant sues the board of control for $3.50,
being three times the value OF pack
age of liquor seized and confiscated by
the authorities and belonging to Low
enstein.
The action is brought under the an
ti-monopoly law passed by Congress in
1890. This law forbids the creation of
monopoly by any person, corporation
or association, and the question is
whether or not the State can be con-
sidered as coming under either of
these three heads. The defence en-
tered a demurrer to the complaint,
claiming that the action is in reality
against the State, as the defendants
are acting as the agents of the State
and by its authority, and also claiming
tiOn Of the anti-monopoly law
The complainant was represented by
Murphy & FarrOw, while Attorney
General Barber and his assistant, @.
T. Townsend, appeared for the State
board of control. Mr.. Barber made the
opening argument, defining fully the
position of the defense and giving nu-
merous authorities to sustain it. Mr..
Farrow followed for the complainant
in u lengthy and able argument He
spoke from typewriter manuscript
and his citations of authorities were
numerous. District Attorney Murphy
was unwell and spoke only short
while, He attempted reductio ad
absiurdum of the argument in favor OF
the dispensary law and dwelt on the
spirit Of the anti-monopoly law.
Judge Simonton interrupted Mr..
Murphy and stated the point at issue,
desiring him to contine his argument
to that. The court held that if the
State had given monopoly of the whis-
key business to q corporation, the act
would be fatally defective, but that
such was not the case. "Is the State
a person, corporation or association"
asked Judge Simonton and to this
question Mr.. Murphy directed the rest
of his argument.
The Attorney General concluded the
argument in an able speech, denying
that the anti-mOnOpoly law applied in
this case.
1t is probable that Judge Simonton
will come to decision in the case in q
week or ten days, and those capable of
Judging think it will be favorable to
the dispensary law.
In the afternoon, Judge Simonton
heard the cases against the State con-
fol l>1 T.l La.
who made the raid on tho Columbia
Club. The case was brought on Pc
titions from N. G. Gonzales and a. E.
Gonzales and w. e. Gonzales, claiming
the officers had unlawfully seized IL
quor belonging to two of the petition
ers and intended for their personal use.
The petitions were read by Mr.. Fl. G..
Patton, attorney for the Gonzales, the
answer Of the policemen by Mr.. J. p.
Thomas, Jr., city attorney Of Colum-
bia, and the answer of the cOnstables
by Assistant Attorney General Town
send. The respondents declared that
they had no intention of showing con-
tempt for the orders of the court and
claimed that their actions were au-
| thorized by law.
Judge SimontOn said question of
fact arose as TO whether the liquor was
used only by the owners and whether
the Columbia Club We" a. place where
habitual drinking was practiced. In
order to settle the question, testimony
would have to be taken, and for that
purpose he would appoint referee.
The court requested counsel to agree
on suitable person for referee, and j.
II. Barron, of Columbia, was selected
and appointed by the court. The
referee is to take testimony on he
questions involved and submit IL "
Judge Simonton without making any
decision in the matter.
1t is generally thought that the
members of the club will be unable to
prove that the club was not place for
habitual drinking and in that case the
officers will be released.
Policeman Strickland and Con.
stables Lafar, Speed, Davis and
Moorehead, who was policeman
when the raid was made, were o.
course present and showed deep in
terest in the case.
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