The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1895-05-15

On The contrary the dlSpenra1v law |
makes the most ample provision for
the purchase of alcoholic liquors in
this State. and elsewhere. For Their !
distribution III convenient packages !
within the reach of nearly every per
son throughout all portions of the |
State. for use and consumption by the
people of the State, and in every Wy
it encourages such use and consunp-
ton. Even in localities in which the
majority of the inhabitants refuse to
have dispensary, provision is made !
for the procurement Of alcoholic IL
quor by those persons within the To-
cality who desire to use it. Alcoholic
liquor is declared to be contraband
and against morals, good health and
safety of the State, only when it is not
imported by the dispenser, or is not in
his hands, or in the hands of some one
with his permission. Alcoholic Il
quors imported into this State and de-
clared contraband, and so subject to
seizure, just as soon as they are seized
and passed into the hands of the dis
penser, lose their injurious qualities,
are put into the channels of distribu-
ton and are sold to the people of the
State for their use and consumption.
1t is not necessary to go into min.
ute and detailed examination of all
the provisions Of the dispensary law,
nor to determine whether all these
provisions are, or are not in the eXer-
else of the police power. 1t is suffici-
ent for the purposes of this case to say
that In so faras the dispensary law for
bids a citizen to purchase in other
State, and to import into this State al
coholic liquors for his own use and
consumption, the products of other
State, it discriminates against the pro-
ducts of other states. Such discrimina-
ton cannot be made under the guise
of the police power. Walling VS..
Michigan, 116 Z. S., 446, cited and ap-
proved in Plubley VS., Massachusetts,,
155 Z. S., All. Ernest VS.. Missouri
156 Z. S., 296. And further in SO far
as this act permits the chief dispenser
to purchase in other States alcoholic
liquor, and to import them into this
State for the purpose of selling tkern,
for use and consumption, at retail
within the State, and forbids all other
persons from SO purchasing and i'm
porting for their individual use and
consumption, it discrlminates against
all other citizens Of the State. 1t also
makes discrimination against all per
sons in the trade in other States who
are not patronized by the State dispen-
ser, folbidding them to seek customers
within the State, and to en- joy com
mercial intercourse secured to others
in this State.
These conclusions rest on this dis
elimination. If it did not exist, and
if all alcoholic liquors were excluded
from the State, or if all persons were
forbidden to import alcoholic liquors,
or if the laws of South Carolina had
declared that all alcoholic liquors
were of such poisonous and detriment-
al character, and that their use and
consumption as a beverage were
against the morals, good health and
safety of the State, other and different
questions would arise.
Let an injunction issue as prayed
for in the bill.
THE INJUNCTION.
On motion of J. P. K. Bryan, etc, it
is ordered, adjudged and decreed that
writ of injunction be awarded and
do issue out of this court, command
ing and enicining and restraining the
defendants, M. T. Holley., Sr., as chief
constable of the State Of South Ca.o-
lima, and all other State constables of
the State of South Carolina, and oil
GERS and others persons acting under
him, and their successors in office, and
also the defendents. J. NJ. Scott, +. NJ.
Gardner and E. G. Beach and all other
State constables of the State of South
Carolina and all county sheritfs and
their deputies and all municipal OIL
GERS chiefs of police and all other ot1i-
GERS of the State of South Carolina, or
of any county, city or town of the said
State of South Carolina, and all per-
sons whomsoever acting or claiming
to act under the authority Of the act of
the General Assembly of the State of
South Carolina, approved January g.
1895, or under any warrant issued by
or under authority thereof from selz-
ing or attempting to seize in transit or
otherwise, both before and after arrl-
val in the State of South Carolina, and
at any place in the State of South Car
olina, and from taking, carry away or
confscating any packages whatsoever
| of ales wines, beers or spirituous IL
quors, or any intoxicating liquours,
the product of any other State or
foreign country, imported into, or
brought into the State of South Caro-
lima by any means of transportation
whatsoever, by the complainant James
Donald, or any other person whomso-
ever, for his own use and consumption,
and from entering focibly or search
ing or attempting to seach 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 vehlcIe
of interstate commerce or any vehicle
whatsoever within this State for such
Intoxicating liquors as aforesaid i'm
ported or brought into this State for
his use or consumption Or from hinder
ing and preventing by any means
whatsoever the complainant. James
Donald, or any other person in the
State of South Carolina as importer
and consumer of the ales. beers, wines
and spirituous liquors of other States
and foreign counties from importing,
holding, possessing, using and con-
suming the said intoxicating liquors as
aforesaid, so imported for his. use and
consumption.
CHARLES H. S1MONToN,
May Sth, 1895. Circuit Judge.
THE DUNBAR CASE.
In the case brought by one Dunbar,
through Messrs. Pope and Caldwell,
1rHpe Simonton also delivered the