Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1895-05-09
A VIOLATION OF Law.
South Carolina Must Not Prevent the
Importation of Liquors.
Practical Annullnent Of State
Dispensary System.
Cou.t Decides That individuals Have Same
Flights a. Commonwealth.

COLUMBIA, 9. c., May 0.-Judgcs Simon
ton and GoH have decided that the provi
don Of tho state dispcnsary law preventing
importations Of liquor for private use into
this state Is contrary to the Interstate com
merce regulations and Is null and void
An Injunction has been issued restraining
the seizure of such liquor
A great crowd gathered at the United
States room to hear the decision. People
were packed like sardines In Its somewhat
limited space and in the corridor loading
to IL.
Judges GofY and Simonton OF the United
States circuit court were both on the
bench When the registration decision wa
read the spectators expressed their JOY sc
noisily that they had to be called to order
The case brought by Pope and Caldwell to
prevent the holding of the constitutional
convention was thrown out OF court, n
well as the dspensary case.
The decisions rendered upon the dis
pensary case were brought by j. r.
BRYAN of Charleston, and the registration
case was brought by Q. A. Douglass oi
Washington. Judge Simonton read the
decision In tho dispensary case. After re-
viewing it, he held that it was not suit
against the state and thst the court sitting
in equity had jurisdicti, ~ yer it. He said:
Judge simontOn's Summing Up.
"It is not necessary TO go into minute
and detailed examination OF all the provi
sions of the dispensary law. 1t Is sufficient
for the purposes of this case to say that In
so far as the dispensary law forbids citi
zen to purchase in other states, and, In that
case, to import into the state alcoholic
- IA ov,1 SVNti
the products of other states, 1t discrimi'
mates against the products Of other states
"Such determinations cannot be made
under the guise of the police power, and
further in SO far as this act permits the
chief dispenser to purchase in other states
alcoholic liquor and to import 1t into this
state for the purpose of selling 1t, for use
and consumption at retail within the
state, and forbids all other persons from
90 purchasing and importing for their in
dividual use and consumption, it discrimi
mates against all other citizens OF the state.
1t also makes discrimination against all
persons in the trade in other states who
are not patronized by the state dispenser,
forbidding them to seek customers within
the state, and to enjoy sccriminal features
secured to others in this state"
A comprehensive order in conformity
with the above decision was signed by
Judge Simonton.
Contempt Cases Dismissed.
The contempt cases against State Liquor
Commissioner Mixson and Constables
Davis and Lafar were dismissed, 1t being
considered that they had purged them
selves of contempt.
The opponents Of the dispensary system
are highly elated, and the wires were 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 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 fol
bringing in articles that they would be
compelled to do under the decision.
The plan of the administration Is tt
have constable seize liquor, and
when arrested for contempt of court
in having disobeyed Judge Goff's order,
take the case to the federal court on
habeas corpus proceedings.
AS Judge Goff has not enjoined the
holding of a constitutional convention, ii
will be held, probably without any resist
ance, the whites being confident that they
cau hold IT,