The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1895-12-17
THR sTATH.S b LEGAL BATTLES.
THE ATToRNEY GENERALS AN
NUAI REPORT.
A Year OF Extraordinary litigation;
The Rcgis.r raf lion and Dispensary
Gases Cnnswmp Much Time.

Gases Consume r"ch Aihe'
/ The ANIMAL report OF Attorney Gen
eral Barber contains some interesting
information as the large number o
very important Eases the uepartmen
has had to deal lth during the pas
year. 1t is quHe Q ,remarkaple lac
that notwithstaT Tifng the eighty cases
number than usual, and the fact tha
i most of them were of q very importan,
/ character, the Attorney General makes
/ recommendat that only two fees fol
outside assistance be paid. These are
| the fees of General McCrady and
| George S. Mower, Esq, who were
called to assist in the registration
cases.
ATTORNEY GSneral Barber gives q
brief sta.emeIt of all the cases arising
during the yefr and the status of those
still pending On appeals to the higher
eonrssiS { iall ysand most perspicuously
* good proportion OF the eighty
cases have not been finally aijudicat-
ed as yet.
In concluding his report, Attorney
General Barber says:
BY law the Attorney General is re-
quired to give advice to all State
officers. During the present year the
: new scheme OF county government es-
tablishedI by the General Assembly
went Interpretation. In consequence of
the, chanke, which had to be made
suddenlyI and the apparent inconsis-
tencies bktween the new act and the
old acts ubder which the county gov
ernment WAS administered by the old
county cdnml lssioners, the new officers
elected and9r the law experienced
4 A. l. l.
its construction.
every county in the State were made
by the Attorney General as to the
proper Interpretation of the law. For
the purpose OF aiding the new officers
elected in the discharge of their
duties and to produce uniformity in it's
execution, an exposition Of the act was
prepared and sent to each county su-
pervisor in the State. The views of
this Office were generally adopted and
the new scheme has been put in sue
cessfully operation and is now working
we'll.
"The dispensary act, approved Sd of
January, A. d. 1894, went into opera
tion Immediately after its approval.
In some Of it's features it was more
stringent than the other acts on this
subject, and it has been vigorously and
persistenty assailed during the year
in both the State and United States
courts.
Its constitutionality was assailed
in the United States courts on various
grounds. Numerous actions for dam
ages have been brought on the law
side against constables for the seizure
of liquors in which damages were
claimed. These were based principal.
ly upon the grounds that the act Is in
conflict with the constitution of the
United States and the acts of Congress
relating TO Interstate commerce, and
that it establishes a monopoly In the
liquor traffic in restraint of trade.
I'm equity, suits have also been in
stituted playing for injunction to re-
strain the State constables and other
officers from seizing liquors imported
into the State for personal use and for
searches, for seizures of such at
the residences of the importers. Judge
Simohton, in the case of James Donald
vs.: j. M. Scott and others. granted an
injunction restraining the State con-
into the State for personal use, which
is still of force. An appeal has boen
taken from hin decree To the Supreme
Court of the United States. which is
now pending, and which, when adju-
dicated, will settle the question Of the
right of a citiz.n to impurt within the
State for his own use. Another suit
In guilty, instituted bN James Duuhar
" Jrnn Ca Evans ami oth.'r muin.
bers of tn" Shat board "f control, nnd
oth RS is att pending in the Circuit
Court.
In this adtion the dispensary ant ls
upo1A numerous constitutional
Tlke bill charges that it is
In conf ct with may sections of the
Yn, titutlons p the United States and
u State
c.et cne Uses greS IT. many contempt pro
Unts Court t9"rs to pnnine ine
constaNes far Violations of the order
OF lnJunEtlon graTted by Judge Simon
ton. Wnen theSe were heard, Judge
y, q. Simontqn explained the order
ana heia Chat Where constables acted
rom lacos, pr inferences of facts,
saio snEw,ng my nnt .ne Siquor was intended for
sale anu noC .S personal use, in max
ing seizures tnSy would be justified in
their actlen. 5fnphe numerous cases,
but three c9hstabies were adjudged
IN con1empE for disobedience of the or
der: Ihis ruling deferred many i'm
porters from b,ingfng liquors within
the State, under the ol,ise of importinp
them for personal hse. when thew were
really intended foS sale and enabled
the State constabtes IN exercise a wise
uiecre1loh ~ lpaklnI seizures, and in
5hls way yiolatlons Of the dispensary
laW oave oeen materially checked.
IN sohiS vi Ghe tawns and cities In
UHS oUdU0 Uu6TS mas Dean ofr hhnnn on
position and resistauCe to The Law r.
has been difficult in plain oases to se.
cure convictions by Juries, notably in
Charleston. In this city It became
necessary to resort TO contempt pro-
ceedings to reach Offenders and to
make a motion for change of venue
of cases pending before the grand Jury
In consequence of failure to find true
bills
Z" 1t has required q great deal OF
time of the Attorney General and the
Assistant during the present year to
defend these numerousiadtions arising
under the dispensary law
| During the present fiscal year the
registration and election laws OF South
I Carolina were also attacked In the
courts. Four actions were instituted tc
| test their constitutionalitH, one in the
/ State court and three III the United
States Court. An emineht citizen oi
the State filed petition lin the State
i Supreme Court praying foR an order oI
injunction to restrain the hroper State
officers from issuing variants for the
\ salary Of the auparuiao,, ofIan;at.o+tnx