The times. [volume] (Richmond, Va.) 1890-1903, 1895-05-09
pUpE DISCRIMINATION.

PURE DISCRIMINATION.
ut Is not necessary 10 go into a MI
mute and detailed examination into all
the provisions OF the dispensary law, nor
to determine whether all these provisions
are. or are not In the exercise OF the po-
lice power II is sufficient for the pur-
pose OF this case 10 say: That I'm so far
as the dispensary law forbids a citizen
TO purchase In other States and TO i'm
port into this State alcoholic liquors for
his own use and consumption. the pro-
ducts Of other states, IT discriminates
against the product OF other States.
"such discrimination cannot be made
under the gulse OF the police power; and,
further. insofar as this act permits the
chief dispenser to purchase in other
States alcoholic liquors. and 10 import
them into this State for the purpose OF
selling them for use and consumption
within the State, and forbids all other
persons from 80 purchasing and import
ing for their individual use and con-
sumption, II discriminates against all
other citizens OF the State. II also makes
a discrimination against all persons in the
trade I'm other States who are not pa
tronized by the State dispenser forbid
ding them 10 seek customers within the
State and 10 enjoy n commercial inter
course secured to others in this State.
'"rhese conclusions rest on this dis
elimination: If IL did not exist, and II
all alcoholic liquors were excluded from
the State or II all persons We're forbid
den TO import alcoholic liquors, or If
the laws Of South Carolina had de-
clared that all alcoholic liquors were Of
such poisonous and detrimental charac-
ter, 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.
THE INJUNCTION.
The injunction is an iron-cIad one. the
meat of il being Ia the following Ian
guage
"Ordered. adjudgea. and decreed. that
a writ OF injunction be awarded and do
issue out Of this court commanding and
enjOning and restraining the defendants,
NJ. r. Holhy, Sr., as chief constable of
the State Of South Carolina. and all other
State constabfes OF the State OF South
Carolina. and officers and other persons
acting under him, and their successors in
Office, and also the defendants j. VI.
Scott. II. NJ. Gardner, and T.. G.. Beach,
and all other State constables OF the
State OF South Carolina. and all county
sheriffs and their deputies. and all NUM-
cipal officers chiefs Of police, and police
men. and all other officers Of the State OF
town Of said State OF South Carolina.
and all persons whomsoever acting or
claiming 20 act under the authority OF
the act Of the General Assembly Of the
State Of South Carolina approved jan
uary 2 1895. or under any warrant is
sued by or under authority thereof from
Selling or attempting TO seize in transit
or otherwise both before and after arrival
I'm the state Of South Carolina, and at
any place In the State Of South Carolina.
take. carry away or cOnfiscate any pack
ages whatsoever OF ales. wines. beers or
spirituous liquors. or any intoxicating
liquors. the product 0f any other State or
foreign country imported into. or brought
into the State OF South Carolina by any
means Of transportation whatsoever, by
the complainant. James Donald. or any
other person wnoms ever for his own Use
and consumption. and from entering for
chilly or searching or attempting 10 search
the premises or dwelling OF the COM
planant. James Donald. or any other
person i'm the State OF South Carolina, or
any railroad depot. railroad car or steam
boat or sailing vessel, or other vehicle
of interstate commerce or any vehicle
whatsoever, within this States for such
intoxicating liquors as aforesaid. imported
or brought into this State for his use or
consumption or from hindering and pre-
venting by any means whatsoever the
complainant. James Donald. or any other
person i'm the State OF South Carolina, as
importer and consumer of the ales, beers.
wines and spirituous liquors OF otEci
States and foreign countries from inn
porting, holding, possessing. using, and
consuming the said intoxicating liquors
as aforesaid so imported for his use and
consumption"
WHAT GOVERNOR EVANS SAYS.
As TO the dispensary, Governor Evans
said Tonight
1T Will continue its operations as here
tofcre, and the case VIII be pushed TO
the Supreme Court of the United States
as speedily as possible. Il IS an absurdi-
ty TO argue that Congress has the right
TO pass law giving TO the State the
power to absolutely control whisky
brought into the borders of the State. as
though II were manufactured IN the State,
and yet powcricss, If perchance per-
Nred bar-keeper may maintain il is for
his own use and consumption. Judge
SimOBt0ns utter disregard FOR the VIII
son act, and OF the original package de-
cision, and Of his own decision hereto
fore rendered, shows the extent 20 which
these people are willing to carry their
animosity to this law Of the people. The
dispensary law Is here 10 stay, and Will
stay and am confident that the Supreme
Court OF the United states will not stulti-
fy itself by such utter disregard of the
acts OF Congress and It's own decisions.
At any rate they Will be given an op-
portunity OF passing on II. Further de-
velopments may be expected. The con-
stabulary will continue to make seizures:
that's the way We have TO get II I'm court
The only way TO get TO the Supreme
Court is by contempt proceedings"
THE INJUNCTION VIOLATED ALREADY.
Judge Con returned to West Virginia
this afternoon, and Judge SmOntOn went
10 Charleston.
orders for liquor are flying everywhere
A constable claiming full knowledge Of
the mandate OF the court has already
made seizure OF liquor
The contempt cases against Commits
sloner Hixon and the constables were
dismissed, I'm view OF the disclaimers
and apologies made.
To be Built at Newport News.
NEW YORK, May S.-A contract which
has been signed between the Plant Steam
ship Line and the Newport News Ship
huffdinV and DrV-DOCk Comnanv will