The people's journal. (Pickens, S.C.) 1891-1903, 1895-09-12
THE DlSrENSAltY CASES.
me state Gets the Best of the Fight
in the United States Court.

| AHE DlSPENSAltH CASEfS.
The state Gets the Best of tho Fight
In tho United States Court.
| Grcenvilc Mouhtainyr.
The first of Il 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 Lowensteln, citizen OF North
Carolina, against Gov. John Garv
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 q pack
age of liquor seized and confiscated by
the authorities and belonging to Low
enstoin.
The action Is brought under the an
ti-monOpoly law passed by Congress in
1890. This law forbids the creation of
u monopoly by any person, corporation
or association, and the question is
whether or not the State can be con-
sidored us coming under either OF o.
these three heads. The defence en-
tered demurrer to the complaint,
claiming that tho action is in reality
against the State, Us the defendants
are acting as the agents of the State
and by its authority, and also claiming
ZION OF the nnti-m0nopOly law.
The complainant was represented by
murphy Il Farrow, while Attorney
General Barber and his assistant, G.
I. townsend, appeared for the State
board of control. MIR. Barber made the
opening argument, defining fully the
position Of the defense and giving nu-
mcrous authorities to sustain it. Mr..
Farrow followed for the complainant
in a lengthy and able argument. He
spoke from Il type-written manuscript
and his citations OF authorities we're
numerous. District Attorney Murphy
was unwell and spoke only u 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 coniine his argument
to that. The court held that If the
State had given monopoly OF tho whis-
key business to corporation, the act
would be fatally defective, but that
such was not the case. els the State
II 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 u decision in the case in Il
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
stables and policemen Of Columbia
who made the raid on the Columbia
; Club. The case was brought on Pc
itions from N. G. Gonzales ana n. e.
, Gonzales and w. T.. Gonzales, claiming
: the officers had unlawfully seized Ii,
} quor belonging to two of the petition
: ers and intended for their personal use
The petitions were read by Mr.. Fl. c.
Patton, attorney for the Gonzales, the
answer of the policemen by Mr.. j. p
Thomas, .jr., city attorney Of C0lum-
l hia, and the answer Of the constablet
by Assistant Attorney General Town
Fsen..@ss>.sa 80 L." ~ &c "HS
they had no intention of showing eo1sz.
tempt for the orders of the court and
claimed that their actions were au-
thorized by law.
Judge Simonton said u question of
fact arose as to whether the liquor was
used only by the owners and whether
the Columbia Club was @ place where
habitunl drinking was prac ticed. In
order to settle the question, testimony
would have to be tuken, and for that
purpose he would appoint u referee,
The court requested counsel TO agree
on u suitable person for referee, and j.
Il. Barron, OF Columbia, was selected
aud appointed by the court. The
referee is to take testimony on the
questions involved and submit it to
Judge Simonton without making any
decision in the matter.
1t is generally thought that the
members of tho club will be unable to
prove that the club was not IL place for
habitnal drinking and In that case the
officers will be released.
Policeman Strickland and Con-
stables Lufar, Speed, Davis and
Moorohcad, who was policeman
when the raid was made, were OF
course present and showed deep in
terest in the case.