The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1895-06-26
4 New Issue Raised.
Is The Dispensary Law Re
pugnant to The Monopoly
Law.
News and Courier.

Messrs Murphy, Fayrow & Legare,
as attorneys of Julius Lowensten,
of North Carolina. have begun pro-
ceedings in the Circuit Court OF the
United States for the recovery Of a
barrel of whiskey which was seized
Ly the dispensary constables during
May on the grounds that the dispen-
sary system is monopoly, and that
as such it is repugnant to the Act of
Congress of 1890, entitled can
Act to protect trade and commerce
against unlawful restraint and mono.
poly" Of course in bringing this
action Messrs Murphy. Farrow &
Legare not only propose to attempt
the recovery of damages tor Mr.
Lowenstein, but also to attack the
constitutionality of the dispensary
law. 1t will be remembered that
Judges McIver and MCGOWAN have
both already declared the dispensary
law to be a monopoly, and it is pro
bable that some stress will be laid
upon this circumstance.
The case will not be heard in the
United States Court until the fall
term, but Messrs Murphy. Farrow
& Legare have already prepared the
preliminary papers in it. The fo'-
lowing is copy Of the complaint in
the case:
The United States of America, Dis
lrict of South Carolina-In the Cir
cult Court-Fourth Circnit-Julius
Lowenstein, trading as lowenstein
& Go, plaintiff. against John Gary
Evans, D. H. Tompkins, James
Norton and Frank NJ Mixson,
defendants
To the Honorable, the Judges of
the Circuit Court for the 4th circuit:
The complaint Of the above named
plaintiff respectfully shows to this
Court:
l. That the plaintiff, Julius Lowen
stein, is citizen Of the state of North
Carolina, and is engaged in business
; in Statcsvile. in said State, under the
name and style Of Lowenstein & Co.
>. That the defendants are each
and all of them citizens of the State
of South Carolina.
3 That the defendants, John Gary
Evans, D. H Tompkins and James
! Norton, styling themselves State
board of control, and the defendant,
Frank NJ. Mixson, styling himself
State commissioner, together with
divers other persons, to the plaintiff
! unknown, prior to the time herein
after mentioned. under the pretended
authority Of certain Act Of the
Legislature of the State of South
| Carolina, entitled An Act to further
declare the law in reference to and
further regulate the use, sale, con-
sumption, transportation and disposI-
| ton Of alcoholic liquids or liquors
within the State of South Carolina and
to police the same" approved Janu
AIRY =, 1895, combined to monopolize
certain part of the trade and com.
lnerce among the States and foreign
nations, to wit: "The trade in alco
holic liquids aud liquors, including
/ whiskeys, brandies, wines, aies and
beer, and to prevent the purchase of.
such whiskeys, brandies. wines, ales
and beer from ci,izeus of other States
and foreign nations, aud to preventive
importation thereof into this State in
restraint of the trade and commerce
between the States aud foreign ma
tions and to discriminate against the
products of other States and the
citizens of other States in favor of
the products of the State of South
Carolina, and the citizens of said
State-which said Legislative enact
ment the plaintiff IS advised and,
therefore, alleges is null and void in
this. that the same is in contraven
ion of an Act of Congress entitled
IAN Act to protect trade and COM
merce against unlawful restraint and
monopoly y approved July :, A. d.
1890; in that the said Legislative
enactment undertakes to, and does,
create a monopoly in the traffic in
alcoholic Liquors, and operates as
restraint upon the trade among the
States and foreign nations in such
traffic.
+ That the plaintiff now is and
was at the time hereinafter mentioned
engaged in the business Of manu-
tacturer and wholesale dealer in
spirtuous liquors at Statesville, in
the State of North Carolina, and IN
the prosecution and conduct Of his
said business. and in the exercise Of
the right TO engage in Inter State
commerce he had from time to time
sold, shipped and delivered whiskeys