The times. [volume] (Richmond, Va.) 1890-1903, 1896-10-23
DISPTNSiEI LiW CASES.
An Interesting Colloquy Between Jusu'
Brown and Mr. Bryan.

BfOWn ana VII. SffHh.
WASHINGTON. oct. 22.-Argument in
the South Carolina dispensary law cases
was concluded in the Supreme Court OF
the United tSdtes to-day. Consideration of
the cases Was resumed Immediately AZ
ter the disposition of the ordinary rou-
tine of motions, etc. Before Mr.. Bryan
proceeded with the argument in support
of the judgment of the Circuit Court
of the United States for South Carolina,
that the constables of the State DE re-
strained from scizng any liquors inn
ported into the State by Complainant
Donald for his own use and consump-
ton. AN interesting C0loquy occurred
between Mr.. Justice Brown and Mr.
Bryan.
The Justice calling attention 10 the
declaration of Donald that the seizure
of the liquors in question had damaged
him i'm the sum of So 900. asked how that
act could damage him in that sum when
the value of the liquors seized did not
exceed 800. Was not the declaration
made the Justice further Inquired. in
order that the ease might be brought
within the terms OF the law of l>oc.
under which the jurisdiction OF the Fed
eral courts was claimed and which re-
Qulred that the amount involved exceed
So NU?
Nr Bryan replied that the Supreme
Court has passed upon tuot point n
tne case ol Barney IS. Edmouds. n
18th United States. on appeal from t@e
Ci-cut Court OF Virginia. That Was
. case involving bat s2l of taxes but the
Court held that the question OF damages
for the invasion of constitutional right
was peculiarly one for determination hy
the jury That was the point at issue
i'm th.s csse. Nj. Bryan said. Mr.. Dom
ala asserted that his rights Dad been
invaded by tie States officials, after
notice of protest by him.
Mr. Justice Brown said that while he
was on the circuit bench he had ale
HoYs he'd that there must DE some sort
Of REASONABLE proportion between the
amount of damages claimed and tnat
which had been sustained Il the View Of
counsel were 90 be the rule. he said,
1t would only be necessary 90 anege dam
ac,s iu the sum of 5000 to bring every
tort within the law of ls,,.
Mt Bryan. replying 10 further gug-
sestion. called the attention of the court
TO the agreed statement of facts in the
case within the terms of the law of 1883.
Attorney General ~oi the State tha. the
right Of the complainant. Donald. 10 im-
port liquors. which the dispensary Jaw
invaded. was Of the value Of S2.0m. That.
lc asserted. was sufficient TO bring t1e
case within the terms of The law of lS,s.
lu the course of his argument upon
the power Of q State 10 engage in the
trade of amy article respecting which it
had thc right TO make police rcguia-
uonr. Mr Bryan declared that the real
noud between the States of the Union was
commercial. as well ass political "Thc real
bowl is rather commercial than tie
other"
Dos connection with the weecsticn Of
Attorncy-Gcneral Barber tItt The court.
in Osposnc of the case consider tie
amendment TO the disponsary Law enacted
this year. Mr Bryan stated that i'm the
case of Snyder decid % in August last.
Judge SImontOn held thlt amendment TO
be unconstitutional
In this concluding argument in sup
port of tho validity of the law. Attorney.
General Barber asserted that the effects
of the dispensary law was. in the nrst
place. not to deny the importation Os Tie
products of other Sttes. for the he-
ures show that goo per cent Of an the
liquor sold by the dispensary oaicials
were imported goods. The law was
primarily intended TO s. cule TO the peo-
pie of the State pure liquors and sec
ondarily. 20 reduce the Cyus flowing from
their use As 10 IT'S efficacy In this lat
ter regard, the Attorney General quot
al Governor Tillnan 20 the effect that
the law had reduced the consumption of
liquor hv 80 per cent and the number
or crimes caused by the use Of liquor %
per cent.
The matter of the actual operation OF
the law I'm respect OF the discrimination
against the liquors of all other sta IS. ~.
case the State agents decided 40 pur 'nlse
the stock from one State alone was the
subject OF numerous questions by mem
bers Of the court.
The AttOmey-General found sOmc elf
fculty in meeting them al. bat main
tanned that the States officers would do
their duty properly and that the liquors
Of all States would come into urCper
competition.
Mr.. Barber agreed with Mr.. Bryan that
the court should take into consideration
Judge Smonton's decision iu the SLY
der ease. saying IL was the desire Ct al
the States officials that the suDcsme
Court Of the United States should pass
upon the law in al It's features. TIE
court now has the case
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Aiouyo WatIipo'. knra,.l