The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1896-10-27

Court has passed upon that point in
the case OF Barley vs.. Edmunds, in
10th United States. on appeal from the
Circuit Court for Virginia. That was
a case involving but $2I Of taxes, but
the Court held that the question of
damages for the invasion Of constitu-
tional right was peculiarly one for de-
termination by the jury. That was the
point at issue in tuis case, Mr.. Bryan
said. Mr.. Dooald asserted that his
rights had been invaded by the States
officials, after notice of protest by him.
Mr.. Justice Brown said that wbiIc
he was on the Circuit Court Bench he
had always held that there must be
some sort of reasonable proportion be-
tween the amount of damages claimed
and that which had been sustained.
III the view OF counsel was to be the
rule, he said, it would only be neces-
sary to allege damages in the sum of
81. O00 to bring every tort within the
law of 1888.
Mr.. Bryan, replying to a further
suggestion, called the attention of the
Court to the agreed statements of facts
in tho case, in which it was admitted
by the AttorneyrGenera of the State
that the right of complainant, Donald,
to import liquors, which the dispen-
sary law invaded, was of the value of
$1,000. That, he asferted, was suf-
hcient to bring the cas- within the
terms OF the law of 1888.
In tho curse of his argument upop
tue power Of a State to engage in the
trade of any article respecting which
1t bad the rieh t to make police reg.
ulations, Mr.. Bryan declared that the
real bond between the States of the
Union was commercial as well as politi.
cal" the real bond is rather CONNER.
cia' than the other" in connection
with the suggestion OF Attorney Gen,
eral Barber, that the Court, in dispos
Ing OF the case, consider the amend,
mcnt to the d,spensary law enacted
this year, MIR. Bryan stated that il
the case OF Snyder, decided in Angus,
last, Judge Sinonton held that amend
ment TO be Unconstitutional.
In his concluding argument in sup
port OF the validity Of the law at
torney General Barber asserted tina
inc effects OF the ~dispensary law were
IN the hrst place, not to deny the i'm
portatlon Of the products of othel
States, for the figures sold by the dis
Pensary officials were imported goods
The law was primarily intended t,
secure to the people to the State pur,
liquors, and seoonGarily, to reduce tn,
} evils flowing from their use. AS to it
efficacy in this latter regard, the At
torney General quoted Governor Till
' man to the effect that the law ha,
reduced the consumption of liquor b,
5O per cent, and the number of crime
caused by the use OF liquor 81 per cent
The matter of the actual operation
, OF the law in respect to the diecrimina
, ton against the liquors OF all othe
States, In case the States agents de
= cided TO purchase their stock from on
, State alone, was the subject Of nu
, merous questions by members OF To
. Court. The Attorney General foun,
some difficulty in meeting them all
but maintained hat the States officer
would do their duty properly. and tina
tho liquors Of all States would com
= into proper competition.
. Mr.. Barber agreed with Mr.. Brya
that the Court should take into cor
= sideration Judge Simonton's decisio
= IN the Snydcrcase, saying it was TIL
: desire OF all the States officials tina
the Supreme Court of the Unite
States should pass upon tho law in a
ITS features, The Court now has tn
: caSe. MIR. Barber is hopeful Of winnin
the case, basing his hope on certai
I. questions propoundcd to Mr.. Bryan b
the Justices.