The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1896-02-18

a,
81 steamboat or sailing vessel or othe
~ vehicle OF Interstate commerce, or an,
3 vehicle whatsoever within this Stat
for transporting such Intoxicating II
> quors as aforesaid imported or brough
: into this State for his use or consump
3 tion from hindering or preventing b,
3 any means whatsoever the complainant
James Donald, or any other person In
, the State of South Carolina as i'm
, porter and consumer of the ales, beers
wines AMI spirituous liquors OF the
other States and foreign countries from
/ Importing, holding, possessing, using
and consuming the said Intoxicating
, liquors as aforesaid so imported for hil
, use and consumption" L incorporate
7 this injunction here in order to per
! petuate it as legal curiosity aud tt
show the extent to which q partisan
judge can be swayed by unreasonable
prejudice. it will be seen that he en-
joins everybody from unborn babes ur
to the high sheriff from interfering
not only with Donald's whiskey, but
from interfering with any citizen in
the State who had not even asked his
gentle protection. Courts of EQUITY
sometimes legislate for parties before
the court, but this Judge has assumed
the power of our General Assembly to
make a law for the State and also OF
Congress OF the United States. Under
contempt proceedings he has incar-
cerated men in jail who were absolute
ly without notice of his Injunction and
when brought to his notice that the
sheriffs were treating the jailed con-
stables as men charged with contempt
and not as ordinary criminals he
ordered them removed to city jails
with instruction that they be treated
as the commonest criminals.
You are familiar with the state of
affairs that followed his injunction.
Whiskey was imported into the State
by every quondam barkeeper for per-
sonal use and the barrooms of Charles
ton were virtually thrown wide open.
They became SO bold under the pro-
lection of their judges as to violently
resist the efforts of the constables to
close their hell holes. 1 found it i'm
possible to do anything with them on
account of the sentiment of the city
being overwhelmingly in their favor.
ordered the constables to contine
their efforts to seizures that they had
reason to believe we're not for personal
use and they accomplished q great deal
| although the results were quite un-
satisfactory. | appealed to the mayor,
and he promised cooperation; but
| shortly afterwards the city council re.
~
the mayor which provided for the
punishment OF the keepers of blind
tigers. l called upon the mayor aud
he endeavored to have the ordinance
enacted; but in vain. They were
joined to their idols. The chief of
police was a friend of the law but he
had neither the moral nor the legal
support of the council or the COM
munity and his appeals were only par
italy successful. | gave the city
notice that unless the law was better
metropolitan police law. This had
slight effect; but it soon wore off /
again gave warning several months
afterwards and the chief of police
asked me to give him a little more
time and he thought matters would be
in a better condition. He succeeded
in making several cases against Illicit
dealers; but the grand jury, of the best
citizens, so we are informed, refused to
take the oathsof men who they placed
In charge OF their homes and lives
and uncere ANONYMOUSLY threw out all
bills against Illicit dealers in whiskey.
This emboldened the Illicit dealers
and [ again invoked tho aid of the
courts and succeeded in obtaining
charges of venue in several cases but
the question Is still in the Supreme
Court as to our right to such change.
My patience became exhausted and |
appealed to the State Board OF Police
Commissioners and they did not hesi-
tate to place the police of the city of
Charleston under the control of COM
mission. | regret that thus was neces-
sary, but it was simply a question of
whether we should abandon the Dis
pensary in Charleston or first exhaust
every means in our hands for the en-
forcement of the law. | am satisfied
that the police can do more than all
the constables in the State towards en-
forcing the law In our cities, aud il the
city authorities will not allow them to
do SO it is the duty of the State to take
change. Ii the next year does not af-
ford better results then new law
must be made for Charleston. / am
satisfied, however, from present indi-
cations, that we will have nothing to
complain of.
Convictions Of violators of this law
have been promptly had in nearly
every county OF this State where tried,
except in Charleston. This Ia encour-
aging and shows that the stubborn re-
sistance to the law has gradually sub
sided. You will readily see that the
protection given by Judge Simonton to
persons importing liquors into this
State for personal use and the burden
of proof being placed upon the consta-
bles to show tnat the same is not for
personal use, makes our task indeed q
hard one, in fact it prevents us from
seizing imported liquors except where
1t Is consigned to persons convicted of
violating the law, and even these can
always find q friend who will allow the
use OF his name to shield a criminal,
In order to comply with the inter-
probation OF the interstate commerce
law by this Uoited States Judge l
would respectfully recommend that the
law be amended by declaring that all
alcoholic liquors, except when analysed
by the State chemist and found to be
chemically pure, are detrimental to
the health, morals and welfare OF the
citizens OF this State, are contraband
and liable to seizure wherever found
without warrant, and when seized
shall, be forwarded to the State Com
missioner and by him destroyed. This
would cover the objection of Judge
Simonton and would relieve the law of
q continual warfare by the "whiskey
ring"
will endeavor to point out to you
the amendments to the law which
have suggested themselves to the
Attorney General and to me in our
efforts to enforce 1t during the last
year, and which we believe absolutely