The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-10-23
D1srENsAny CASES.
Argument Concluded md They nre
NOW WITH the Court

Washington, Oct. 22-Argument in tho
South Carolina Dispensary inv cases was
United States to-day. Constellation OF the
cnses was resumed Immediately after the
H,i Is on OF the ordinary ioutir,, of mo-
with the argument in supper, of thr judp-
ment or the circuit court of this United
States for South Carolina that thS constn.
bcs OF the States be restr,iincd from seiz-
ing any liquors imported INTO Tx, state
Dy conplnintant Donald for his own use
occurred between MIR. Justice Brown and
Mr. Bryan. The Justice called attention,
to- the aeclnrntion OF Donald that the SELF
him In The sum of $1,000. ana asked how
TINT act could damage him In that sum.
not exceed 800. Was not the dccIaTa, G Inn
made. the justice further Inquired. i'm ordc,
that the case might be brouEh, with II the
jurisdiction OF the Federal courts was
claimed. and which REQUIRED that the
amount involved exceed 5000
MIR. Bryan replied that the Supreme
ease OF snrncy vs.. Edmunds in llGth
United States. on appeal from III, Circuit
Court of Virginia. That was a case IN
Iolving but 81 of taxes. hut the court
held that the quest on of damages for the
INVASION or constitutional right was me-
cli!iHrly one for determination by The
jury. That WAS the point NJ issue in this
ed that his right had been Invaded nv thc
OFFICIALS. after notice of protest by him
MIR. Justice Brown said that while No was
on the circuit bench. he had nlwavs In iJ
That there must he some sort Of reason.
able proportion between the amour; of
dnmaEea claimed and that which had been
be tho rule. he sa' "a. 1t would only he nee
| cssary TO alleCe damages In the sum of
500 10 bring every tort within the law of
Mr. Bryan replying to further sur
Eestion called the attention of the court
10 thti agreed statement of facts I'm tile
| case in which 1t Ia admitted Lv tho At,n,-
ney General OF the state that the right of
complainant Donald to import liquors,
the value of 5000. That, he assorted, was
| terms of the law of 1855
In the course OF his argument unon thc
power OF state "a engage In the trade of
any nrucle respecting which II had Tho
]right TO make police regulations Mir Ery-
an declared that the real bond between iilc
statutes of the union was commercial ny
well as pol,tical-.tite real hond is rather
commercial than tho other"
In connection with this suggestion of At
| iorney General Barber thar the court Is
nis s,, OF The case. eons:L~r the amend
ment 70 the Dispcnsary law enacted this
year, Mr. Bryan stated that I'm tho cas-,
lor Synehr. dec deh In August last, Judge
constitutional.
In his concluding argument In support OF
Nc Ii,c. viindity or the law. Attorney Gerrra
D.alcnsaly law. was. i'm the frs, Mac"
not to deny the Importation OF the pro-
u'lcts OF olHef states, Tor the figures show
| that 30 per cent. Of allthc Ia liors sold by
the nsIsnsarv officials We're imported
goods. The law wat, primarily intended
10 secure TO the people of the states puir
LIQUORS, ana secondarly, 10 reduce the
lewis howinw from tlIeir Use.
AS 10 the efficacy in tbs latter regard
the Attorney General quoted Governor TIL,
imam 10 the effect that The law had reduce Il
IN consumption OF liquor by fifty per cent
ana ne number of crimes caused by the
VS. Of liquor iifiy-scvsn per cent.
The matter of thcuCtt,al ouCrntlOn of tho
law III respect of tin discrimination
inEa'nst tho liquor OF all other states. la
case the state agents decided to purchns,
their stock from one state alone, was the
SUBJECT Of numerous questions h mem
hers of IN" court. The Attorney General
| found som difficulty In meeting them all
hut mainttiird that the state officers
woul! 10 their duty properly. and that the
liquor OF al states would come into prop
or Comp-tit. on.
Mr.. Barber agreed with AIR. bryan that
tho court ghuld take into consideration
Judge SimonrDn'S decision IN the Snyder
acsc saving IL was the desire Of All the
state cfc ais, that the supreme Court
should pass upon the law In all It's fca-
lures. The court now has the case.
|