The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1897-06-30

NIT that the State may regulate its keep
ing and sale. And there is no article, the
right of the State to control or to prohibit
the sale or manufacture of which within
its limits, is better established than intox-
icGting liquors.
The report refers to the decisions estab-
lshiug the right Of state to regulate and
control the importations and sale Of lntox-
icating liquors. and then to the original
package" decision, which declared uncon-
stitutiona the Iowa statute prohibiting the
importation of liquor in original packages.
Ofthese decisions the Senate report says.
"It was in consequence of these decl-
sions which changed the entire policy OF
the Nationa! GOVERN N ent that the Wilson
gress on this subject is shown by the vote.
It passed the Senate, 81 yeas, 10 nays; and
the House. l07 yeas, 95 nays, those voting
in the negative being almost all Democrats.
IAN examination of this law, the report
goes on 10 say, would satisfy almost any
reasonable mind that it was the purpose Of
Congress to relinquish absolutely to the
States the regulation of the liquor traffic,
but the recent decision of the Supreme
Court in the South CAROLINA liquor cases
would indicate that there is need Of further
legislation by Congress before the States
Will be left free To deal with this important
question affecting the health, morals and
good order Of their own citizens.
Supreme Court decisions establishing
the power of Congress to SO legislae as to
leave the rights OF the States unquestioned
are quoted.
The various quotations from the de-
cisions of the Supreme Court couched ID
very strong and unmistakeable language, >
continues the report, ARE sufficiently war
rant for any legislation which may be
necessary 10 set at rest once and forever
the intention of Congress to so leSlslate
that the policing Of the liquor traffic by
each State in its own way can never again
be called in question.
Getting down to the South Carolina
situation, the report declares:
when the States Of Iowa and Kansas,
through their law making powers, enacted
prohibition, the Supreme Court declared
that liquor could go into these States IN
original packages, and that such legislation
was an Interference with Interstate COM
merce, and the Wilson bill was passed and
has been sustained by the Court. Now the
solve this veyatious question, and hunting
for the best nlethod OF policing and con-
trolling the liquor traffic has passed the
South Carolina Dispensary law, which was
printed in the Congressional Record, June
> 1897. The Supreme Court again comes
forward. Notwithstanding the Wilson bill,
and. in the case OF Scott VS. Donald, No.
III, October term, 1896, declares a very eS-
sential feature O: the South Carolina ilQuor
law unconstitutional, to wit: The statute
in question declares it to be unlawful tor
anv one to import liquor iHto the State ex-
cent the State Commissioner, AID provides
that even he shall not bring It IN until It
has beer analyzed by the State chemist
and pronounced to be pure. Provision IS
made for its sale by State officers under
stringent regulations and in such manner
as experience has shown Will best promote
sobrietv and minimize the evils OF the
LIQUOR traffic.
Extracts from the decision OF the court
in tue recent South Carolina cases are
given with this COMMENT:
The effect OF the decision is to throw
down all the barriers erected by the State
law, in which she is protected by the VII
son bill, and allow the untrammeled i'm
portation OF liquor into the State upon tn the
simple claim that it IS fer private use. lLe
State seeks to insure the use OF only pure
liquors, by requiring the State Commits
soner, before purchasing,to to have them an
a!yzed by Il competent chemist. 1t does
not allow liquor to be drunk on the prem
ises. ItproLibits the sale in the night
time. There IS no Discrimination against
c;tiz-ns o: other States, as IS shown by Mr.
Justice Brown in his dissenting opinion,
and that learned justice points out the eff
feet OF the decision OF the court IN the
following language: If q State cannot
prohibit. her own citizens from importing
iioours as we'll rs buying them at home, the
.Milson bill IS set at n0ught and the pro-