The county record. [volume] (Kingstree, S.C.) 1885-1975, 1897-07-29
HOW SENATOR I|LLMAN LOST
His Discussion in Committee on His
Dispensary Bill.
JOLLIED BY SPEAKER REED.
"Courts Have Flopped." Said TILL
man; "Only the Last Flop Courts"
Remarked Reed.

d. Is. H., III Special lTOul Naeu-
ington to the State, has This to say OF
the hearing before the committee on
rules on Senator Tillman's dispensary
bill:
Senator Tillman argued that the ef-
feet of the decisions of the United
States courts was to render it impos-
sible for any State to enact law which
in any way interfered with free COM
merce between the States on the sub
ject of liquor. He reviewed the decis-
ions, and read freely from the report
which he had presented to the Senate
from the committee on commerce upon
the bill. He argued the "police
power" had been by those decisions
reduced to practically nothing. That
no State could 60 further than Maine
and Kansas, which allowed sales only
for medicinal and mechanical purposes,
though, he said, Maine has, in viola
tion of law, some four saloons.
Speaker Reed remarked: "Well,
those, you know, sre for strangers.
Senator Tillman continued that it
had required some 30 odd acts to form
the Maine law as it now stands. That
South Carolina had been for the past
four years trying to perfect it's law,
adapting it to the decisions OF the Su-
preme Court, and when she thought
she had at last succeeded, Judge
Simonton came in and paralyZed the
whole business. That it was police
law, as Judged by its effects, for drunk
enness and consumption Of liquor had
been by it reduced one.half. But the
Supreme Court had decided tt at in law
it was not an exercise of the police
power. That the court haC Topped
from one side to the other and the last
flop knocked the law endwise.
Speaker Reed here interjected, sotto
voice: "Well, you know, we must be
bound by the last flop
Tillman continued that it WAS neces-
sary to pass the bill if any State is to be
permitted to control the whiskey evil
along the Gottenburg idea, and that
the sentiment was growing al over the
country; that that was the nearest ap-
proach that could be made to prohibi-
tion.
His argument lasted 10 minutes. The
Speaker was throwing bricks ut him, in
a pleasant way, all through it, and it
was soon evident that he was against
giving the bill the right of way in the
House.
Mr.. J. P. K. Bryan foil owed with an
argument of 80 minutes. He took the
position that this Union is q CONNER
cial union, and that the passage of such
bill as Senator Tillman's wollld be de-
structive, pro tanto, of such union, and
unconstitutional. He quoted the decis-
ion of the Supreme Court in Bowman
VS.. Railway, affirmed III Scott vs.. Don
aid, that "what does not belong to
commerce belongs to the police power,
and what does belong to COM
merce does not belong tc the po-
lice power" which, he claimed,
was the key OF the controversy. That
the courts had decided that South Car
olins was engaged in monor oily which
was destructive OF commerce, and that
the dispensary law was therefore ille-
gal. This bill was designed TO perpet-
1ate that illegal monopoly. The people
of the State did not wish the institution,
and chiefly on account Of its admins.
tration by Gov. Evans, they 1epudiated
that gentleman at the senatorial cleo
ton last year by 4, 900 majority. That
Congress should not fssten upon the
people q condition of affairs they did
not wish, and from which the decisions
of the courts had practically freed
them. He stated that the people be-
lieved the system was reeking with dis
honesty, in rebates, shortages, etc.
He asked the committee to stay its
hand.
Congressman Elliott followed in q
short argument, reinforcing the state
ments Of Mr.. Bryan, and giving some
incidents of the oppression Of the law
and the illegal acts of its officers.
Congressman Latimer followed. he
argued tha; the question affe cted every
State in the Union, and that Mr.. Bryan
and Mr.. Elliott should not try to reduce
it to a question of South Carolina poll
tics, upon which. locally, there were two
sides. he said that the effect of the
decisions WAS that there must now be
either total prohibition or high license
no middle ground. That the dis
pensary in South Carolina had occupied
that middle ground ;and the courts hsv-
ing decided that it had not done 80
legally, this bill was for the purpose of
enabling such system or systems like it
to legally exist, by wiping out the
question of police power entirely, which
was the only thing that stood in the
way. He resented some OF the state
monts made by Col. Elliott. Here he
and Congressman Elliot exchanged
some remarks of rather personal ma
ture which did not throw any light on
the discussion.
Senator Tillman closed. His re-
marks were in reply to Mr.. Bryan's
references to the administration OF the
dispsnsary. He stated that there
were no shortages or chickering's
amongst officers while he was Cover
nor, and tho-e things, OF the charges
of them, had arisen since he became
Senator. He denied that the dispensary
had weakened in its hold upon the
people of the State. That iSs great re-
sistance and unpopu. .arity was in the
city of Charleston, which was the
home of secession, and that city had
seeded against this law rs it did IN
1860; that the people there thought
IL L - 81, lot