The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1897-06-03

nanuIaCtufc, Saie, barter, and cx-
change. or the use ASA beverage of
alcoholic liquors. are public evils.
and. having thus declared. can for
bid such manufacture sale or barter.
"When State recognizes and APP
proves the manufacture, sale. barter
and exchange. and the use as Bev-.
erage OF alcoholic liquors and the
State itself encourages the manufac-
ture-enEaEes III the sale of. and
provides for the consumption OF al
c0holic liquors as q beverage. and so
precludes the idea that such manu-
facture, sale. barter. exchange, or
use, Is injurious to the public well
fare--is not Il LAWFUL exercise Of
the police power to forbid the impor-
tation of such liquors or their sale
III original packages for personal use
and consumption.
Such prohibition under such cir
cumstances is in conflict with the
laws Of interstate and foreign COM
merce
The dispensary act Of 1896, as
amended by the act Of 1897 inasinuch
as they approve the purchase and
manufacture Of alcoholic liquors for
the State, and provide for the sale Of
such alcoholic liquors as Il beverage.
In aid Of the finances of the State,
In so far as they forbid the irnporta-
ton OF alcoholic liquors in original
packages for personal use and con-
sumption and the sale Of such orr
ginal packages for such use in this
State, are III conflict with the laws
Of Interstate and foreign commerce
and are therefore to that extent
void.
1t is manifest, therefore, that the
same conclusion must be reached
with regard to the dispensary act OF
1897, which was reached by the Su-
preme Court of the United States as
to the act OF 1895 that i'll is not with
in the scope and operation OF the
Wilson act. BY this decision it is
clear that. SO long as the State her
self engages III the business OF i'm
porting and selling alcoholic liquors
for the purposes Of profit; SO long
as she recognizes that the use Of al
coholic liquors as q beverage is law
ful and can he encouraged: so long
as she seeks monopoly in supply
ing these liquors for that use and
In this way looks to an increase i'm
her revenue, she cannot, under her
constitutional obligations to the
other States of this Union, forbid,
control, hinder, and burden COM
mercc In such articles between their
citizens and her own"
The law declared to be "a nuisance
I'll places where intoXicants were give,
away, and prescribes Il penalty 70
hose who kept such nuisnnccs a fine O
lot less than 5000. and imprisonment O
lot less than six months in the count,
all. To show how we'll Senator TIL
nan. then Governor OF the State, oh
served the law. is quoted as making til
'ollowing admission:
Samples Cor liquor) were sent in
great quantities when was connect
ed with the dispcnsary.
Ihey were freely distributed among
The visitors to the institution. +
carried some to my house ana used
them. rs did Governor Evans. and
| presume the present State Board
or Control have done likewise, and
nave no apology to make for it,
This confession moves the Charleston
News and Courier to pronounce Mr.. Till
nan guilty Of the following violations o
he law while the law was in force:
First. in maintaining u common
nuisance, that Is, place where in
$500" s'iS iliuoiS are given away.
second. by keeping IN his possession.
In his house. alcoholic liquors, with
out certificate that they had been
tested by The State chemist and
found to be pure. Third. Keeping In
his house alcoholic liquors wl,hou.
Inc certificate going to show that
they We're purchased from a State Of
ficer authorized TO sell the same.
There has been scandal Onn way n
mother ever since the law was passed
ma from Senator Tillman's present at
titude there is likely to be more of /,
IN the meanwhile. however, the law |: