The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-06-01
BLOW TO DISPENSARlES
SOUTH CAROLINA LIQUOR SELLING
MONOPOLY KNOCKED OUT.
Vital Part OF the Act Declared Invalid
Because Ii Conflicts with Inter-
state-COmmerce Laws.

CHARLESTON, s. c., May 31.-Judge
Simonton. of the United States Circuit
Court to-day filed a decision in the case
of Vandercook county against the State
of South Carolina restraining the State
from preventing the sale of liquors brought
into the State. This decision, if sustained
on appeal it is claimed, will have the effect
of rendering nugatory the State Dispensary
law. Under the decision of Judge Simonton
any person may import and sell liquor in
original packages. The decision % based on
the interstate-commerce law, the court
holding that the right of importation COM
prehends the right of SALE The decision is,
in substance, as follows:
Any State may, in the exercise of the
police power declare that the manufacture,
sale, barter and exchange or the use as a
beverage or alcoholic liquors are public
evils and having thus declared, can forbid
Such manufacture, sale, barter and eX-
change or use within her territory. But
when State recognizes and approves the
manufacture, sale, barter and exchange and
the use as a bereVage of alcoholic liquors
and the State itself encourages the manu-
facture, engages in the sale of and provides
Tor the consumption of alcoholic liquors as
a beverage and so precludes the idea that
Such manufacture, SALE barter, exchange
or use are injurious to the public welfare
1T is not a lawful exercise of the police
power to forbid the impOrtation of such IL
Guors or their sale in original packages for
personal use and consumption. Such pro-
hibition under such circumstances is in
conflict with the laws of Interstate and
foreign commerce. The dspensary act of
1896, as amended by the act of 1897, in so
fan as it forbids the importation of alcoholic
liquors in original packages for use in this
State is in conflict with the laws of inter-
state and foreign, commerce, and, therefore,
TO that extent void
The case (which elected the decision was
a suit brought by a California wine and
customer in South Carolina were seized by
the dispensary officials. The shippers asked
for a permanent Injunction to prevent
further seizures of its goods. After review
ing the law involved Judge Simonton says
the attempt to forbid the Importation and
sale or Spirtuous liquors in original pack
ages must fail. $50 long" he says. 'as
the State itself recognizes the use of al
cohoiIc liquors. as a beverage Is lawful and
can be encouraged so long as she seeks a
monopoly in supplying these liquors for that
use and in this way looks to an increase
of her revenues she cannot under her con-
stitutional obligations TO the other states
of this union forbid, control hinder and
burden commerce in such articles between
their citizens and her own
State Officials AstOnished
COLUMBIA, S. c., May 31.-The decision
of Judge Simonton on the dispensary law,
handed down in Charleston this morning
came like bomb TO the state officials here
Governor Ellerbee said the decision was a
great surprise to him. He said he sup
posed the dispensary would continue to do
business at the old stand" When asked if
he would call an extra session of the
General Assembly he said: Il do not
know He added that he could not have
anything to say about the matter until he
heard from the attorney general He said
however, that it was a serious crisis and
one that would have 10 be met with due
elaboration.
The members of the State Board of Con-
trol are here, having come to attend the
monthly meeting tomorrow. One of the
members summed up the situation when he
said that IL meant either a complete sur
render on the part of the State so far
extra session, with results not now fore
seen. There is some talk OF closing the
dlspenSary at once. because it Will be rur
al q loss II liquor houses cut prices and
enforcing prohibition, which ii is claimed
can be done under the first section of the
dspensary act The claim is made that
TINS section OF the act stands. The State
supreme Court would be asked to pass on
THIS, however. There seems but two WAYS
out OF Ito either have an extra session
OF the General Assembly at once to pass
q prohlbluon law or else TO close the dis
pensary at once and wait for the General
Assembly to meet and act The State has
on hand in its eighty odd Subdispensaries
much more in the State Dispensary Ii is
q problem as TO how the liquor will be dis
posed OF in case the dSpensary system is
finally abandoned,