The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1897-07-14

d6 SseS 49,
the Vandercock case and those of the
complainant in this case Both are
equally under the protection Of the
interstate commerce law. The copclu
son reached iu this line Of cases was
this :
The State IN the exercise of the
police power eau declare that the use
Of intoxicating liquors of all kinds as
beverage is noxious, injurious to the
health, welfare and safety of the peo-
pie. and having so declared can forbid
the manufacture, Importation and sale
of such liquor within the borders.
That such prohibition takes intoxfcat-
ing liquors ont Of the category of art'-
cles of commerce aud is not in conflict
With the interstate commerce law. But
that so long as the State recognizes the
use of intoxicating liquors as bever-
age aud encourages such use by pur-
chasing them in large quantities and
selling them for such use to the inhabl.
.ants wisbio its borders, accompanying
such purchase aud sale with prohibi.
ton to Others from doing the like; this
prohibition is DOT lawful exercise of
the police power On the contrary, it
is an attempt under the guise of the
police power to secure for the State the
benefits, profits and emoluments of the
liquor traffic heretofore enjoyed by To-
d;ridual citizens, aud so increase her
revenue And for greater certainty
in this behalf monopoly 10 this traffic
is created in the State. That the State
cannot engage 10 this business for this
purpose 10 contraveotion of the rights
of citizens of the other States. ibis
being so. aud the right to import aud
sell in original packages being essab.
lisbed, it necessarily follows that there
must exist right to have place for
the receipt aud exposure for sale of the
original packages 50 imported The
ooe is the inevitable consequence of the
other
But when this has been accomplished
the protection Of the interstate COM
merce Law ceases. This Law protects
the original package 10 its Importation
and in its SALE The hours within
Shich the sale can be made, the per-
sons to whom il csn be made, tbe guam
si,v a. one time to be sold and the dis
position after sale are within the police
power Of the State. The provisions Of
the dispeusary acts, except insofar as
they conflict with the interstate COM
mefce Law are absolutely biodiog on all
persons within the State /; SO when once
a sale has been made of 40 original
package, aud its delivery within the
State, it-cannot again be sold by its re-
cipients or any one else without viola
tioo of the Law. No sale can be made
Of liquors, wines or beer Of original
packages anywhere, except between the
hours by law appointed. 6 o'clock 10
the morning and 6 O'Clock in the after
poon. No sales can be made Of such
packages Of liquors. wines or beer to
be drank op the premises, None in
quantities less than half a>pint None
Oh Sunday aud none to minors or bab-
i,ual drunkards. These police provis-
ions are irrevocabtv fixed 10 the public
policy and the police Law of the State
aod must be observed by all persons.
citizens or strangers, doing business
within the boundaries of the State.
With these notifications and ressric-
tions let az Injunction issue as prayed
for in the bill
CHARLES H. S1McSToN,
Circuit Judge
June 9Th. 1897