The people's journal. (Pickens, S.C.) 1891-1903, 1897-06-10

v,
necessary to restore to South Carolina
the right granted by the act Of August,
iS9o, to control tue sale OF alcoholic |
liquors within it's own border in it's own |
way IN common with oLhcr States of |
this union"
In explaining the object and purport
OF his resolution, Mr.. Tillman said
MIR. President, | will give u brief ex-
PLANTATION of the condition in our STATIC l
winch has caused me to Introduce this |
resolution.
| Within u week the circuit Judge thero
has declared that tho dispensary law ia
unconstitutional, because it Conflicts
With the Interstate commerce law
The dispensary law provides that
State by otior than State Oil.
cor, who Ia under bond and limit
ed Us to the hours Of sale. He can
, not sell 1T In the nighttime, and he can
not sell 1T except in un broken packages
-sealed packages--andt those packages
are not to be broken on the promises
NOW, the circuit Judge comes along
and declares that, as tho State recOg-
nlzes the sale Of liquor as legitimate, it
Is not an exercise Of the police power
to restrict it in the way we have done,
and that therefore Il citizcn Of any other
State has a right to shi p into the State
IN original packages and to sell it ith- =
IN the limitations that the State law
imposes on it's State officers.
! The State has at this time something
like 500, 900 invested in liuuor distri b..
| uted at the different dispensaries. The
Legislature will not meet until Jam
uary. There is no power In the State
government to uspend tho operation
OF the vast machinery for the handling
OF this product. and yet under the con
y l. 1
| outsider can come in and open u liuuOr
shop alongside Of the State dispensary
or anyw here else and sell at any price
ne Pleases, therefore resulting in great
| INJURY to the morals Of tho State and to
The welfare OF the community, ns well
as loss In the expenses which will at
tach by running the dispensaries under
such circumstances.
| Ihere ls an erroneous impression
| abroad that the State entered upon this
business for the profit In it, That is not
true, and 1t is q mere secondary tea.
ture OF tholaw, which is itself as remote
In purpose from thus handling of the
llquor as anyWh here in any State in this
Union. TO those who claim that it is
an iIlogitimate business, that no decent
person will go into it, and that the
State ought not to 60 into it, / merely
point to the fact tnat the United States
governmcnthas always dorvedrevenue
| from liquor. Nearly every State in tho
Union to-day licenses it's sale, and Is in
league with the licensees, and creates
monopoly from which private persons
who obtain the business are allowed to |
| sell Tor profit, to be shared by 1t.
The opinion OF this circuit Judge that
the State has not the right to limit tho |
sale in this way, but must license some
private individual to 1t, is, we think,
contrary to the act Of Congress which
| have recitcd in the resolution.
Therefore, for the relief OF South
Carolina and to puther back on IL plane
with tho other States, 80 that her citi.
Zens In the exercise Of their local gov
ornm"nt may control this pernicious
tratiic in their own way, ask that the
Senate OF the United States and Con-
gress shall take action.
Mr.. Faulkner, Of West Virginia. said
that personally he concurred in the
views OF the Senator. and was very
anxious to assist him in getting the re-
lief he socks, and added 81 think the
local seIf-gOvernment OF the people
there requires that they should control
this whole subject. | very earnestly
supported the Wilson bill for the same
reason. But hope the Senator from
South Carolina will not embarrass the
resolution he has offered by the pream-
Bile which is attached to It. do not
feel justifie in voting without consid-
Grafton Tor the declaration in the pre-
am BILE that this decision Of the Judge of
the Federal court 10 judicial leg islation.
think the facts are sufficiently known
as matter of public history for the
resolution to stand on It's own merits
without committing any of US, without
an examination into the question, to
the declaration contained in tho nroa ~,
Bile. sincerely hope the Senator from
south Carolina will be willing to sub
.nlt the resolution on it's merits withou,
the preamble"
Mr.. Tillman said he would substitute
IN place OF the words judicial legisla
tion' the words judicial interpreta
tlon," and let it stand on It's merits.
Mr.. Bacon, OF Georgia, sucgeste,
; that there ought to be an amendment
TO thar part Of the resolution whicl
: limits the investigation Of the Judicia