The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1897-06-02
DISPENSARY DECISION.
Text OF the Document Supposed TO
South Carolina Dispensary Sys-
TEN

Judge Simonton on Monday morning gave
out his decision in the case Of the w. A. Van
dercook Company VS.. ). w. vance, w. N
Baher and Others. The case was heard In the
United States Circuit Court two weeks ago
Mr.. ]. P. X. Bryan represented the Wander
cook Company and Attorney General Barber
the State.
Com pauy on the question OF persons outside
the State selling liquor In the State In the
original. unbroken package-in other words
TO be allowed, under the In ter-State commerce
law, TO enter into open competition With the
dspensary.
The text Of Judge Sim onions decision is as
follows:
ANY State may In the exercise Of the police
power declare that the manufacture, sale, bar
ie r and exchange or the use as beverage OF
alcoholic liquors are public evils and, hav.
ing thus declared. can forbid such manufac-
ture, sale, barter and exchange or use within
her territory.
"But when State recognizes and approves
the manufacture, sale, barter and exchange
and the use, as beverage. OF alcoholic IL
Quors, and the State itself encourages the
manufacture, engages In the sale OF and pro-
vides for the consumption ofalcoholic liquors
az beverage, and so precludes the idea that
such manufacture, sale. barter, exchange or
use are injurious TO the public welfare, IT Is
not a lawful exercise Of the police power to
forbid the importation OF such liquors or
their sale in original packages for personal
use and consumption.
"Such prohi bition under such circumstances
Is In conflict with the laws OIL Interstate an q
foreign com mmerce.
"The Dispensary Act OF 1896. as amended by
the Act OF 1897, inasmuch as they approve the
purchase and manufacture of alcoholic H.
quors for the State, and provide for the sale OF
such alcoholic liquors as beverage. In aid OF
the finances OF the Stale, In SO far as they for
bid the Importation of alcoholic liquors In
sum ption and The sale of such original pack
ages for such use In this State, are In conflict
with the laws Of Interstate and foreign COM
merce, and are therefore, TO that extent
void"
This decision is generally regarded as Sc
rious blow at the dispensary system, though
many maintain that II will not by any means
permanently inJure the system.
A Press and Banner reporter yesterday
talked TO several prominent and we'll inform
ed citizens on the probable effect OF this
thrust at the dispensary. The general opin-
ion is that IL will result In some mod itcation
law. The right OF the State to impose license
and restrictions on the parties who may un-
der take TO operate "original package" estab.
lishments Is not doubted. 1t is believed that
the Legislature, II called together, can tncor.
porate the restrictive features OF the dispen.
sary law into q high license law, and thus
| perpetuate the best feature of the States mo-
nopoly.
much is said, but little is known. The State
| Board of Control met last night, and much
of the burden for the present eXtgenCy must
fall on that Board. % its action will largely
depend the action OF Governor Ellerbe whose
duty, solely, II Is to convene the General AS
| sembly In extra session. Certainly he Will be
reluctant to take tins step unless imperative
demand for it is found by the Board OF Con-
| troll. :,
| Ifthe dispensary is closed, as many claim II
| N ust be. the State will have on hand an I'M
| mense dead stock of liquors.
| The friends OF the diSpensary system are
convince that the worst feature OF the situa.
ton IL the certainty of an increased Illicit
| traffic. Evasion OF the original package law
will be much more easy under the "importa
tion" system than in the case of the States
The Charleston News and Courier, the re
coguized head of journalistic opposition to
| the Oispensary. says:
! We do not think that this necessarily kllls
the dispensary. 1t merely deprives II OF itt
monopoly. Its power as police regulation
of the Quantities in which liquor may be sold
of the hours within which II may he sold, and
in the prevention OF drinking on the premi
ses where sold, in short all It's capabilities fol
good are uniinpaired. No loss Of revenue
need be feared If It's managers act with com
mon sense and seek honestly 10 meet oompe
tition instead of shutting 1t OF. The hostlll
| ty 10 the institution Will be greatly mil1Sated
when the people feel that 10 patroniZe tht
dispensary Ia a matter OF choice, not compul
sion People do not like TO be bulied. There
Is no reason why the State should not fy The
quality and price of It's liquors run out all Ia
competitors In the business, and at the same
time minimize the evils of the liquor traffic
a boy can lead horse to water, but nine
men cannot make him drink.