The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-01-19
HAS THE CHAIN BEEN BROKEN?
SOMETHING Is UNCONSTITUTIONAL.
ABOUT THE DIsPENsARY LAW.


the Thought Are Rejoicing Oyer
What They Consider the Death
hneIl of the Obnoxious Law-TiiI-
man and Irby Express Themselves.
Washington, Jan. Ex-senator Tillman's
hobby, the South Carolina dispensary IL
quor law, was ditched to-day by the SUI
preme court of the United States The
court decided that the law is unconstitu-
tional, so far as it seeks to prohibit citi-
zens Of the state from importing into
the commonwealth liquor for personal
use. The question whether the state has
the right to engage in the liquor traffic
was not raised during the trial, hence the
constituuonality of the entire dispensary
law was not passed upon by the court,
The general opinion of South Caroln-
ians and lawyers, who have followed this
interesting case, is that to-days decis-
ion practically destroys the famous liquor
law which enabled Senator Tillman to
ride into the governors chair and thence
to the United States Senate. Ever since
the Chicago convention, Tillmans infiu
ence in South Carolina has been on the
down grade. and his political enemies
claim that the decision of the supreme
court to-day will expedite his journey into
political obscurity.
One of the interesting incidents of the
day was the wide difference of opinion be-
tween the two South Carolina senators
on this subject. Irby claims to have made
Tillman, but recently they quarrelled, and
Tillman undertook to dsplace Irby in the
Senate with eX-GoV. John Gary Evans.
Irby Joined forces with the anti-Tillman
faction in the state and helped to defeat
Evans with Judge Earle. To-day Til
man and Irby met in the Senate chamber
for the first time this session. Tillman
advanced toward his colleague and extend
ed his hand The handshake that follow
ed was about as cordial as that Corbett
and Fitzsimmons will put up If they ever
meet at the ring side. A few perfunctory
words were exchanged and the hated rivals
parted. A few minutes later the news
reached the Senate that the South Caro-
lima liquor case had been decided against
the state. Here is how the South CAROL
ma senators expressed themselves on the
subject:
Senator Tillman said he was daddy
of the dlspensary child, and therefore, he
was anxious to ascertain to what extent
the supreme court had mutilated his Off
spring.
the decision of the court, owing to the
fact that Chief Justice Fuller announced
the decree of the court, for Mr.. Justice
Shiras, who was absent from the bench
to-day. The decision was quite lengthy,
and the chief justice made but brief
statement of the finding of the court His
condensation was such that it was diff
cult to determine whether the court had
passed upon the entire dspensary act, or
simply that part of it which enables par
ties to bring liquor into the state for their
personal use.
After spending several hours in trying
to get at the real scope of the decision,
Senator Tillman was informed by Mr.. JUS
tice Brown who dissented from the opin-
ion of the court that the decision simply
affirms the decree of the lower court, which
decided that it was unconstitutional for
| the state authorities to arrest persons for
| bringing liquor into the state for personal
| use With that understanding of the de-
cision Senator Tilman exclaimed That
| decision does not kill my dispensary law
| by jug full. As l understand it, the
decision simply affirms the decision of
| Judge Simonton, who, more than year
| ago, issued an injunction which prevented
| the state officers from arresting and seiz-
| ing liquor brought into the state for the
| personal use of the parties interested. 1t
| does not go into the general question of
traffic in liquor. We have been operating
under the injunction Of Judge Simonton
| for more than year, and the decision
| rendered to-day does not materially effect
| the existence of the law. We will go
| right ahead and enforce the law, so as
not to conflict with the supreme court,
| but If we find that the law is not broad
enough l will undertake to get a special
| act of congress passed to give us all the
power we desire to enforce the law. The
| fight Is not over, by jug full, and we VIII
continue to defend the dispensary law.
because we believe it is for the good Of
the people Of the state"
"Wil not the decision rendered to-day
enable or encourage people to evade the
law and make combinations to get liquor
into the state under the pretext that 1t is
| for their personal user
''If they do we will capture their stuff,
| Just as we are doing to-day. II any fur
ther legislation is necessary our iegisla-
| ture is in session and we will amend the
| law to meet any emergency that may
arise There is a mistaken idea prevail
ing in the minds OF certain people that
| the dispensary law was enacted to give
| the state revenue. That was not the In
| tention OF the trainers of the law. We
want to break up the barroom system and
curtail the consumption of liquor in the
state We don't care anything about the
drunkenness and check the influence Of the
rum sellers in state politics. a great deal
has been said about the dispensary law
being used TO promote the political ambi-
tions Of certain men In the state. Those
charges are without foundation, and 1t
will not do for the enemies of the law to
keep up that old cry
Senator Irby said he was unable TO see
the text Of the decision, but the impression
given him by those who listened TO its
reading by Chief Justice Fuller was that
the court decides the entire dspensary act
unconstitutional. He read Mr.. Justice
Browns dissent which seems to take the
ground that the majority of the court erred
IN declaring the whole act unconstltu-
tional
Il have always believed in the spirit Of
the dispensary law" said Senator lrby
"but realize that II has been rendered
obnoxious 20 a majority of the people of
the state by the methods employed in eX-
eeuting IT, Even II the court has not de-
elded the entire act unconstitutional by
deciding the interstate commerce feature
of the law unconstitutional, the decision
practically sounds the death knell Of the
| law In South Carolina. THE law Is un-
popular in the state because IL
| increaaea the prfce OF liquor to