The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1897-05-05
Attempt to Kill the
DIspensary Law.
The vandercock Co. Assert
the Right Ship and Sell
Liquor in This State.

VIC NISdt 0AlR oho oo'A
Liquor in This State.
Charleston, May 3-The much
li.igated dispensary law is about to
be put on the rack and another at
tack made upon the wsllnigh dead
or apparently rapidly dying relic of
Governor Tillman's administration
The law has been pretty thoroughly
riddled already but another attempt ie
to be made to kill its practical opera
ton and life entirely. That it has
survived the many attacks made upon
it, has been secure of wonder to
many The law is in effect the same
to. day as it was in July 1898, when
it was put into operation. The law
yers, however. have managed to
weaken it in many particulars, until
it stands to-day but mere mass of
verbiage, with no legal support. save
that given it by the administration
officers. 1t is to knock this prop
from under the law that action was
instituted in the United States circuit
court to-day.
The papers in the case were filed
by Mr.. j. P. K Bryan. who has
much experience in fighting the law
The case is brought by W. q Van
dercock u Co.. of San Francisco,
Cal and Constables S W. Vance,
W N. Bahr, j. N Scott. w Living.
ston, G S. Mosely. NJ Peterman and
others are made parties to the suit.
The plaintiffs bill of complaint is
quite lengthy one and deals fully
with the particulars of the several
seizures of their liquor By the con-
stables during the past months, with
which the public is familiar 1t
states that the Vandercock company
has suffered to the extent of $4,000
already and thai with the other ship
ments of liquor now on the way here,
they will sustain a loss of $4,000.
should these shipments be also seized
by the constables as they threaten
The complaint asserts the rights of the
plaintiff to ship liquor into the State
for direct sales, storage and ware
housing and states that the seiz.
ure and cobGscation of this liquor by
the cons:ables is unwarranted and
that 80 much Of the dispensary as
authorizes these acts is in conflict
with the Constitution and laws of the
United States, and therefore null aud
void.
The plaintiff prays relief ofthe court
from these interferences with inter
state commerce and damages to their
trade sand business. 1t asks for an
injunction restraining the constables
from seizing its liquor and also de-
sires to be reimbursed for the dam
ages done.
Upon reading the bill of complaint
and the accompanying af6davits
setting forth the facts in the case,
Judge Simonton signed the following
order, which was given to the
marshal's department to be served
The United States of America, Dis
trict of South Carolina-in the
Circuit Court, Fourth District
w. A Vandercock company, a cor
poration created under and by the
laws of the State of California,
complainants, against S. W. Vance,
W. N. Bahr, j. M. Scott. W. Liv-
ingston. c. S. Moseley, a. Peter
man. citizens and residents of the
State of South Carolina. defend
ants.
On hearing and fling the bill of
complaint herein, and on motion of
Bryan & Bryan, complainant's soli-
citors. il is
Ordered, That the defendants show
cause before this court on Monday,
May 17th, 1897, at 10 a m, or as
soon thereafter as counsel can be
heard at Charleston. S. c., why the
injunction as prayed in the bill should
not issue.
CHARLES b. S1MoNToN,
Sd May, 1897. Circuit Judge
1t has been known all along that
the Vandercock company was max
in preparations Cor such action. Mr..
Bryan was engaged several weeks
ago to recover the carload Of liquor
which had been seized, or it's value,
and to secure such protection for the
compauy's shipments as might be
necessary. The State has refused to
surrender the liquor to It's various
consignees, and has thrown every i'm.
pediment in the way of the COM
pany's trade 1.-THE State.