The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-01-19

That Portion of the Law Providing for
/ Inspection OF Liquors Imported Uncon-
|! stitutional.
L Washington. Jan 1S.-The Supreme
Court to-day decided the portion OF the
South Carolina disfensary law which
provides for the inspection of liquors
imported into the State to be In contra
vention of the Constitution Of the Unite
ell States The opinion, which had been
prepared by Justice Shiras, was stated
very briefly by Chief Justice Fuller. The
written opinion is a very elaborate docu-
ment, but the Chief Justice gave a very
brief synopsis OF il, declining afterwards
to give the document to the public
The decision was founded upon the
cose of J. NJ. Scott and r. M. Gardner
VS.; James Donald, in error to the Cir
cult Court of the United States for the
district of South Carolina. The opinion
deals with two phases of the case as
presented. The first of these was the
Jurisdiction of the Circuit Court and
the second the constitutionality OF the act
itself. 1t was held that there was no
doubt on the point of jurisdiction, while
the law itself was overturned ON the
theory that it Disseminated against the
citizens of other States, in favor of those
of South Carolina, and is in contraven
ton OF the right of citizens of the various
States TO free intercourse and commerce
with those Of other States. The court
based its opinion upon the fact that the
traffic" In intoxicating liquors is not abso-
lutely prohibited, but is monopolzed by
the State itself, through the agency of Il
State Commissioner, who is required to
purchase all intoxicating liquors for
lawful SALE" in the State, and to fur
nish the same to persons as may be desig-
mated as dispensers thereof" to be sold
as thereafter provided by the act.
The Chief Justice said that it was
delicate matter to pass upon law look
ing to the restriction OF the traffic in in
toxicating liquors, but that when the law
itself recognized it as subject Of inter-
state traffic, it became the duty
OF the court TO regard it as
any article OF commerce and TO handle
the subject accordingly.
The Chief Justice declared that the law
did not conform to the requirements of
the Wilson bill for the regulation OF in
terstate commerce IN liquors between the
States.
Justice Brown delivered dissenting
opinion, saying that he was unable to see
wherein the law conflicts with the con-
stitution. "The manifest dangers to the
future OF the country" he said, (which
Turk in the infexibility of the Federal
Constitution can only be averted by care
fully Distinguishing between such laws
as practically concern the inhabitants of
a particular State only and are intend
ed bona ffde for their welfare and such
as q mere subterfuge for unlawful dis
elimination and cannot be carried into
effect without doing palpable injustice to
the citizens of other States"
Senator Tillman is highly pleased with
the opinion. He, as Governor of the
State was responsible for the dispensary
law and has been very much interested
in the result of the litigation over the
law. He says the opinion delivered to-day
does not affect the merits of the law as
whole and that the part covered, apply
ing as it does only to the interstate COM
merce feature of the law really makes
the law in its application to the State
stronger than it was before