The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1897-07-02

Representative Wilson made a
clear statement Of the matter to a
member who was seeking light on
tho subject.
Prior to tho Wilson act of 1880,
he said, the supreme cou't of the
! United States decided that liquors
wcro recognized commodities and ar
ticlcs OF commerce, and that, there
fore, II State had no power to pro-
hibit tho importation and salo Of
them H.! the importer in original
| packages, unbrokcn and unopened,
i'll tho absence of Legislation by con
gross, because repugnant to the
clause of tho Constitution which
grants to congress the power to reg.
! ulatc commerce with foreign nations
and among tho several States.
: In consequence of that decision
congress passed tho Wilson. act in
! 1890, which declared that all liquors
transported into State or Torritory,
, or remaining therein for use, con-
sumption, sale or storage, shall upon
tho arrival therein be subject to the
laws of such State or Territory en-
acted in the exercise of its police
powers.
The supreme court decided in
Scott VS.. Donald that tho dispensary
law docs not como within the pro-
lection Of tho Wilson act because it
is not il lawful "exerciso of the
police power" but discrimination
by the State in favor of itself, and,
therefore, as void rs if tho Wilson
act had mover boon passed. The do
olson is fatal to the dispensary law
SO far as it attempts to prevent I'M
portations Of liquors. Thereupon
tho legislature, at its last session,
! passed amendments which would
make the importutions practically
impossible by requiring inspection
: certificates upon imported packages,
under the rights reserved to the
States in the inspection clause" Of
, the Constitution Of the United
States. But Judge Simonton in his
n To- \ II
ments void, as being impediments to
Interstate commerce, and not in re-
ality for "inspcction" purposes. So
tho dispcnsary law is now just where
Scott and Donald left it,--void as to
imponations in original packages.
The pending bill gives the requisite
enlargement, he said, to the Wilson
act, by striking from it the restrlct
ing words, "cnacted in the exercise
of its police powers" (Which were the
basis of the Scott VS.. Donald drci
sion and by adding the additional
clause, "and such States shall have
absolute control of such liquors or
liquids within their borders by
whomsoevcr produced and whatever
use imported" This is the cold
legal Wow of Representative Lati-
mer's bill, and it takes the average
lawyer only second to discover the
reductiO al ab-surdnm Of the prop
osition, yet it is the purpose Of both
senators and representatives, to relax
no effort in securing congressional
relief.
The report that Ma ior Blalock is n
candidate for United States marshal
for South Carolina is unfounded. 81
am am not II candidate for marshal
Or any other place in the gift of the
administration" said the ma or to-
day to The State representative.
However, tho candidates are num-
erous. II. Nj. Wallace leads the pro
ccssion, with Cunningham close
second. Merick, Pride and Tolbert
follow. The torn Of tho present in
cumbent expires next April, bnt There
is some pressure TO make a change
at oncc.
| Union postot1icc is is on tho list
The applicants are j. Calhoun Hun,
ter, ID. G. Gist and Norris Hunter.
Robert t'malls, applicant for the
Beaufort collectorship saw tho Pres
idont to- day.
Wise Men Know