The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1897-06-18
THE NEWBERRY HERALD AND NEWS, JUNE IS, 1887.
The Dispensary and Judge Slmonto,.

The Dispensary and Judge SImonton.
Clause 3, Section 9 Of tho Constitu-
tion of the United States declares that
Congress shall have power: "1'O recu-
lato commercc with foreign nations,
and among the several States, and with
the Indian tribes"
Under this clause It is very clear
that all commercial intercourse be-
tween the several States is subject to
the regulation of the general Congress-
of the United States. aud to that only.
From this 1T follows that no State has
tho right to prohibit tho importation
of any article which is no, absolutely
contraband by the laws Of nations or
of the United States. This has been
clear to me ever since the first dispcn-
sary law was made. Any citizen has
tho right to import amy liquors Of any
kind whatever aud in any quantity: no
matter how done up nor in what kind
of packages. The State has no right
to seize it in transitu. nor in its place
of deposit, let that place of deposit be
where it may, in a private or public
warehouse or dwelling SO long rs it is
not public nuisance.
So far the Constitution aud laws of
the United States protect the importer
and the State has no power to touch
has done no wrong. Aud here the pro-
tecting power of the United States
ceases, the shield of tho Constitution
is withdrawn, for there is Il great and
wide difference between Interstate
commerce and in-Stutc commerce..
The one is subject to the jurisdiction
of the United States, the other to that
of the States separately and individu-
ally. South Carolina, for instance, has
frequently required q special license Of
all travelling hawkors and peddlcrs, to
be paid in advance before they were
permitted TO sell in any district in the
State. The United States had no right
to interfere and to say that such hawk
ers should travel and sell without q
license. II was a matter Of in-Stutc,
and not Interstate commerce. But
according to the late decision of Judge
Simont0n, the United States, or the
Congress of the United States, has the
right to regulate commerce, not only
between the States, but between the
individuals Of the States. In other
words that Congress has the right to
regulate all the internal affairs Of all
the States without exception. The
conclusion is inevitable that the States
have ceased to exist.
No, Judge Simonton's decision that
VIZ iiiPo' oNio vi lilUoI lllilS Scll amy =
where in the State in the original
packages is not good law. In fact it is
not law ut all, oven though the Supreme
Court Of The United States should SO
decide. 1t is good law when he says
that the importation can not be him
dcrcd or intcrfcrcd with. lntcr-Statr
commerce and in-Statc commerce are
very widely different.
1t is possible to frame Il good dispcn-
sary law. First, abolish the profit fca-
turc entirely, and let it, be the duty of
the dispensers to sell as little rs possi-
bic, and if they have nothing to pay
over TO the treasurer SO much the
better. Make the law, if it can he
done at all, a rcformatory measure,
and not Il source of profit to the State.
Making the dispcnsary Il source OF
profit is shame and a disgrace to the
State and to the people. Second, ;lbol-
ish the State constablos. The idea of
having an Irresponsible, armed police
force pntrolinG the country, overhaul
! ing trunks and boxes and breaking
them open and examining their con,
tents in the search for liquors is SO hoi-
riblc that | cannot discuss it, calmly
and coolly. My blood tmglcs and
thrills out to the very tips Of my fingers
whenever I think Of it. And yet the
people of South Carolina have put ul
with these outragcs for years. With
out warrant my house may be entered
at any time. Closets may be forced
| open by q State constable in the search
| for contraband liquors, FOR no Other
reason than tho arbitrary will of the
| constablcs. Such things have been
; done. caro-.