The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1897-01-26
Liquor Can Be Imported for Personal Use.
THE U. s. SUPREME COURT sUs.
TAINS SINIONTON.

The Highest Legal Tribunal i'm the
Land Holds That the Interstate
Commerce Feature of Our Dispen-
sary Law Is Null and Void-Justice
Brown Dissents on High Ground.
The Supreme Court of the United
States has decided that the portion of
the South Carolina Dispcnsary law
which provides for the inspection of
liquors imported in the State to be in
contravention to the constitution of
the United 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 document,
but the Chief Justice gave very briof
synopsis of it, declining afterwards to
give the document to the public.
The cases at bar were begun in the
Federal court for South Carolina by
James Donald, q citizen Of this State,
upon the seizure of a case of California
claret, six bottles of Maryland whiskey
and barrel OF Rochester, N. Y, beer,
by S. M. Gardner, M. II. Holly, ST., E.
9. Beach and j. M. Scott, State con-
stables, acting under the provisions of
the dispensary law directing the
seizure OF all the liquors in the hands
of any common carrier, agent or pri-
vato citizen, not sold by tho State
agent, whether imported or other
wise. The trial court gave Donald
Judgment for 5000 in each case and the
constables appealed. The cases wers
argued last fall, the validity of the en-
tire law being brought into question.
The opinion of the court stated that the
proceedings were not suit against
the State, which could not be brought
without its consent, and that the plead
ings of the record raised questions
which gave the Supreme Court OF the
United States jurisdiction of the whole
subject. The law was discussed at
great length in the opinion and many
authorities cited. the result being that
the judgment of the court below in
favor OF the owner of the liquors was
affirmed with costs, for the reason that
the law was in contravention of the
clause OF the national constitution re-
gulatlng commerce between the States.
The opinion conceded that the legisla-
ture of the State passed the law in
what it believed to be the exercise of
It's police power and with no intention
to Interfere with the operation of any
Federal law or to discriminate against
the products of any other State, but
that Intention, it continued, could not
finally control the determination of
the effect of the law.
The Chief Justice said that it was a
delicate matter to pass upon a law
looking to the restriction OF the traffic
In Intoxicating liquors, but that when
the law itself recognized it as q subject
of interstate traffic, it became the duty
OF the court to regard it us any other
article OF commerce, and to handle the
subject accordingly.
The Chief Justice declared that the
law did not conform to the require
lnents of the Wilson bill for regulation
Of Interstate commerce in liquors be-
tween the States.
Mr.. Justice Brown recorded vigo-
rous dissent, saying: "The effect of
the enactment Of the Wilson law seems
TO me to withdraw Intoxicating liquors
from the operation OF the commerce
clause of the constitution ana to per-
nit the traffic in them to be regulated
In such manner as the several States,
IN the exercise of their police powers,
shall deem best for the general in
terests of the public. This act is not
limited in It's operation, as the majority
opinion seems to assume. to State laws
forbidding the Importation, manu-
lacturc and sale OF such liquors, but
declares that they shall be subject
upon their arrival within the State to
the operation of all its laws enacted i'm
the exercise of its police powers.
Now, as congress has expressly de-
clared that such articles shall, upon
their arrival in the State, become sub
Jcct to its laws to the same extent as
II they had been originally produced
there, and as the dispensary law does
not declare them contraband as i'm
ported liquors or because they were
imported, but because they were not
bought from State officer authorized
TO sell the same, and as the law makes
no discrimination In that particular
between imported and domestic liquor,
1T Is impossible for me to see why con
gress has rot directly authorized the
action that was taken by the State
officers in seizing these liquors.
But as [ understand, the court
bases, to a certain extent, its opinion
of the constitutionality of this act upon
the Tact that the traffic in Intoxicating
liquors Is not absolutely prohibited,
but is monopolized by the State itself
through the agency Of Il State commits
sion.
Granting that the act gives the
State itself monopoly of all the traffic
in such liquors, it is not Il monopoly in
the ordinary or obvious sense of the
term, where one individual or corpora
tion is given the right to a manufacture
or trade which is not open to others,
but monopoly for the benefit of the
whole people of the State, the profits
of which, il any, are enjoyed by the
whole people; in short, a monopoly ia
the same sense in which the postollice
department and the right to carry the
mails, is monopoly OF the federal gov
crnmenG."
Quoting Chief Justices Marshall and
Waite upon the necessity of the ex-
pediency of the courts acting with
great delicacy and hesitation in dcclar-
ing q statute unconstitutional, Justice
Brown concluded: "I regard these
words as particularly applicable to the
dealings by this court with the pro-
ccedings OF State legislature and
that their right to deter mine what is
for the best interests Of their people
should be carefully respected, except
where it comes ir manifest conflict
with tho dominant law. Especially
should everything be avoided which
carries the suggestion of vexatious
interference with State action. The
manifest dangers to the future OF the
country, which lurk in the ipliexibi-
lity Of the Federal constitution can
only be averted by carefully distin-
gushing between such laws as practi-
cally concern the inhabitants Of a
particular State only, and are intend
ed bona fide for their welfare, and such
as are a mere subterfuge for an un-