The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1897-05-11
. PUT ON THE RACK
AN ATTEMPT TO KILL the DIspEN.
SHRH LAW.
biE Damage Snit-rho VnndorcOck Co
Assert tho Right to Ship and s. II LII
qn0r In This state.
Special to The State

llt'Sated dlsPensary law is about to
be put on tho rack and another at
tack mado upon tho woll-nigh doad
or apparently rapidly dying relic of
Governor Tillman's administration.
The law has been pretty thoroughly
riddlcd already but another attempt
is to be made to kill it's practical
operation and lifo entirely. That
it has survived tho many attacks
mado upon it, has boon n source of
wonder to many. Tho law is in
effect tho Same today rs it was in
July 1893, whom it was put into
operation. The lawyers, however,
have managed to woakcn it in many
particulars, until it stands today but ii
moro mass Of vorbiagc, with no To-
gal support, savo that given it by tho
administration officers. 1t is to
knock this prop from undcr tho law
that action was instituted in the
Cnitod States circuit court to-
day.
Tho papers in tho case wore filed
by Mr.. j. p. X. Bryan, who has
much experience in fighting tho law.
Tho case is brought by w. H. Wand
orcock & Co., of San Francisco, CAL,
and Constables S. w. Vance, W. N.
Bahr, j. N. Scott, W. Livingston, G.
S. Mosoley, NJ. Potorman and others
arc mado parties to tho suit.
Tho plaintiffs bill Of complainto IS
quito Il lenghty one and deals fully
with the particulars of the several
seizures of thoir liquor by the con-
stables during the past months, with
which tho public is familiar. 1t
states that the Vandorcock company
has suffered to the cxtont Of $1,000
already and that with tho other ship
ments of liquor now on tho way
here, they will sustain a loss of S1O,-
600, should these shipments be also
seized by the constables as they
threaten. The complaint asserts the
rights of tho plaintiff to ship liquor
into tho State for direct sales, stor,
ago and warchousing and states that
tho seizure and confiscation Of this
liquor by tho constahlcs is unwar-
rantcd ana that so much of the dis
ponsary rs authorizes thosc acts is
in conflict with the Constitution and
laws Of tho United States, and thore-
fore null and void.
Tho plaintiff prays relief of tho
corht from these intcrferences with
Interstate commerce and damages to
thoir trade and business. 1t asks
for an injunction restraining tho con-
stables from seizing it's liquor and
also desires to be reimbursed for the
damages done.
Upon reading tho bill Of complaint
and the accompanying aflidavits sct
ting forth tho facts in tho case,
Judge Simonton signed tho follow
ing order which was given to the
marshaPs department to be served:
The United States Of America, Dis
trict of South Carolina-in the
| Circuit Court, Fourth District.
W. A. Vandorcocll company, a cor
poratjon created under and by the
! laws of tho State of California,
complainants, against S. w.
| Vance, w. N. Bahr, j. Nj. Scott,
| W. Livingston, G. S. Moseloy, II.
| Poterman, citizens aud residents Of
| tho State of South Carolina, dc,
fendants.
On hearing and filing the bill OF
complaint herein, and on motion OF
Bryan & Bryan, complainant's sole.
itors, it is
Ordered, That tho defendants
show cause before this court on
Monday, May 18th, 1897, at 10 n. m.
or as soon thereafter as counsel can
bc heard at Charleston, S. O., why
tho injunction as prayed in tho bill
should not issue.
CHARLES Fl. SIMoNroN,
Bird May, 1907. Circuit Judge.
1t has boon known all along that
tho Vandercock company was max.
ing preparations for such action.
Mr.. Bryan was engaged several
weeks ago to recover the carload OF
liquor which had boon soized, or it's
value, and to secure such protection
! for tho comOonv,a sb;pn,onto q,