The people's journal. (Pickens, S.C.) 1891-1903, 1897-04-08
CONSTABLlGS TO BIZ TRIED,
The Suits AG,iuS' Ii.,In iDr uunl-
ages in S'iZing Liquor Uniawiuliy
Will Now DC Tried.

Will Now DC Tried.
Judge Si"onton has fled 4 decision
in the Unitr i States Circuit Court in
which he has refused the motion made
by Assistant Attorney General Town
| send to set aside the order OF arrest
against the Stata cOnstablcs charged
with seizinw liquor in transit. 1t will
be recoIlcc:cd that Judge Simonton
issued an order for the arrest Of Con-
stables Scott and Harling for s"zing
q SHIPMENT of liquors consigned to Mr..
H"rkowitz. A few days later y similar
order was issue d against Corstablcs
| Har ling and Roach for capturing
whiskey imported by William Beck
roge, which hc claimed was for per-
SOnal use. This was also seized before
| IT had been delivered to the cOnsipncc
| The plaintiff Brckrogc, in She COM
plant filed on his behalf, stated that
he had shipped TO his own address from
Savannah, Ga, to Charleston, S. c., Il
trunk containing two cases OF Rhine
wine, four ga Ions Of whiskcy, two gal
Ions of California port wine, two bot
ties OF malt whiskc v, products Of II State
other than the S;a'c Of South Carolina,
800 cigars, four dozen oranges, light
cans OF peaches and one pair Of fine
| dress shoes. All Of t. csc intended for
~ wedding festival, his own marriage,
at Charleston on the night OF 27ln Jan.
nhry, 1897. That the goods reach cd
Charleston on the evening Of the 2Gth
January, and that the defendants un-
lawfully, etc, entered the Office of the
Southern Express Company, in the city
Of Charleston, upon arrival of goods in
the city in due course Of transportation,
and while said go6as Here in the custody
OF tho express company in course OF
transportation, and before delivery
thereof to the cOnsignee, etc, took and
carried away tho same.
The decision Of Judge Sim0nton SAYS
the defendants put up as their defense
that they were acting as State con-
stables.
"rhe question:" says the court. sis
, whether such defcr SC protects the con
stables," and recites the disp nsary
law as TO under what conditions the
| cOnStablcs may make seizures.
The opinion OF tho Supreme Court in
the case OF Donald against Scot. is "a
f"rred To to show where the conflict
with the consti tut,oD Of the United
States comes in.
llerce, the acts o. the defendants. in
taking the Bcckr""c liquor out of the
I possession 0f common CARRIER, the
'NErc$s company, was not one OF the
| duties witch the COn>tab'cs could per-
| form under the dispcnsary act, al
| Though IT vas urged st the hrarrup Of
+ ~ cast thAt the cOuStahlcs the de-
| f"ndnnts, acted under orders OF tlc
STATE Off 'ihl', if thry did give SUCK
orders, for wiich tncre was no au-
thority.
The Virginia coupon case, that of
IondcXlcr against GrccnlOw, is cited
IN anpportof the decision. Othercasrs
arc also cited to show that action
against the defendants was not against
tn" state, because it cannot be caimcd
tat State n$tahlGs arc cXcmpt from
arrest for crime. or any act tn, may
commit, while they arc constabl,,s, be-
cause tao dlspensary act cannot so
exempt.
Consequently, when seizure OF
property IN transit, in the hands Of II
common carrier, has been declared by
she highest authority. the Supreme
Court, clearly unlawful, it canr"t he
rXcuSed by the dispcnaary law. Every
citizen is protected in his property: no
man can violate his rights with i'm
punity.
The defense stands upon the absolute
Immunity from Judicial inquiry Of every
one, who asst rts authority from the
executive branch Of the government,
however clear it is that the executive
possessed no such power. The attor-
ney general c0ntcnucd That the mode
OF arrest was only provisional, and for
special cases that The Legislature can
direct to what cases such arrests shall
apply. Admitted but the Legislature.
says the decision, cannot say to what
persons it shall not apply.
All persons are entitled to the same
protection. How ,lso can princip cs OF
individual liberty and right be main
tanned, If when violated the indcial
tribunals are forbidden to visit penal
Lles upon individual Offenders.
Such doctrine is not TO be tolerated ::
the whole frame and scheme of the
political institutions of this country,
State and Federal, protcst against it,.
1t is tn" doctrine Of absolutism, pure,
simple and naked, and OF communism
which is its twin, the double progeny
of the same evil birth.
The motion to vacato the order OF
arrest is refused.
This decision enables tho prosecutor
for damages to go on with his suit and
recover if he can.
80 <n.-----
Spain is 10 desperate straits over