The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-06-01
ENDING THE DISPENSARY.
A COURT DECISION HHICH RID.
DIES and DOOMS IT.

Judge siusonton Decides That Liquors In or,r.
isai Packages May He Imported into south
Csroiisa-Gov EIIerbe's Threat TO clos.
the Dispensary In Case OF such Decision.
COLUMBIA. S. c., May 3l.-Judge Simonton to.
day hled his decision in the Vandercock dis.
pensary case. He pronounces unconstitutional
those parts Of the act of 1897 restricting the i'm.
portation OF liquor in original packages for pcr.
sonal use or tho sale OF such original packages
within this State for use In tho State. This In
regarded rs the dispensary's death blow.
81 an astonished," CALCULATED Gov. Ellerbc at
2 o'clock this afternoon when Judge Simonton',
decision was shown him. The next instant tho
Governor showed that, though astonished, he
was not paralyzed. for an earthquake came and
he sprang from his shaking chair. IL can say
nothing before consulting with the Attorney.
General, who is now out Of the city" the Gov.
ernor finally said.
A shipment Of wines from vandercock in Cal.
ifornia TO a party of Charleston gentlemen was
seized last winter. The California dealer con.
tended he had the right to bring liquors into tho
State, to establish warehouses, and 10 sell from
such establishments tho original packages for
personal use. On that contention he appealed
TO the Circuit Court. The state became ncr.
vous. 1t was the first time this question had
been sprung and the issue was dreaded. 1t Of.
fered to return the confiscated wines,
but yandercock would not compromise
Arguments were made three weeks ago,
J. p. Kennedy Bryan Of Charleston rep;
Barber the dispensary. In his decision Judge
Simonton is very clear. He declares the right OF
q State to prevent the manufacture or sale Of
liquor within its borders in the exercise OF
police powers, but maintains that when a state
recognizes and approves such manufacture and
sale OF liquor as a beverage by engaging in 1t for
profit II precludes the idea that such sale Is con.
sidered injurious to the public welfare. and it IL
not u lawful exercise Of police power to forbid
tho importation OF such liquors or their sale in
original packages for personal use and Consump-
tion, such prohibition under those circumstance
being in conflict with laws OF interstate and for.
eign commerce.
The Judge holds that as the Dispensary law,
amended by the last Legislature, provides for
the sale Of liquor as a beverage in aid Of the
finances Of the State. in so far as 1t prohibits the
importation of liquor In original packages for
pcrsonBl use and the sale of such original pack.
ages within this State it Is in conflict with inter.
state commerce and void. BY the decision OF
the United States Supreme Court, he says. il 10
clear that as long as the State recognizes that
the use of liquor as a beverage is lawful and 10
be encouraged; as long az 1t seeks a MONOPOLY in
supplying such liquor, 1t cannot constitution
ally forbid or hinder IN in such liquor
Gov. Ellerbe said two weeks ago that IL Simon.
ton decided this case against the dispensary he
would shut 1t down. An extra session Of the
Legislature may be called; otherwise the dis
pensary must be closed. 1t could not pay ex-
penses under this decision. The State has in
the various dispensaries between $3.50. 600 and
100000 worth of liquors.