Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1898-01-15

almost a dead expense to the state.
The cost of maintaining the consta-
bles was about $4,000 per month.
They were afraid to seize liquor for
fear the federal Judge would Jail them
for contempt. When they did make
seizure it was, with few exceptions,
released and the constables enjoined.
Inasmuch therefore, as Judge Simon
ton had practically paralyzed the con-
stabulary, I dismissed the force, leav-
ing the responsibility for the enforce
ment of the law, in the incorporated
towns and cities, in the hands of the
city and town authorities. retained
few detectives to suppress "blind IT,
ters" in the country where the people
have little or no protection. The dis
pensary act makes it the duty of the
state board of control to withhold
their share of profits of the dispen-
sary from any town or city in which
the authorities do not enforce the law.
So far the profits have been withheld
only from the town of Sumter, and I
have appointed a constable to be paid
out of the towns share of the profits,
to see that the law is enforced there.
We have, then to face the following
condition of affairs: Under the pro-
lection of a circuit judge of the United
States court, liquor is being sold
throughout the state, in the country
as well as in the municipalities, and in
defiance of the laws of the state. The
right of a sovereign state to police and
regulate the liquor traffic in its own
way is nullifed and trampled under
foot. The act of congress of July 8,
1890, has been, so far as South Caro-
lima is concerned, repealed, and we are
told that the enactment of prohibition
alone gives a state the right TO exclude
"original package" dealers, unless the
profit feature of the dispensary is de-
stroyed. The language of Judge ST.
monton in the Vandercock case is as
follows eff all alcoholic liquors, by
whomsoever held, are declared contra
band they cease to belong to COM
merce, and are within the juris-
diction of the police power. But
so long as their manufacture, pur-
chase or sale, or their use as
beverage in any form or by any
person, are recognized, they belong to
commerce, and are without the do
main of the police power" The pow
er to license the sale Of liquor, to e1-
clusion of these interstate commerce
dealers in "original packages" has
been therefore destroyed by this decis-
ion, unless it should be reversed by
the supreme court. The attorney gen.
eral of the state has appealed, but the
appeal will not be heard until March
Z, too late for you to know what the
decision will be, in time to legislate
in accordance Herewith.
1t cannot be doubted that large
majority of our people favor the dis
pensary law, if it can be secured
against the interference of the federal
courts. Three successive general as
semblies have declared in favor of the
dispensary as the best method of deal
ing with the liquor question. Our
representatives in congress are at
work seeking to secure additional
legislation for the protection of the
state against the interference of the
United States judiciary. The United
States senate has already passed a
bill by unanimous vote giving the COM
plete control of iDtoxicants to the
states, and it is hoped that the house
also will pass it. But we must have
immediate relief from the present in
tolerable conditions. Free liquor,
with its accompanying increase of
drunkenness and the consequent in
creased of crime must at all hazards
be got rid of. As I have said, IL
cense law will not secure immunity
from this evil. Judge Simonton has
destroyed, along with the dispensary,
the license system when run for profit.
What, then, is left to do? We must
either enact prohibition or continue
the dispensary system without the pro-
fit feature. Many-a majority, l be-
lieve-do not think prohibition is prac-
ticable; and many have approved the
dlspensary system because of the profit
feature. We can certainly get rid of
the "original package" dealers and
their demoralizing traffic by continu-
ing the dispensary, shorn of all profits
and administered only as police reg
ulation to control and reduce the Ii
quor evil. The federal judge will have
neither occasion nor excuse for his
ever-ready injunctions, if that system
shall be inaugurated, unless he
shall again reverse his own previous
decision. This, then, appears to me
the best and almost the only thing left
US to do. We might try this policy
for a year, and next winter, after con-
gress shall have acted, or failed to act
and after the supreme court at Wash
ington shall have decided what is to
become of the states power to control
liquor under the Wilson bill of 1890,
we shall be in position to take final
action.
WHERE DOES THIS ROCK HIT ?-1f
case of smallpox should develop in