Lancaster enterprise. [volume] (Lancaster, S.C.) 1891-1905, 1898-01-12

'''i'i'N ''it iiiN "illi
towards those who were charged
with the enforcement Of the Dis
pensary law SO completely de
moralized the State Constables
that they wera of little use. and
became almost Il dead expense to
the State. The cost of maintain
ing the Constables was about 81,
600 per month. They were afraid
to selze liquor for fear the Fed
eral Judge would Jail them for
contempt. When they did make
Il seizure it was, with few eXcep-
tions, released and the Constables
enJOined. lnasmuch. therefore.
as Judge SimOnton had practic-
ally paralyzed the coustabulaIv,
| dismissed the force, leaving the
responsibility for the enforcement
oi the law, in the incorporated
towns and cities, in the hands of
the city and town authorities.
! retained Il few detectives to
suppress "blind tigers" i'm the
country where the people have
little or no protection The Dis
pensary Act makes il the duty of
the State Board of Coutrol to
withhold its share Of the profits
OF the Dispcnsary from any town
or city in which the authorities
do not enforce the law. So far
the profits have been with held
only from the town of Sumter.
and 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 fol
lowing condition of affairs: Tn
der the protection of IA Circuit
Judge of the United States Court.
liquor is being sold throughout
the State. i'm the country Is well
as in the municipalities. and in
defiance Of the laws of the State.
Tn" rights of Il sovereign State to
police and regulate the liquor
trailic In its owl way is nullitied
and trampled under foot. The
Act of Congress of July s, 1890.
has been, so far as South Carolina
is concerned, repealed, and we
are told that the enactment of
prohibition alone gives Il
State the right to "original pack
age" dealers, unless the profit
feature of the Dispensary is de
stroyed. The language of Judge
Simonton in the Nandercook case
is as follows: "If all alcoholic
liquors, by whomsoever held, are
declared contraband they cease to
belong to commerce, and are with
IN the jurisdiction of the police
power. But so long as their man
uiacture, purchase or sale, or their
use as a beverage i'm any form or
by any person, are recognized,
they belong to commerce, and are
without the domain of the police
power The power to license
the sale of liquor, to the exclu-
sion OF these inter state commerce
dealers in "original packages, "
has been therefore estroyed by
the decision, unless it should be
reversed by the Supreme Court
The Attorney General of the
State has appealed, but the ap
peal will not be heard until March
I, too late for you to know what
the decision will b.. in time to
legislate in accordance Herewith.
1t cannot be doubted thu, "A
large majority of our people ia
vor the Dlspeusary law, if it can
be secured AGAINST the interter-
cncc of the Federal Courts. Three
successive General Assemblies
have declared in favor of the Dis
penSary aS the best method of
dealing with the liquor question.
Our Representatives in Congress
are at work seeking to secure ad
ditlonal legislation for the protpc
tl"n oi the State against the in
reference of the United states
Judiciary. The I'nitcl States San