The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1898-01-19

To MI. Gentlemen OF rmE GENERAL ASSEMBLY:

Court for greater privileges and in the
andcroook decision were granted all
they desired. In this case the same
Judge held that citizens Of another
state might import, store away, and
sell liquors in original unbrokcn pack
ages Of all sizes not less than one half
pint. This led to the opening, in the
State. Of hundreds of private liquor
houses and flooded the whole Of South
,, Carolina with whiskcy.
Blind tigers, furnished by "original
package dealers, began She sale Of
whiskcy in quiet, peaceful communi-
ties where liquor had never been sold.
In my efforts to enforce the dispenssry
law as modified by the Judges decis-
ions I met with great difficulties. a:
one time Judge &monton seemed to
assume the combined prerogatives OF
the Chief Executive and the Legisla-
ture of South Carolina. and undertook
the amendment Of the dispcnsary law
by injunction. The Governor, the
constablcs, and all persons connected
with the enforcement OF the law, wore
enjoined from interfering in any way
with the original package dealers,
and law enacted by the representa-
tivcs Of sovereign State was practi-
cally repealed by Federal Judge.
Whom it was reported to me that
Warn. Byrd & Co., Original package"
dealers at Bambcrg, were selling whis-
key to drunkards, Immediately or
dcrcd the constablcs to seize their
liquors and arrest them for maintain
ing nuisance. This was done, but
they applied to Judge Simonton to
have the stock Of liquors returned at
once, and asked that the eonstables
and all persons acting under them, or
by virtue Of authority from them, be
restrained from further intermeddling
with the said property. This request
was granted, Notwithstanding wit
nesses sworc that they had seen the
mon who bought liquor at or about the
time Of the sale, and that he was
deunk. The Judge held that, to be
guilty Of the offcnse of selling to a
dsanksrd, the party selling must
either know or must have substantial
reason to believe that tho party buy
ing was drunk at the time.
Again, in the case of T.. j. O'Con-
nor VS.. George s. McCravy ct oil,
George s. McCravy. sheriff Of Laur-
ems County, notified me that four two
horse wagons had been sent to Au-
gusta for whiskcy and that on their
way back to Laurens he received in
formation that the drivers werc drunk
and Doistcrous and were selling whis-
key from the wagons. | ordered the
wagons and liquors seized as soon az
they arrived ct Laufsns. Thereupon
+. j. O'Conror fled bill Of COM
plaint in the United States Circuit
Court praying for perpetual injunc-
tion restraining the defendants from
seizing liquors of the complainant.
Upon this bill being filed Judge ST.
monton granted rule against the de-
PENDANTS, requiring them to show
cause why temporary writ Of injunc-
tion should not be granted; and at
the same time he made restraining
order to the following effect, 70 wit
Enjoining the defendants from seiz-
ing or attempting to seize, in transit,
or after arrival, or otherwise carrying
away or confiscating or OBTAINING any
OF the liquors, wines or beer imported
or sent into the State by the com
plainant: and furthermore command
ing said defendants to forthwith de-
liver the horses, wagons, wines and
liquors to the possession and control
of the complainant.
In she above instances you can see
some of the difficulties that have con-
frontcd me in the enforcement Of the
dispensary law. ';Urignai package
dealers have been allowed to sell to
a..nEer.l.. =:a :-cas =e=sn==.= o= public sA!:
highways. Whenever a seizure was
made the complainant would hasten
to Judge Simonton, who seemed at all
times ready and willing to lend a help
ing hand TO such applicants. Judge
Sisnonton's 8 decisions and his unfriend.
ly attitude towards those who were
charged with the enforcement OF the
dispcnsary law 40 completely demoral-
lied the State constables that they
we're Of little use, and became almost
dead expense to the State. The
cost Of maintaining the constablcs was
about $4,000 a month. They were
afraid to seize liquor for fear the Fed.