The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1898-05-17
THE STATE DISPENSARY Law SUSTAINED.
DECISION OF U. s. sUPREmE
COURT.

in Other State for Personal Use
The Inspection Feature Null aud
Void.
Special to News and Courier.
The Supreme Court OF the United
States has handed down its decision in
the case OF Vance, Bnhr ct al against the
w. A. Vandorcook Company, appealed
from the Circuit Court of South Caro-
lima, and the effect of that decision Is
that the validity Of the ~dispensary law
In Its vital parts is sustained. The de-
cis.on places the South Carolina law
clearly within the police powers of the
State. The right OF the State to for
Did the sale Of liquors in the original
packages the Court holds to be clear,
and 1t regards the dispensary law as
merely voicing that right. The opin-
ion of the Court was delivered by Just
ice White. 1t af1irms part of the de.
cision Of the Court below and reverses
part. Chief Justice Fuller and Justices
Shiras and McKenna dissented as to
the portiOnof the opinion reversing any
part OF the opinion of the Court below,
but the other members of the Court
agreed with Justice White.
In his opinion Justice White reviews
at some length the decision Of the
Court in the case OF Scott and Donald
and explains that in neithor case was
IN luSSUlon IdlSSu WnSGncr UnS SlaLS
could, without violating the Constitu-
ton, confer upon certain officers and
agents the sole power to buy all liquors
which were to be sold in the State,
land allowing no other liquor to be sold.
be explained that the present law,
while similar In general scope to that
passed upon in the former decisions,
was different in many particulars, the
clauses which had been found under
thnln fnrfnnr lanioiNn, a., <.>o,,o No.
discriminating against citizens of other
States having been eliminated. Justice
White set out the three grounds upon
which the constitutionality Of the law
is denied by the decision of Judge
Simonton, and pointed out that two of
these go to the very root OF the law
itself, while the third is in its
purport, only assailing as unconstitu-
tional the particular restrictions which
the State puts upon the rights of per-
sons OF another State to ship to South
Carolina, and of residents of that State
to receive liquor for their own use.
Upon this latter feature of the case
Judge Simonton is upheld. The Court
is unanimous in affirming his decision.
But on the other two points, which go
, at the very rooV of the law, Judge
Simonton is reversed and the law is up
held.
The language of Justice White in
summing up the Courts decision is
} this
; 1T follows from the foregoing that the
y decree below rendered was well found.
l ed In so far as 1T restrained the defend.
ants from selling the property shipped
: into the State of South Carolina from
; the State of California by the complain.
ant Tor the residents of the State Of
, South Carolina on the orders OF such
l residents for their own use, because
! said shipments had not been made In
; compliance with the regulations of the
law OF South Carolina. But it further
follows that the decree below was
4 wrong in so far as it restrained the
; State officers from levying upon the
} property of the complainant for the
, purpose of being stored therein in orr
: ginal packages and from interfering
with such sales. Chese conclusions re-.
quire that the Judgment below be
: affirmed in part and reversed in part
y Inls renders 1T necessary to remand
. the case TO the Court below with in.
. structions to enter q decree setting
i aside tbs. injunction and Diminishing the
' bill TO the extent above indicated and
perpetuating the injunction only in SC
, lar as 1t Ia ,.oove pointed out, the whole
l in accordance with the views herein.
above expressed, and it is so ordered
4 The effect of1his decision is hat the
inspection prof. ZION OF the law is tan
p tamount to a denial of the right Of
, Interstate com merce and therefore
i a~ntagonistic to the Constitution of the
u United States, white in all other essen.
I tlal respects the law is held to be valid
4 discussed among Sob ACarolina PEG.
y pie here. Senator Tiy&N8l J, in discuss.
. ing it, said:
u 1T seems to me thG,'uispepsary law
. is decidedly on top. With this decis.
. ION the mere question of supprcssing
J blind tigers will not be very difficult
= The only modification made necessary
by this decision is as to the require
d ment for the analysis and inspection OF
{ Will not be very difficult to meet this.
!, L believe this decision of the Court
! means that the question is settled for
all time, so far as the United States is
concerned, and the dispensary system
= Will be left alone to work out its own
/ destiny. All hat Governor Ellerbe
= Will have to do is to reorganize the
, c~onstabulary, and, If necess airy, use the
metropolitan police and enforce the
law ; in other words, suppress the mi,
cit sales. | think the Governor could
we'll afford to declare an amnesty and
facilitate the expectation of all LIQUORS
now held by the original package peo-
pie, with the understanding that after
a certain day tie law will be enforced
with all yigor. In other words, now
that the law Ia declared constitutional
1T might be we'll to take a new start
with those who have gone into the
Illicit sale with the idea that the law
was unconstitutional"
Commenting upon the political feet
or the decision, enator Tillman said he
believed the decision would strength
en- the Governor as we'll as the Re-
form Movement very much.
Senator McLaurin said This de-
cision takes the matter out of the
Courts and leaves its settlement to the
people. 1t means that the dispensary
law Is a fixture, and will never be
changed unless there is q change In
sentiment OF the people, and that ia
rehected through State legislation.
Inc decision puts the vital features of
the dispensary law necessary to it's en-.
forcement within the police powers of
the State. 1t Is q very important de-.
clsion, and doubtless will lead to ex-
periments of the same nature as the
south Carolina ~dispensary In other
states. think" he added, that the
decision Will have a very marked effect
on the campaign In South Carolina. /
regard 1t as favorable to the re.elec-
| linn ut nIr Tnnna. -