The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1898-01-14
ESTABLISHED 1865,

| L
ported for personal use only. The
State constables, under my in,
structions, seized quantities Of whis-
key where there were suspicious cir.
cumstances connected with its i'm
portation; but upon application 10
Judge Simonton nearly all the whis-
, key seized was released
Beginning with this decision, the
State has been involved in con
tinuous litigation. IN tho case OF
Elk Parto Loeb Judge Simonton
held that. agents of liquor dealers
outside the State might come into
the State, take orders for liquors
and chip them to citizens of the
State. Encouraged by the above de-
cisions, the liquor mon applied to
the United States Circuit Court for
greater privileges and in the Van
dercook 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 unbroken
packages of all sizes not less than
one half pint. This led to the open :
ing in tho State of hundreds of pri-
yate liquor houses and flooded the
whole Of South Carolina with whis-
key. .....
Blind tigers, furnished by "orig-
inal package" Dealers began the
sale of whiskey in quiet, peaceful
communities where liquor had mover
been sold. In my efforts to enforce
the dispensary law as modified by
tho Judges decisions 1 met with
great difficulties. At ono time Judge
Simonton seemed to assume the COM
bined prerogatives of the Chief E1-
ecutive and the Legislature Of South
Carolina, and undertook the amend
ment of tho dispensary law by in
junction. The Governor, the con-
stables, and all persons connected
with the enforcement of the law
were enjoined from interfering IN any
way with the "originaI package"
dealers, and law enacted by the
representatives of q sovereign State
was practically repealed by Fed
eral Judge.
When it was reported to mo that
Warn, Byrd IL Co., "original pack
age" dealers at Bamberg, wore sell.
ing whiskey to drunkar6 I imme-
diately ordered tho constables to
seize their liquors and arrest them
for maintaining nuisance. This
was done, but they applied to Judge
Simonton to have the stock Of liquors
returned at once, aud asked that the
constables and all persons acting
under them, or by virtue of authority
from them, be restrained from fur
thor intermeddling with the said
property. This request was granted
Notwithstanding witnesses swore that
they had seen tho man who bought
liquor at or about the time of the
sale, and that he was drunk. The
Judge held that, to be guilty of the
otfense of selling toa drunkard, the
party selling must either know or
must have substantial reason to be-
lieve that tho party buying was
drunk at the time.
Again, in the case of e. j. O'Connor
VS.. Goo. S. McCravy ct. al, Geo. S
NcCravy, Sheriff Of Laurens Coun-
ty, notified me that four two horse
wagons had been sent to Augusta
for whiskoy and that on their way
back to Laurens he received infor.
nation that the drivers were drunk
and boistorous and were selling whis.
key from tho wagons. l ordered the
wagons and liquors seized as soon as
they arrived at Laurens. Thereupon
E. j. O'Connor filed n bill of complaint
in the United States Circuit Court
praying for q perpetual injunction
restraining tho dofendants from selz-
ing liquors Of the complainant.
Upon this bill being filed Judge ST.
monton granted a rule against the
defendants, requiring thom to show
cause why temporary writ Of in
junction should not be granted; and
at the same time he made restrain
ing order to tho following effect, to
WV '''JolhihS Iho ooleiiudllS from
seizing or Attempting to. seize, in
transit or aftor arrival, orEotherwise
carrying away or confiscating:or de-
tanning any Of the liquors, wines or
beer imported or sent into the State
by tho complainant: and further
more commanding said defendants to
forthwith deliver tho horses, wagons,
wines and liquors to the possession
and control of the complainant.
In tho above instances you can soc
some of the difficulties that have con
fronted mo in the enforcement of the
dispensary law. "Originol pack,
age" dealers have been allowed to
soil to drunkards, and from wagona
on public highways. Whenever u sol
zure was made the complainant
would hasten to Judge Simonton,
who seemed at all times ready and
willing to lend helping hand to
| such apDlican'S ,Judoe SlmOnton's