The Lexington dispatch. [volume] (Lexington, South Carolina) 1870-1917, 1898-01-19

for liquors and ship them to citizens OF
the State. Encouraged by the above
decisions, the liquor men applied to the
United States Circuit Court for greater
privileges, and in the Vandercook de-
cision were granted oil they desired.
In this case the same judge held that
citizens Of snother 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
opening in the State OF hundreds OF
private liquor houses and flooded the
whole of South Carolina with whsskey.
Blind tigers, furnished by Original
package" dealers, began the sale OF
whiskey in quiet, peaceful communi'
ties, where liquor has never been sold.
In my efforts to enforce the dispensery
law, as modified by the judges decls-
ions I met with great difficulties. AT
one time Judge Simonton seemed to es-
sumo the combined perogatives OF the
Chief Executive and the Legislature OF
South Carolins, and undertook the
amendment of the dispensary law by
injunction. The Governor, the con-
stables, and all persons connected with
the enforcement of the law, were en-
joined from interfering in any way with
the Original package" dealers, and
the law enacted by the representatives
of a sovereign State was practically re
pealed by Federal Judge.
When it was reported to me that
Warn, Byrd 4 Co., Original package
dealers at Bamberg. were selling whls-
KEY to drunkards, I Immediately order
ed the constables to seize their liquors
and arrest them for maintaining anus,
ance. This was done, but they applleai
to Judge Simonton to have the STOCK OF
liquors returned at once, and asked tha'
the constsbles and all persons actlnS
under them, or by virtue OF authority
from them, be restrained from turtner
intermeddling with the said property.
This request was granted, notwlth,,
standing witnesses swore that they had
seen the man who bought liquor at or
about the time of the gale and that he
was drunk. The Judge held that, to
be guilty of the offense of selling g TO a
drunkard, the party selling must elther
know or must have substantial reason
to behave that the party buying was
drunk at the time
Agein in the case of E. }. Connor yss
Geo. s. McCravy ct al, Geo. S. Nc
Gravy, sheriff of Laurens county, notl,
fed me shat-four two-horse wagons had
been sent to Augusta for whiskey and
that on their way back to Laurens he
received information that the drivers
were d. unk and boisterous and we're
selling whiskey from the wagons: |
ordered the wagons and liquor seized
as soon as they arrived at Laurens.
Therenpon E. J. Connor filed bill OF
complaint in the United States
Circuit, Court praying tor a
perpetual injunction restraining the
defendants from seizing liquors OF the
complainant. Upon this bill being
fled Judge Simonton granted rule
against the defendants, requiring
them to show cause why temporary
writ of injunction should not be grant.
ed, and at the same time he made re-
straining order to the following effect,
to-wit: Enioining the defendant from
seiZing or attempting to seize, IN tran
sit or after arrival, or otherwise carry
ing eway or confscating or OBTAINING
any of the liquors, wines or beer I'M
ported or sent into the State by the
complainant; and furthermore COM
manding said defendants to forthwith
deliver the horse, wagon, wines and
LIQUORS to the possession and control OF
the complainant.
In the above instance You can see
some of the difficulties that have con-
fronted me in the enforcement OF the
dispensary law. Original package"
dealers have been sllowee to sell to
drunkards, and from wagons on public
highways. Whenever a seizure was
made the complainant would hasten to
Judge Simonton, who seemed at, all
times ready and willing to lend help
ing hand to such applicants. Judge ST.
monton's decisions and his unfriendly
attitude towards those who were charg-
ed with the enforcement of the dispen-
sary law SO completely demoraliZed the
State constables that ii O. were of lit
tie use, and became almost a dead ex-
pense to the State. The cost of main
tanning the constables was about 81, 600
per month. They were afraid to seize
liquor for fear the Federal Judge would
jail them for contempt. When they did
make o seizure il was, with few excep-
tions, released and the constables en-
Joined. Inasmuch, therefore, as Judge
Simonton had practically paralyzed the
constabulary, I dismissed the force.
leaving the responsibility for the en-
forcement of the law in the incorporat-
ed towns and cities, in the hands of the
city and town authorities. l Iretained a
few detectives to suppress ''blind ii
gers 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 dispensary from
any town or city in which the authori-
ties do not enforce the law. So far the
profits have been withheld only from
the town of Sumter, and I have appoint
ed 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 circuit Judge of the United
States Court liquor is being sold
throughout the State, in the country
as we'll in the municipalities, and in
defiance of the laws of the State. The
rights of sovereign State to police
and regulate the liquor traffic in its
own way is nullifed and trampled un-