The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1898-01-19
COURTS CRIPPLE THE Law.

GIfpptcu tu0 law ouu ICuu0ICu iutlts
all my efforts for it's enforcement BY
holding in the case of Donald vs.
Scott that citizens of the state have {
right to import whiskey for personal
use. A great many who were en-
gagged in the Illicit traffic of whiskey
took advantage of this decision to im
port whiskey for sale !; j,
thus became very difficult fol
state constables to tell when il
was imported for personal use only
The state constables under my in.
strncticns seized quantities of whis'
key where there were suspicious
circumstances connected with its
Importation: bet upon application
to. Judge Simonton nearly all the
whiskey seized was released.
Beginning with this decision. the
state has been involved in contiuu
Gus litigation. In the case of Ex.
Parte Loeb, Judge Simonton held
that agents of liquor dealers outside
the state might come into the state,
take orders for liquors and ship them
to citizene of the state. Encouraged
By the above decisions the liquor
men applied TO the United States Cir
cult court for greater privileges and
in the. Yandercock decision were
granted all they desired In this
case the same Judge held that citi-
zens of another state might import.
store away, and sell liquors n origi-
nal unbroken packages of all sizes
not less than half pint This led to
the opening in the state of hundreds
of private liquor houses and flooded
the whole of South Carolina with
swhiskey.
.sBlind tigers" furnished by .sorig-
,inal package dealers, began the
sale Of whiskey in quiet, peaceful
communities where liquor had never
been sold. In my efforts to enforce
the dispensary law as modified by
the judge's decisions | met with
great difficulties. At one time Judge
Simonton seemed to assume the com
bined prerogatives of the chief ex-
ecntive and the Legislature of South
Carolina, and undertook the amend
ment Of the dispensary law by in
junction. The governor, the corsta-
bIes. and all persons connected with
the enforcement of the Law were en-
Joined from interfering in any way
with the original package dealers.
aud alaw enacted by the representa-.
sives of q sovereign state, was practi-
cally repealed by a Federal judge.
When it was reported to me that
Yarn. Byrd & CO., Original pack.
age" dealers at Bamberg, were sell
ing whiskey to drnnkards | immedi-
ately ordered the constables to seize
their liquors and arrest them for
maintaining a nuisance THIS was
done, but they applied to Judge ST
monton to have the stock of liquors
returned at once, and after that the
constables and all persons acting un-
der them, or BY virtue of authofity
from them. be restrained from fur
ther iDtermeddling with the said
property This request was granted,
Notwithstanding Witnesses swore that
they had seen the man who bought
the liquor at or about the time of the
sale, aud that he was drunk The
judge held that to be guilty of the
offence of selling to q drunkard the
party selling must either know or
must have substantial reason to be
lieve that the party buying was drunk
at the time.
*
nthc above instances you can see
some of the difficulties that have con.
fronted me in the enforcement of the
dispensary law "Original package"
dealers have been allowed to sell to
drunkards and from wagons on pub.
lie highways. Whenever seizure
was made the complainant would has.
ten to Judge Simonton, who seemed
at all times ready and willing to lend
q helping hand to such applicants.
Judge Simonton's decisions and his
unfriendly attitude towards those
who were charged with the enforce
ment of the dispensary law, so CON-
pletely demoralized the state con,
stables that they were of little use
and became almost dead expense to
the state The cost of maintaining
the constables was about 81. 600 per
month They were afraid to seize
liquor Cor fear the Federal judge
would Jail them for contempt. When
they did make a seizure, it was. with
few exceptions. released and the con-
stables enjoined Inasmuch, there
fore. as Judge Simonton had practi
caliy parslyzed tSe constabulary, l
d:er,;e.a1 <he ro.oo 1aa,:. A.. ~