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

INC Eederal JuoSe would jail them
for contempt. When they dia mako
o seizure it was, with few exceptions,
released and the constables enjoined.
Ilasn u,h, there sore, as Judge ST.
monton had practically paralyzed
the constabulary l dismissed tho
force, leaving the responsibility for
| the enforcement Of the law, III tho
incorporated towns and cities, in the
hands Of the city and town autho-
ritics. / retained few detectives to
suppress "b'ind tigers" in tho coun-
try where tho people have little or
no protection. Tho Dispensary Act
makes it tho duty of the State Board
of Control to withhold its share of
the profits of the dispensary from
any town or city in which the au-
thorities do not enforce the law. So
far tho profits have been withheld
only from the town Of Sumter, and I
have appointed n constable, to be
paid ont Of the towns share of the
profits, to see that tho law is enforced
there.
We have, then, to face the follow
ing condition Of affairs: Under the
protection of Circuit Judge Of the
United States Court, liquor is being
sold throughout the State, in the
country az we'll rs in tho municipal
tiles, and in defiance Of the laws of
the State. The rights of sovereign
State to police and regulate the
liquor traffic in it's own way is nulli-
fled and trampled nnder foot The
Act OF Congress Of July 8, 1890, has
been, 50 far rs South Carolina is
concerned, repealed, and we aro
told that the enactment Of prohibi-
ton alone gives State tho right to
exclude "original package" dealers,
unless the profit feature Of the dis
pensary is destroyed. The language
of Judge Simonton in the Wander
cook case is as follows: "If all al
coholic liquors, by whomsoever held,
are declared contraband they cease to
belong to commerce, and are within
the jurisdiction of the police power.
But SO long as their manufacture,
purchase or sale, or their use as a
beverage in any form or by any por-
son, are recognized, they belong to
commerce, and are without the do.
main of the police power" The
power to- license the sale Of liquor,
to tho exclusion Of these interstate
commerce dealers in "original pack
ages" has been therefore destroyed
by this decision, unless it should be
reversed by the Supreme Court. The
Attorney General of the State has
appealed, but the appeal will not be
heard until March 7, too late for
you to know what the decision will
be, in timo to legislate in accordance
therewith
1t cannot be doubted that a large
majority of our people favor the
disponsary law, if it can be secured
against the interference of the Fed
eral Courts. Three successive Cen
eral Assemblies have declared in fa-
vor of the dispensary as the best
method of dealing with the liquor
question. Our Representatives in
Congress are at work seeking to se-
cure additional Legislation for the
protection of the State against the
interference Of the United States
judiciary. The United States Senate
has already passed bill by unani-
NOUS vote giving the complete con-
troll Of intoxlcants to the States, and
it is hoped that the House also will
pass it. But we must have Immediate
relief from the present intolerable
conditions. Free liquor, with it's ac-
companying increase Of drunkenness
and the consequent increase of crime,
must at all hazards be got rid of.
AS | have said, license law will not
secure immunity from this evil.
Judge Simonton has destroyed, along
with the dispensary, the license sys-
tenn when run for profit. What,
then, is left to do? We must either
enact prohibition or continue the
dispensary system without the profit
feature. Many-a majority, 1 be.
lleve--do not think prohibition is
practicable; and many,.have opposed
the dispensary system because Of the
profit feature. We can certainly get
rid of the "original package" dealers
and their demoralizing traffic by con-
tlnulng the dlspensary, shorn of all
profits and administered only as a
police regulation to control and re-
duce tho liquor evil. The Federal
Judge will have neither occasion
nor excuse for his ever.roady injunc.
tlons, if that system shall be inaugu-
rated, unless he shall again reverse
his own previous decision. This
then, appears to mo tho best and al.
most the only thing left us to do.
We might try this policy for year,
and next winter, after Congress shall
have actedor failed to act aud after the
Supreme Court at Washington shall
have decided what is TO become Of
the States power,,to control liquor un-
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