The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1898-01-18

oy virtue oil authority from them.
restrained from further interme
dliug with the said property. Th
+ request was granted, notwithstandir
witnesses swore that they had seen I'll
man who bought liquor at or about I'll
time OF the sale, and that ne WI
drunk. The Judge held that. to
l. guilty of the offense OF selling to
drunkard, the party selling mu
either know or must have substanti
reason to believe that the party buyin
was drunk at the time
Again, in the case of e. j. Conuor v
Geo. s. McCravy, ct al Geo. s. Nj
Gravy, Sheriff of Laurens Count,
notified me that four two horse Wagon
. mad been sent to Augusta for whiske
and that on their way back to Lauren
ne received information that tn
drivers were drunk and boisterous an
were selling whiskey from the wagons
L ordered the wagons and liquor
seized as soon as they arrived a
L1urens. Thereupon E. j. Como
flied bill of complaint in the United
States Circuit Court praying for per
petual injunction restraining the de
1endants from seizing liquors of tn,
complainant. Upon this bill beins
filed Judge Simonton granted a rule
against the defendants, requiring then
10 show cause why temporary writ O
injunction should not be granted anC
at the same time he made restrain
Ing order to the following effect, tc
wit Enjoining the defendants from
selzlng or attempting TO seize, in tran,
sit or after arrival, or otherwise carrv.
Ing away or conf scati.g Oh detainn
any of the liquors, wines or beer in
ported or sent into the State by the
complainant and furthermore com.
| manding said defendants to forth with
| deliver the horses, wagons, wines and
| liquors to the possession and control OF
the complainant.
In the above instances you can see of
the some difficulties that have confront
ed me in the enforcement of the Dispen-
sary law. "Original package" uealers
have been allowed to sell to drunkards,
and from wagons on public highways
whenever seizure was made the
complainant would hasten to Judge
slm,onton, who seemed at all times
ready and willing to lend helping
hand to such applicants Judge
Slmonton's decisions and his unfriendly
attitude towards those who were
charged with the enforcement of the
spensary law so completely demo.
rallied the State Constables that they
were of little use, and became almost
dead expense to the State. The cost
OF maintaining the Constables was
about $4,000 per month. They were
afraid to seize liquor for fear the
Federal Judge would Jail them for con-
tempt. When they did make a seizure
1t was, with few exceptions, released
and the Constables enjoined. Inas.
much, therefore, as Judge Simonton
had practically paralyzed the con-
stabulary, | dismissed the force, leav-
ing the responsibility for the enforce
ment OF the law, in the Incorporated
towns and cities, in the hands of the
city and town authorities. L retained
a lew detectives to suppress "blind
tigers " in the country where the peo-
pie have little or no protection. The
DIspensary Act makes it the duty of
the State Board Of Control to withhold
its share Of the profits of the Dispen-
sary from any town or city in which
the authorities do not enforce the law.
So far the profits have been withheld
only from the town OF Sumter, and |
have appointed Constable, to be pal
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 tho country
as we'll as in the municipalities, and in
defiance of the laws OF tie State. The
rights OF sovereign State to police
and regulate the liquor traffic In it's
own way is nullitied and trampled un-
der foot. The Act of Congress of July
., 1880, has been, so far as South Caro-
lima is concerned, repealed, and we are
told that the enactment OF prohibition
alone gives State the right to ex-
clude "original package" dealers, un.
less the profit feature OF the Dispens-
ary is destroyed. The language of
Judge Simonton Ia the Vandercook
case Is as follows; "If all alcoholic
liquors, by whomsoever held, are de-
clared contraband they cease to belong
to commerce, and are within the juris-
dlction of the police power. But so
long as their manufacture, purchase or
sale, or their use as q beverage in any
form or by any person, are recognized,
they belong to commerce, and are
without the domain OF the police
power" The power to license the sale
OF liquor, to the exclusion OF these in
terstate commerce dealers in ''original
packages" has been therefore destroy
reversed by the Supreme Court. The
Attorney General OF the State has ap-
pealed, but the appeal will not be
heard until March 7, too late for you
to know what the decision will be, in
time to legislate in accordance there
with.
1t cannot be doubted that a large
majority OF our people favor the Dis,
! pensary law, il it can be secured
| against the interference OF the Federal
Courts. Three successive General AS
semblies have declared in favor of the
Dispensary as the best method OF deal
ing with the liquor question. Our
Representatives in Congress are a
work seeking to secure additiona
legislation for the protection OF thu
State against the interference OF tn,
United States judiciary. The United
States Senate has already passed bill
by unanimous vote giving the complete
control OF intoxicants to the States
and 1t Is hoped that the House also will
pass 1t. But we must have immediat
relief from the present intolerable cor
ditions. Free liquor, with its accom-
panying increase of drunkenness an
the consequent increase Of crime. mus
at all hazards be got rid Of. AS hav
said, a license law will not secure im
munity from this evil. Judge Simor
ton has destroy, along with the Di
pensary, the license system when ru
: for profit. What, then, is left to dc
+. We must either enact prohibition {
continue the Dispensary system will
: | ont the nrofit foantnrd Manu- m,