The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1898-05-18

Final Decision by the United Stntcs
Supreme Court.

in the case Of Vance, Bahr ct AL,
against the ". 4. Nandcrcock Com
pany, appealed from the Circuit Court
OF South Carolina, and the effect Of
that decision is that the validity of
the dispcnsary lax in it's vital parts
is sustained. The decision places tie
South Carolina law clearly within the
police powers OF the State. The right
of the State to forbid the sale Of IL
1uors in the original packages the
Court holds to be clear, and it regards
the dlspcnsary law as merely voicing
that right. The opinion Of the Court
was delivered by Justice White. 1t
affirms part Of the decision Of the
Court below and rcvcrses part. Chief
Justice Fuller and Justices Shiras
and Mckenna disscntcd as to the por-
ton OF the opinion reversing any part
of the opinion Of the Court below,
| but the other members Of the Court
agreed with Justice White.
In his opinion Justice White re-
views at some length the decision Of
the Court in the cases Of Scott against
Donald, and explains that in neither
case was the question raised whether
the State could, without violating the
Constitution, confer upon certain off
GERS and agents the sole power to buy
all liquors which were to be sold i'm
the state, and allowing no other liquor
t" be sold. He explained that the
present law, while similar in general
scope to that passed upon in the for
nicr decisions, was different in many
particulars, the clauses which had
been found under those former dccis-
ions to operate as discriminating
against citizens of other States having
been eliminated Justice White set
out the three grounds upon which the
constitutIonality Of the law is denied
by the decision of Judge Simonton,
and pointed ou. that two of these 20
to the very root Of the law itself,
while the third is narrower in its pur-
port, only assailing as unconstitution-
al the particular restrictions which
the State puts upon the rights Of per-
sons Of another State to ship to South
Carolina, and Of residents of that
State to receive liquor for their own
use. Upon this latter feature Of the
case Judge Simonton is upheld The
Court is unanimous in affirming his
decision. But OIL the other two points,
which 20 at the very root Of the law,
Judge Simonton is reversed and the
law is upheld. The language Of JUS
ticc White in summing up the Court
decision is this:
1t follows from the foregoing that
the decree below rendered was we'll
founded in so far as it restrained the
defendants from scizing the property
shipped into the State of South Caro-
lima from the State of California by
the complainant for the residents of
the State of South Carolina on the
orders Of such residents for their own
use, because said shipments had not
been made in compliance with the reg
ulations Of the law of South Caro-
lima. But it further follows that the
decree below was wrong in so far rs it
restrained the State officers from le-
vying upon the property of the com
plainant for the purpose Of being
stored therein in original packages,
| and from interfering with such sales.
These conclusions require that the
Judgment below be affirmed in part
and reversed in part. This renders it
! necessary to remand the case to the
Court below with instructions to enter
decree setting aside the Injunction
and dismissing the bill to the extent
above indicated, and perpetuating the
injunction only in so far as it is above
pointed out, the whole in accordance
with the views hereinabovc expressed,
and it is SO ordered
i
The effect of this decision is that
the inspection provision Of the law is
tantamount to denial Of the right of
Interstate commerce, and therefore
antagonistic to the Constitution of the
United States, while in all other cs-
scntial respects the law is held to be
valid. The decision Of the Court was
widely discussed among South Caro-
lima people here. Senator Tillman, in
discussing it, said
1T seems to me the dispcnsary law
is decidedly on top. With this decis-
ion the mere question of suppressing
blind tigers will not be very difficult.
The only modification made necessary