The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1901-07-04
ANOTHER TEST CASE
ON LIQUOR MATTERS
Hsmm Brewing Company Insists Gu
Conducting a Warehouse
at Parker, S. D.
IT is REFUSED PERMISSION
Citizens Had Voted Against License, Eut
brewing Company Goes Into Fed
eral Court to Knforce Its
Desire.

Sioux Falls, S. D., July 1.-The Theo.
Ramm Brewing company of st. Paul
has filed a highly important suit in the
United States court here. The defend
ants are H. Kirk, sheriff OF Turner
county; John W. Edmunds. states at
Peterman, mayor OF Parker, ard James
e. Donahoe, chief OF police of that
place.
The plaintiff company states that dur
ing the past five months it has been OPP
Grating Il warehouse or depository at
Parker in which it has been storing in
original packages, barrels, kegs and
bottles--a portion of its product for
wholesale distribution, as occasion de-
manded. among its customers in the
towns along the railroad lines which
pass through Parker. 1t disclairns ever
having or intending to dispose of any OF
its product within the city limits OF
Parker or at retail anywhere, its bust
ness being purely wholesale. The Park
er agent of the company Is Ed. p. Got
theft. The company states that its Park
er business will exceed $4,000 per year,
and that its warehouse at that place
represents an outlay Of more than
$1,000, which showing enables it to
commence the present suit in the fed
eral court. On May 20 last the company
filed with the county commissioners,
in accordance with the state statutes,
u bond, together with q statement Of
It's purpose to conduct its Wholesale
warehouse business ut Parker from
July l, 1901, to June SO, 1902. The coun-
ty commissioners postponed action on
the matter until the 10Th of the pres
ent month, When the board refused to
approve the bond for the sole reason
that the voters of Parker had voted
upon the question of granting licenses
for the sale at retail of Intoxicating
liquors. and had overwhelmingly de-
feated the proposition.
The Money Also Refused.
On the same day the commissioners
took this action the agent Of the COM
pany rendered to the county treasurer
the sum of $3.50 and demanded re-
celpt therefor for the purpose of post
ing 1T in it's place of business as re-
CURED by the state law. The treasurer
refused to accept the money, which
was then deposited in the First Ma
tional bank at Parker to the credit Of
the county treasurer. June l the off,
GERS who are the defendants in the
suit notified the brewing company that
they would close its warehouse July
II the company persisted in attempting
to keep 1t in operation. The company
contends that the South Dakota liquor
law relating to wholesale licenses is in
conflict with that clause of the consti-
tuition of the United States which pro-
Vides that congress shall have power
to regulate commerce among the sew
eral states. The statutes are also de-
clared to be invalid on other constitu-
tlonal grounds. Among other things
it is also contended that the authori-
ties of Parker had no power or anthor-
ity to legislate as to wholesale dealers
in Intoxicating liquors.
The suit raises number of interest
ing legal propositions, and the decision
of Judge Garland will be of fai reach
ing Importance. July IL next has been
fixed by Judge Garland as the date for
the hearing in the case. Pending the
hearing the defendants are restrained
from interfering III any way with the
brewing conpanys business at Parker.