The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1907-11-28
WILL FIGHT DISPENSARY
RECENT INJUNCTIONS CAUSE OF
THE ACTION.
J. P. K. Bryan Said to be Chief Counsel
in the Plan to Test Validity of
Carey Cothran Act.

CHARLESTON, Nov. 21.-The SER
vice of the many injunctions during
the past week or two, restraining
dealers from selling liquor and prop
erty owners and agents from permit
ting it's sale on their property is
about to result, it is understood, in a
big legal battle to test the validity OF
the Carey -Clothran act and the issue
of these injunctions.
Attorney j. P. K. Bryan has been
engaged by S. P. Schiaderessi, one
of the parties enjoined yesterday,
and it is understood that Mr.. Bryan
is to be the leading counsel in the
distinguished array Of legal talent
which is to attack the dispensary
law as it now stands upon the books.
It will be recalled that it was Mr..
BRYAN who carried the famous Can
TIM case before the late Judge Sim
onton and secured an opinion that
the law was unconstitutional, an
opinion which was afterward rever-
sed by the United States supreme
court. The supreme court allowed,
however, the importation of liquor
for personal use, a provision of the
law which has given the State its
chief trouble in the enforcement of
the act ever since it was announced.
The pending action will probably
be the biggest fight that has been
made against the dispensary system
since Mr.. Bryan's fight, and it is pos
sible that the present proceedings
may be of even greater scope and ef-
feet. There are said to be several
features of the Carey -Cothran act
whose validity is questioned by the
lawyers, chiefly along the line Of the
right of the county to sell where the
right is to be held only by the State,
under the constitution, it is said.
NOT DISCUSSING MATTERS.
The lawyers are, of course, averse
to discussing their cases in the news
papers and are very close-mouthed
as to what steps they will take, but
sufficient information has been Sc
cured to warrant the statement that
a big legal battle is pending.
Appearances have been entered in
several cases by attorneys and addi-
tional appearances will probably be
entered before the cases are formal
ly heard next week. So far as an
nounced Mr., Bryan will appear for
Schiaderessi; John D. Cappelmann
for the Charleston Rifle club; Logan
and Grace for Riddock & Byrns, and
also for Pat Carroll; Mordecai,
Gadsden, Rutledge & Hagood for
the Charleston hotel; George Nom
eier for the Turnverein and others.
In the array of counsel will be law
yers representing the owners and
agents of property in which the al
legged violations of the dispensary act
have taken place.
It is on account of the property
owners and agents that particular
" strong fight will be made. 1t is
said that the owners of property can
not be enjoined legally, as they have
been under the services of the pa
pers recently and the lawyers having
charge of these property interests
will present a strong case.
The dispensary situation was much |
talked about today, especially in
blind tiger circles. The fact that
other injunctions have been prepared
and are ready for service makes the
dealers generally uneasy. None Of
these papers were, however, served