The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-03-12
LIQUOR SHIPMENTS
WILL De RESUMED
JUDGE wADDILL REFUSES ORDER,
hut EXPRESS COMPANIES
WILL SHIP
IN SOUTH CAROLINA
COMPANIES RESTRAINED FROM
REFUSING TO MAKE DELIVERIES
AND PART OF ORDER Is
REsCINDED.

Although the mandatory order,
asked by the local liquor dealers of
Judge Waddili, IN the Federal Dis
trict court compelling the Southern
Express company to accept shipments
Of liquor to South Carolina and GER
tain other points was refused by
Judge Waddill yesterday. the order of
the express company TO its officials
to refuse shipments to that State has
been rescinded pending a final settle
ment OF the case in the higher courts.
This action was taken partly as the
result of the restraining order issued
by Chief Justice Eugene II Gray, OF the
South Carolina State court. at Able
VILE, in the case of .. F. Collicutt, of
Columbia, and w. W. Atkinson, of
Kershaw. against the Southern Ex-
press company.
To Avoid Litigation.
The restraining order granted by the
South Carolina Judge affects all ship
ments OF whiskeY that might come
into the State and after it was signed
the general counsel Of the express
company in South Carolina was noti-
fed in order that the order might be
rescinded This was done. it is under
stood. 10 avoid litigation and whiskey
shipments into South Carolina win be
delivered as usual within that State
unless its Supreme court rules other
wise when the question comes before
1t at the April term,
AT the local express Offices yester-
day 1t was stated that the order which
was issued several days ago to local
agents not to receive packages OF Ii
Quor for shipment To individual con-
sumers in South Carolina, is no long
or effective and shipments will he
made.
Almost Immediately upon the be-
ginning of the operation of the order
refusing shipments, liquor dealers of
Richmond and Petersburg. through
counsel for H Clarke & Son, OF this
city. asked Judge Waddill for a man
damus compelling the company to re-
ceive their liquor shipments. At the
same time the liquor dealers of South
Carolina began action in the State
court to compel the express company
to deliver packages of liquor shipped
into that State. Judge Gary issued
the restraining order Monday but
yesterday Judge Waddiil rendered his
opinion refusing the writ of man
damus, on the ground, principally
that the State OF South Carolina is
not a party TO the suff7ft. The question
according to the courts opinion. is
one OF whether the court because
Va
Of the complainant. should attempt.
In a proceeding to which the State of
South Carolina Is not a party, to au-
thorixe the petitioners by the aid OF a
mandatory injunction. on a prelim-
mary hearing. 10 invade the territory
OF that State, and do business in con-
travention OF It's constitution and
laws"
No Denial of Relief.
Judge Waddill holds that the re-
fusai of the court to grant the relief
prayed for does not prevent the COM
piainant from doing business in South
Carolina II 1t has the right. but sim
ply withhoids the sanction of the
court" and that complainant Is not
denied redress as the express com
pany. as public carrier, ts liable for
omission to properly perform its du-
ties"
In other words, tho court passes no
Judgment on tho controversy involved
nor on the laws affecting the caso but
merely withhold the writ asked until
the true status of the. laws involved
had been ascertRined,
TN determining questions affecting
local laws on the subject of trans
portation OF WHISTLES. etc, into n State
since the passage OF tho Webb-Ken-
yon bill In terms learving such articles
of commerce subject to the local, as
distinguished from the national law.
different propositions arise. to be de-
termined upon considerations other
than those formerly controlling