The herald and news. [volume] (Newberry S.C.) 1903-1937, 1916-01-25

This action was commenced by the plaintiff by service OF
the Summons and Complaint May 81, 1915
The Complaint shows that the 9th day OF May 1915
the plaintiff ordered by United States mail from H. Clarke q
Sons duly licensed liquor dealers in Richmond State OF VIZ
ona one gallon of whsey accompanied by the purchase price
thereof same to be shipped to the plaintiff the City OF Co.
unba that thereafter about the 10th day OF May 1915
similar order was made by the plaintiff from H. Clarke
Sons for one gallon whsey that thereafter the 18th
day of May 1915 plaintiff made similar order from the
same party for two gallons of whskey
1t is alleged in the complaint that all of the shipments above
were intended by the plaintiff for his personal and were
not intended by him. by person interested therein to be
received possessed sod any used contrary to
the laws of South Carolina.
The first shipment referred duly and regularly de-
1ivered plaintiff by the defendant The second Shipment
was transported from Richmond Virginia. to Columbia South
Carolina but delivery the plaintiff refused The third
shipment gallons refused and not accepted Tor
shipment by the defendant.
The defendant through its agents advised the plaintiff that
the for defendants refusal to deliver the said second
shipment and refusal receive said third Shipment was that
defendant was forbidden by Act Of the General Assembly
OF the State of South Carolina entitled AN Act Regulate
the Shipment of Sprtuous Vinous, Fermented or Malt
LIQUORS or Beverages Into This State and to Provide Penalties
for the Violations OF this Act approved on the 10th day OF
February 1915 commonly known as the Galo-a-onth Act
The plaintiff alleges his complaint that the Act OF the
Legislature furnishes valid legal ground for the refusal
of the defendant company deliver said Shipments because
such Act of the General Assembly is unconstitutional and
void in that is in violation of Article L. Section OF the
Constitution of South Carona Article FIl Section e. OF
the Constitution of South Carona Article Section g. Sub
section g. of the Constitution of the United States Article W.
Section of the Constitution of the United States Fourteenth
Amendment and further that if the Act of the General Assem-
bv authorized under what is commonly known the Webb
Kenyon Law plaintiff says that said Act of Congress IN
violation his rights conraveon of the commerce clause
of the Constitution of the United States and the Fifth Amend
n1ent of the Constitution of the United States.
The plaintiff asks that the defendant be perpetualy enoned
from refusing accept ship and transport convey lntox1-
eating liquors from any point defendants line outside OF
the State of South Carolina authorized by licensed dealers at
such point for delivery plaintiff from refusing to deliver
TO plaintiff such liquors ordered for his personal USE
To this Complaint the defendant denurred the ground
that the complaint fails facts sufficient to constitute
cause of action in that appears upon the face OF the COM
Dant that the acts the defendant complained of were done
bv and under the authority of can Act to Regulate the Ship
ent of Sptuous Vinou Fereted Malt Liquors or Bev-
erages Into this State and Provide Penalties for the Viola
ton of this Act which Act duly passed by the Cen
era Assembly of the State of South Carolina and approved by
the Governor of South Carolina the 10th day of February
1915.