The Fairfield news and herald. (Winnsboro, S.C.) 1881-1900, June 09, 1897, Image 1
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VOLT LI. WNNISBORG, 8. C., WEDNESDAY, JUNE 9, 1897. NO. 44.
? i, . rrs no. .. " ' 'aigiV" " ."".I?J . - . 1 1
JUDGE SMOSTON'S OPINION j
IN THE NOW FAMOUS DISPENSARY j
CASE.
Fni? T?xt of the Opinion in the Case that
Knocked the Dispensary Law Out, *5V Meh
Wil? i>e Read With Interest.
Knowing the interest that is taken
in the recent decision of Judge Simonton
declaring the Dispensary law unconstitutional
we present below the
full text of the opinion upon which
that decision was based:
The United States of America, District of
South Carolina?In the Circuit Court ?
Fourth Circuit?In Equity.
The W. A. VanJercock Company vs. S. W.
Vance, W. I3ahr, J. M. Scott. W. Liv-1
angston, C. S. Moseley, M. I'eterman?
Simcnton, Circuit J udge.
This is a bill in equity filed by complainant,
a corporatiou of the State of California,
against S. W. Vance, "who is State commissioner
under the dispensary law, and W. X.
Bahr and others, who are State constables
appointed to pat this law in execution. The
bill alleges that the complainant is the owner
cf vineyards ir. the State of Cclifornia, and
that it manufactured from grapes of such
vineyards well known pure wines, brandies
5 if
anu. omer aauuoj\> l'u.i'utu.iaiijr ui tunws,
rhine wine, burgundies and champagne
That by its traveling agent the complainant
took orders from certain citizens and residents
of the State of South Carolina to deliver
to each of them certain original packages
of wines, etc., products of its vineyards,
filled said orders and shipped from San
Faancisco in California to Charleston, South [
Carolina, by rail, a carload of its products, I
containing 73 separate original packages, for g
each of its said customers, all marked -with I
its name and address in California, adopting ]
^ ^ T?] AO f) Jit f r* I
IU13 UIUUC VI 21IIMVJ VCfcti.V?v4. iu v4VkvA. w ?
obtain a large reduction ia freight. Thai j
the goods so shipped arrived ia Charleston, j
passing through the hands of several corn-1
mon carriers in continuous route: and there- j
upon were seized without warrant by de- J
fendants Bahr and Scott, and <>0 of the packages
were shipped by said constables to Columbia
to John F. Gaston, then State commissioner,
got into his hands and then into
the hands of his successor, S. W. Vance,
with full notice of the unlawful seizure and I
that Vance, notwithstanding refuses to de- j
iiver mem 10 coinpia.iuu.ut its ageui,, aivci ,
repeated demands and threatens to convert
and sell tlie same to citizens of South Carol!- j
na. That these same constables and others, j
claiming like authority, threaten to seize in |
like manner, all wines shipped by complain-1
ant into this State wherever found and for |
whatever purpose shipped, arriving in said j
city of Charleston, and in like manner to j
shin nnrl deliver the same to said S. W. I
Vance, who likewise threatens to convert the
same, to the great damage of complainant ana
to the obstruction and destruction of its lawful
business and interstate commerce and
trade in its wines, etc., with citizens and
residents of South Carolina. The bill then
alleges the shipment of another importation
of wines, etc., in separate original packages
from its vineyards in California, upon orders
from residents of South Corolini, the arrival
of the same in South Carolina and the wrongful
seizure of the same by State constables.
That other orders have been obtained for
other residents of South Carolina for separate
original packages and that upon such order
complainant proposes to ship such packages
to South Carolina in due course of interstate
commerce, and that in the future it intends
to seek similar orders and to ship thereupon
similar original packages into the State of
- South Carolina. The bill further alleges
jC. that it intends in the course of its business
further and in addition to such shipments so
- 2**' ordered by customers in advance, to ship
also from San Francisco, California, to its
agent in the State of South Carolina and to
store and warehouse in South Carolina and
to sell.in the State or South Carolina, in me j
original, unbroken packages as imported as
aforesaid, to residents of South Carolina, its
wines and liquors, products of its vineyards
in the due and lawful exercise of its rights
under the Constitution and laws
of the United States. And that
the defendants threaten to seize,
take and carry away, convert and sell all
such shipments. The bill then charges thai
by the dispensary act of 1S97, under which
the defendants seek to justify their action,
all wines, beers, ales, alcoholic and other intoxicating
liquors are the subjects of lawful
manufacture, barter, sale, export and import
in the State of South Corolina, and
have been and are being and will continue
to be lawfully used and consumed as a bevkr?
AifiSono or?n rpavipnfQ r? f rhe State I
of South Carolina. And that the products o!
its vinevards are lawful subjects of interstate
andforeign trade and commerce.
The bill then charges that the said dispensary
law, insofar as it authorizes the acts of
the defendants, or in any way attempts to
abridge the right of importation of the products
of complainant's vineyards, into this
State and there to sell in original packages
or in any wise hinders and prevents its in
tercourse, commerce and trade with citizens
and residents of South Carolina, in the products
of its vineyards in such original packages,
is in conflict with the Constitution of
the United Slates and is null and voidThe
bill then alleges facts sustaining the
jurisdiction of this court and securing the i
jurisdiction of the United States supreme?
court and prays a temporary, to be followed j
by a permanent injunction.
Upon the filing of the bill, a rule was is- 3
sued against the defendants to show cause f
why the injunction prayed for in the bill be J
not granted.
I
The return sets out three jurisdictional j
exceptions. First, that the bill presents no s
(.juestion arising under the Constitution and j
laws of the United States. Second, that the!
bill is defective in its allegations and does j
not state a case cominc within the jurisdic-1
tion of this court. Third, that the till pre- j
seats no case for the jurisdiction of a court ]
of equity as the plaintit? has a plain, ade-!
quate and complete remedy at lavr. The j
bare inspection of the bill shows these objections
to be unfounded.
The return then addressed itself to the
merits. It sets out clearly that the shipments
made by complainant were made by |
bill of lading to a gentleman in this State, in j
this; hehrtlf" selected as theiicrent of complain-!
m an:, for distribution of the packages and per-j
pa haps the receipt of the purchase money. It >
- then admits the main facts of the bill and J
charges that the shipments made by com-1
plainant and those contemplated by it and J
the course of dealing in the future which it I
intends, are in contravention of the act of as-1
sembly of ISi'7. the amendment to the dis-1
pensarylaw. And that under that act, and j
-he other acts which it amends, the course
and action o:' the State officials were justified
and were right and proper.
This case brings up squarely tLz question,
"Has a producer of alcoholic liquors in
another State, the right under the Constitution
of the'United States, in the present condition
of the law of South Carolina, to ship
into that State his products in original packages
and to sell them m the original pack?>V\A?
A?,3 AV. oo?t irt f"
Vituti upu at; otuv ii-. v..
shipment or upon purchases made after
shipment and arrival'.'"'
The question is one of grave importance.
The very able and exhaustive arguments of
counsel on both sides have put the court in
possession of every argument which can be
used upon it. They-have received the careful
vrh r^'n 0710 r'n.- .il'M.
tions to "which the}- were addressed, deserve.
Section S, AVticie I o? the Constitution of
the UaueJ- States declares: --The congress
shall have power * * to regulate commerce
with foreign nations and among the
several States, and with the Indian tribes."
The supreme coun of the United States
has now established by a current of decisions
which cannot be misunderstood, that under
this section, congress alone has the right to
tix, prescribe and regulate interstate and
foreign commerce, and that no one of the
States can in any way interfere "with such
commerce or prescribe any regulation thereof
without the consent of congress. '-While
by virtue of its jurisdiction over persons and
property within its limits a State may provide
lor the security of the lives,
iimbs, and comfort of persons and the
protection of property so situated, yet a subject
matter which has been confided exclu
sively to congress by the Constitution, is not
within the jurisdiction of the police power
of the State unless placed there by congressional
action. (Henderson vs. Mayor of
New Vork, (S2 U. ?>., 259 Railroad Company
vs. iiusen, 95.U. S., 405; Walling vs- Michigan.
110 L:. S., Kobbius v*. Shelby, 12<>
t*. S., 4S9.;
" luasmuca as laiersuue vuiiii?viv-c, wu- >
sisting in the transportatioa, purc^se, sale
and exchange of commodities is n<. 'onaiin
its character and must be governed by a uniform
system, so long as congress doss not
pass any law to regulate it or allows the
State to do so, it thereby indicates its will
that such commerce shall be free and untrammeled."'
(County of Mobile vs. Kimball, ll>2
17. S., 09:,'; Brown vs. Houston, 114 U. S.,
022; Wabash -vc. Kail way vs. Illinois, 118 U.
S., 557.)
The application of this doctrine to tn^
effect of State legislation upon the importation
of alcoholic liquors into a State, came up
for discussion and decision in Lei.?y vs. liardin,
135 U. S., 100. That case arose under
the prohibition laws of Iowa. Section 1523
of the code of Iowa provided: '-No person
shall manufacture or sell by himself, clerk or
steward or agent, directly or indirectly, any
intoxicating liquors except as hereinafter
provided. And the keeping of intoxicating
liquor with intent upon the part of the owner
thereof or any person acting under his authority
or by his permission to sell the same
within this State, contrary to the provisions
of this chapter, is hereby prohibited aad the
intoxicating liquor so kept, together with
the vessels in which it is contained, is declared
a nuisance and shall be forfeited and
dealt with as hereinafter provided."
Chapter 71 of acts of 1SS2 of Iowa provided:
"That after this act, takes elfec.. no
person shall manufacture for sale, sell, keep
.. _ v. (
;or saie, give ci^uaugc, uu.m ui uiopense
any intoxicating liquor for any person
whatever, otherwise than is provided in this
act. Persons holdiag permits as herein provided.
shall be authorized to sell and dispense
intoxicating liquors for pharmaceutical
and medecinal purposes, and alcohol for
specified, chemical purposes and wine for
sacrimental purposes, but for no other pur
poses wnatever. "
The act then provides for the issue of permits
for this purpose by the district court of
the county, which permits hold good for one
year.
These provisions being in full force, Leisy
& Co., brewers in Peoria, Illinois, shipped |
into Iowa by rail to Keokuk, sundry barrels
of beer in original packages, and sold and
offered for sale in Keokuk, only in unbroken
original packages this beer. Thereupon it
was seized and held subject to the laws of
Iowa above quoted. Tbe cause went up
through the several State courts into the
supreme court of the United States. By that
court the case was held under deliberation
and finally the opinion was pronounced by
the chief justice as the organ of the court,
The points to be decided are thus put: "That
ardent spirits, distilled liquors, ale and beer
are subjects of exchange, barter and traffic
like any other commodity in which a right
of traffic exists and are so recognized by the
usage of the commercial world, the laws of
congress and the decisions of the courts is
not denied. Being thus articles of commerce,
can a State in the absence of legislation on
the part of congress prohibit their importation
from abroad or from a sister State or
vrhen imported prohibit their sales by the
importer?"
In answering these questions the court
goes into a full and elaborate examination of
all the authorities, the conclusion is expressed
in these words: "Ihe plaintiffs in
/MfivATic nf Tliinrna orp nnt. nhfl.rmfl.
cists and have no permit" (the prerequisites
of the Iowa act) "but import beer into Iowa
which they sell in original packages. Under
our ^decision in Bowman vs. Chicago, supra,
they had the right to import the beer into
chat State and in the view we have expressed
they had the right to sell it, by which act
alone it would become mingled in the common
mass of property within the State. Up to
that point of time we hold that in the absence
of congressional permission to do so,
the State had no power to interfere by seizure
or any other action in prohibition of importation
and sale by the foreign or non-resident
importer.''
Upon the publication of this opinion, the
consress recoznizinz its force, enacted the
act of August 8th, 1S90, commonly known
as the Wilson act. The act is in these
words:
"That all fermented, distilled or of intoxicating
liquors or liquids, transported into
any State or territory or remaining therein
for use, consumption, sale or storage therein
shall upon arrival in such State cr territory
r>e subject to the operation and effect of the
ia*" of such State or territory, enacted in
tht .xercise of its police powers, to the same
extent and in the same manner as though
such liquids or liquors had been produced
in such State or territory, ar<i shall not be
exempt therefrom by reason of being introrViovoin
in ortfrina! narOraorAS or Other
?wv~ ***** ? r ?
wise."
The case of Leisy vs. Hardin is discussed
ia Piuruiy vs. Massachusetts, lo-5 U. S.,
042, and ia Lveret vs. Missouri, 150 U. S.,
1, in which case also the act of 1890 is
mentionedThe
controlling question in the case before
us is: How does the Wilson act affect the
. ^nntVi Pirnlinfi. In the rertent case
of Scoti vs. Donald, 105 U. S.7 5S, a case
from this circuit under the dispensary law,
as it stood before the passage of the present
act, the supreme court discuss the dispensary
law, and condemned it. They hold that
the Wilson act did not protect it.
This case of Donald vs. Scott was brought
because of the seizure and confiscation of
certain alcoholic liquors, products of other
States, imported by the plaintiff for his personal
use. The conclusion of the supreme
court, after full discussion of ail the cases
bearing upon the question, is: "In the light
of these cases the act of South Carolina,
January 2, 18y5, (dispensary law,) must as
to those of its provisions which affect the
piaintiff in the present suits be condemned.'1105
U, S., 'J'J.)
This act of IS95 was amended in IS'JO,
and when this decision was published the
law was further amended in 16'JT, and this
case win turn t>a iaese amenumeuts.
ilave the amendments cured the objectionable
features in the act of IS'.'-j? In Donald
vs. Scott, the supreme court say of the
act of 1S95: "It is important to observe that
the statute does not purport to prohibit
either the importation, the manufacture, the
sale or the use of intoxicating liquors. The
hrst section does, indeed, mak? it penal to
manufacture, sell, barter, deliver, store or
keep in possession any spirituous, malt,
vinous, fermented, brewed or other li'jtiors
which contain aicohol and are used as a
beverage, except as hereinafter provided,
and declares all such liquors contraband. *
Yet these enactments are not absolute,
but are made subject to the subsequent provisions
of the act. "When these provisions
are examined we find that so far from the
importation, manufacture and sale of such
ii juors being prohibited, these operations
are turned over to State functionaries by
whom alone or under whose direction tbcy
are carried on." The amending act of
contains provisions almost identical iu language,
exactly identical in eliect. The act of
Ib'.'T amends section o of the act of 1S9-3]
and still further amends sections 15 and 2;',
which had been amended by the act of lv>yo,
? ~ 1I w: i'flOt.
i ^LLiy VjLUIN, iiULLL LUCSC iOCi* iny JVVUVU^J iv?fc r
tire? of discrimination. Bat these changes!
in nowise meet the criticism of ;iie supreme'
court of the act of 1805. This criticism was
not on these discriminations only. The
court says: "In view of these and similar
provisions, it is indisputable that whatever
else may be said of this act, it was not in.
tended tc prohibit the manufacture, sale
and use of alcoholic liquors. On the contrary,
li-iuors and wines are recognized as
commodities, -which may be lawfully maue, j
bought and sola, and must, therefore, he
deemed the subject of foreign and interstate
commerce. Section 2 provides that the State
board of control shall purchase all liquors
for sale in this State. Section 3, after providing
for the appointment of a commissioner,
proscribes how he shall furnish liquors
to tae county dispensers for sale. Section 7
provides for county dispensers who shall sell
liquors. Section 13 provides for granting
licenses to manufacture liquors. Section
provides for a regular quarterly report from
all licensed distillers. These sections m the
act of 1S97 sustain the criticism of the su
preme court, it is ciear mat oeiore me
jjtate can forbid the importation and sale in
original packages of alcoholic liquors, it
must declare the manufacture, sale and use
as a beverage of all alcoholic liquors to be
contraband and forbidden, aud so take them
out of the category of legitimate articles oi
commerce. Stie cannot ior her own purposes
treat these liquors as the subject of foreign
and inters;ate commerce, and declares
them not to be such to the rest of the world.
The appalling statistics of misery, pauperism
and crime which have their origiu and
owe their existence to the use or abuse of
alcoholic spirits, are the justification for po
lice regulations with regard to tbern and
teep then. under the control of the
police power. Considerations of publicsafety,
the supreme laws override every
other, and measures, however drastic,
which prevent the existence of this
evil, will be sanctioned and enforced.
But when the State herself for her own purposes
furnishes to her citizens these alcoholic
spirits, encourages them in their uie, puts
them at convenient places within her territory
for the supply and distribution ofituin,
enters largely in th-s business, calculating
the profit therefrom as aiding State, county j
and municipal treasuries, regulations which j
would properly be attributable to the police j
power it' used in suppression of the trafiic,!
assume the form of measures tendiug to
support the State's monopoly in the business,
act as restrictions upon commerce and infringes
the Federal Constitution. If all alcoholic
liquors, by whomsoever held, are declared
con* -aband, they csase to belong to
commerce and are within tie jurisdiction oi
the police power. But so long as their manufacture,
purchase or sale or their use as a
beverage m any xorm or oy aay persim urc
recognized, they belong to commerce, and
are -without the domain of the police power.
The act of 1S97, like the act of 1S9-3, is condemned
on these principles. Neither of them
are within exercise of the police power.
Bat whilst it is true that some of the discriminating
features a-e now removed from
the dispensary, teaiares admitted to be fatal
to its constituiionality, one at least still remains.
The markets of this State are closed
to the producers in other States. (Minnesota
vs. Barber, 136 U. S-, 32'j.) They are
closed, it is true, to the producers in this
State. But the latter may be under the control
of the laws of commerce with the State.
Ktt tViA ir?
X i-iC IViUiti aib L/iVlWfcV* KTJ wuv AUVV* K/~v-..~
commerce law. It is no justification that
laws in conflict w: ' interstate commerce
press equally on t^.- citizen and the stranger.
(Minnesota vs. Barber.)
A resident of the State may under the
present dispensary law send his orders to
a producer outside of the State for liquors
for his own personal use and consumption
and a limited importation within a restricted
period and under an absolute condition |
is allowed such resident. The producer isj
limited to this. He cannot import his goods j
into this State in any other way. The con-1
U.iLIUU. IV* OULU uuvivu vuw, J
resident who desires to import liquor for his
own personal use and consumption, shall
arst certify to the chemist of the South Carolina
college, the quantity and kind of liquor
he wishes to purchase. Stating also that
snch proposed purchaser will forward to
Columbia, South Carolina, to said chemist, a
sample of the liquor. On recei_ t of the
sample the chemist immediately proceeds to
test it and if found to be pure and free from
any poisonous, hurtful or deleterious matter,
ht- issiiRs a certificate to that effect, sivins
names of proposed consignor and consignee
and the quantity and kind of liquor to be
imported, sends it free of expense and postpaid
to tie consignor, and the liquor can he
shipped within 00 days after me d. " the
certificate, which can be used once o. v.
it will be noted that the use of alcoholic
liquors as a beverage is not prohibited, nor
ia their importation for personal use forbidden,
provided such beverages are free from
"poisonous, hurtful and deleterious matter,"
other than the alcohol in them.
Th?? o^f nmvirfpq*fh<> ftqsentin.1 and conclu
sive test on this point, the certificate of the
chemist of the South Carolina college. The
act also declares all alcoholic liquors, not
rested by the chemist of the South Carolina
College and so found to be free "from poisonous,
hurtful and deleterious matters,"
necessarily matters other than the alcoholic
ingredients, to be of a detrimental character
and their use and consumption to be against
the morals, good health and safety of the
Ofrs.tst HPUft* Jo tr\ OOTT -orithnnt OnV TPfrfUvl
OUil/C. J>uab A J IV &<*J f TTAVUVMW
whatever to their real character, the presence
or absence of the certificate is the sole
test. This can be sustained only on the fact
that it is a valid inspection law.
There can be no doubt that a State can
enact laws protecting its citizens in the purchase
of articles, imported or domestic, from
purchasing something they did not intend
to buy, or adulterated so as to threaten dis
ease or death. (Plumly vs. .Massachusetts,
1-3-5 U. S., 401.) X5at it must be a law which
protects or at least lends to protect the citizen.
It must give him security: if it does
not do so absolutely, still it must contribute
to secure him.
The mode of inspection in this act is by
sample. Let it be supposed that the sam- j
pie has been furnished, has been inspected,
nas been approved and that the certificate has
been sent to the consignor. What sort of
asssurance does it give the citizen that this
liquor he thereupon receives accords with,
comes up to or in any wise resembles the
sample? What protection does it give the
citizen from fraud, from a failure to send
iiuuor according to sample'.' None whatever,
ft nnlv tmhipfrs him to the seizure and for
feiture of his goods, if perchance they should j
be insepcted. The fraudulent seller is out)
of reach. Upon what then must the citizen j
rely? lie can only rely upon the business
character, standing and integrity of the I
person from whom he buys, without any |
regard whatever to the inspection.
l'nis so-called inspection, furnishing no I
security to the citizen, cannot thereby be!
justified. It can operate only as a restric-j
tion upon, hindrance and burden to his j
acknowledged right to import for his personal
use. It is thus an interference with j
interstate commerce and in itself void.
Tne language in Mugler vs. Kansas, 12:;,
1". 5>., 023, has some application here: "If a
-srAfnte ruirnortinp- to have been enacted to
protect the public health, the public morals
the public safety, has no real or substantial
relation to those objects, or is a palpable
invasion of rights secured by the fundamental
law, it is the duty of courts so to abr:dge
them and thereby give effect to the Constitution."
The same mode cf inspection by sample
would seem to be used in all the liquors issued
by the State commissioner. (22 stat
utes. 541.)
in Scott vs. Donald the supreme court discussing
a similar feature lu the act, of JSy-3,
says: "To empower a State chemist to pass
upon what the law calls -the alcoholic puriity'
of such importations by chemical analyses,
can scarcely come within any definition
of a reasonable inspection law." "If then
[CONTINUED ON PAGE FOUR.J
[ WADED IN BLOOD.
NEGRO RAVI SHER LYNCHED IN
UR3ANA. OHIO.
I Fires on Mcl>. Kllllns:Tw^: VFound|
lng Ten?Sliorill" Flees Towo, F cut lag
Beiug Blown Up.
Two raea were killed and ten
wcuac'td by a company of ibe Ohio
national guard at Urbana, O., at 2:30
Friday mornis*. The soldiers were
attempting to s?ivs Charles Mitchell,
the colored assailant of ilr&. Eliza
Gr&umer, Iroai tae hands of aa infuriated
mob, but tiieir etforls were unavailing.
Mitchell was tiken from
ihejaii at 7:30 Friday morning and
hanged to a tree in the court yard.
TT -> . i T TT.A ~
'i'iie dcaa are: narvey .Den, uroana,
shot in. the head, instantly killed;
Upton Bak^r, farmer, north of UrbaHcl.
Fatally mounded: Wesley Boweo,
of Cable, shot, in ihe hip; Seach Wank,
Urbana, shot in tae groin and leg.
Less seriously vrounded: Dennis
Graney, Urbana, right foot, 2light;
Dr. Onarles Tnompson, Nor:h Lewisourg,
head, slignt; S. a. Deaton, prosecuting
attorney, leg, siight; G-us
Weiser, Urbana, in tbe face, painful;
Ray Dickerson, Urbana, siioalder, se.
-J . T<-vkr-? M rtlT mA rtc,Y* i
: L'J UO , C lyuu *u,wxvwr\.Aj A ca>/w, ; x^uu |
arm, paialul; i-iain McOiure, urbana, j
rigM arrc, pamtui.
liis two previous sights ar.d Thute- j
Jay portended tne graves: ,dauger, j
duc no sucj. resales v/ere anticipated
is thcsa wit bio. tae live hours irora i
2:30 to 7:3J Friday. Tlioss allied by j
?ft<3 militia were spccvi'.ors at the |
scene of excitement. In audition to J
;hi? ?isr >r. is fttativd that Mr.-?. jOiiZH!
cr-iumer, wa.) was uriaaiaally tisja a iced
by tiie negro, will not recover, and
se7eral of the injured are in a serious
condition. Th^re is intense feeling
Against sooae oi the oiliciais, and further
complications are apprehended.
While tne pis*, two nighus and daya?
witnessed scenes of lawlessness and
oloodshed, yet the feeling at no lime
was so intense as it was Friday nigki.
J?ne body of Mitchell was exposed all
day in a rough ccllin and it intensified
the feeling *mong the masses. The
citizsns wno were iciiled were buried
Sunday, and then- funeral will tend
co Jieep alive tiie Ditter leoimg. Sev 5
eral ol tne wounded are crippled for I
life.
Friday one week ago Mrs. G-auoae?
/ras criminally assaulted in daylight |
at ner horae ia Uroana, near tue court |
aouse- Mrs. Gauuier was prostrated,
ihe I'elt tae disgrace and requested her 1
sou to announce tuat she w.-.s assault- .
cQ for robbery. It was given out that
JGLUcaeii attempLtu 10 lores nsr 10
sign a caeci for $500. 13 a; as Airs,
daumer's condition became more serious
trie facts became J?nown and also
that ibe negro was atfecied witn a
ioatiisome disease. Alucucli was hrsiaeid
for roboery, but on Wednesday
ae was arraigned for criminal assault.
iLrs. G-aumer was uaabie to auppear
m court and tbe hearing was iieid at
aer nome. As Alitcheu entered ner
ooi, she raised up in bsd and ex.wimed:
"?ne brute:? nang him.
t?ow dare you face me again, you
crx ubt:.
boon after the identification on
Wednesday there was tali ox lynching.
Crowds surrounded tiie jail
that night and the snentf and local
militia nad trouole in protecting tne
prisoner. Inursday a grand jury -was
impaneled and it suon returned aa ludiciment
for criminal assault. Mitch
ell, disguised in a soldier's uniform,
was brougnt i'nursday mgnt irom jau
into court. He waived tne redding ol
| me indictment, pleaded guilty ana
| was promptly sentenced to 20 years in
tHe penitentiary, the limit ;or criminal
iiSSdUlt.
Xne trial was over before 8 o'clock
Thursday nignt, when an attempt
was made to lase Mitciieli to (Jolumous
on me tram at iu p. m., out itit
crowd were about me court nuuse ana
jail, and when me carriage drove up
i.n* ftfo.vd made a rasa iur liie laii. I
[ Tile military drove tne peoples back.
I out tue crowd soon increased in lury
as well as number*;, so that tjJienri
JicLsan and tne troops had ail tne,y
could do to noid the jail, and tne trip
co Ooiuoious was given Aup before tne
departure o? tne las;t tram.
It was 1:30 a. m. wnen the first attack
was made on the jail. Tue soidiers
opened fire c>n ttie mob ana
volleys were poured into tne auvaucmg
crowd, x.'wo were killed and ten
wounded. The attaching party retired,
out tne signt ol tci'3 dead and iujured
i infuriated mem a.Lta, tnecrorru soon
! raiiitd. Tne hnal attack on the jail
l was made ai 7 o'clock Friday inormag.
[ i'ne lccal company, whiek did tut
j snooting, had o-jen en duty for two
eights, aad a reqUesl Was &e.ut to Gov.
tfuannell lor rem I orcein en is. He ordered
a company from Jdpringiieid 10
ine scene aad in?y arrived r-^;'cre 7o
clock. Ma^or (ji-ar.zoii met tJDe sol
diers and sent tneui tack to iQe depo:,
; aavmg tliat tney were not warned,
i i'ne ic;cai company was also wim
dravvn Iroin lut j*j aouut ilus lime,
j Trie moo, vViiii?iU in nami
oers ai me oreuii ui udy, seeing tne
| >vay open, secured a large sledge namj
nine auti. slarieti. lor me jail. JTne
S fl?.earner was not needed, ?a cSherill
1 ildLsaii delivered tne ?e.ys> and Due
| oro wo. soon ioiiati Mucaelis cell.
A rope was tnrowu arouna me ne- j
j gro's neok and ne was draggtd oui. j
vv neu i-iic outer uuur was reaoneu tne
noose slipped bus it was soon re j
placed, ana tne condemned man was j
nurned into liae jarU. Tne rope Whs j
cneu tnrown over one of tne wines 01 !
a tree. jjcLilciieli was jerked up until
nia ntad struck tnee ninb. ilis neci
was broken, and ms body dropped to
me grouna. 'i'lie lacts, as near as can
be arrived at, are as I01I0WS:
Wiien tne nrai attack was made on
the jill at i:i$U a. in., u dozen men
mounted tne rear steps and two oi
f inem used sieage n&mrners cm tnt
! uoors. l'ne iocai militia company
i was under arms on tue ins;ae witn
i oner iff Mci-jaiu and ins depaties.
"J&ptain (i. W. Leonard sieppc-i out
d.iiu said: "'1 will give you three
1 uiinuiea to disptr^e. xl do not
j ay so, i nrisi nre.:'
| Tne crowd geaerally believed that1
| Sher:tit JM.cL.aiu had already ordered
j me troops to nre, and tney aisp^ :\?ed.
{iiixi tne atwek was renewed en
| in<i rear ct<x>r ot me jail with skege
j nan.msrs, the nrmg lock place, aud
j me crowd uisptrrssu, leaving their
1 ata.ii and. wouLiuea. It was after 3
j o'clock when Sheriff ilcLain teleI
^rapned viuvernor Bushneli at Woosj
ier, V? that a mob had &U*'.k2d tne
ijaxi, iu.cn. iic; iiau uyc*ltu lite, mat iiAS
iOrce was inadequate, and tnat assist[
ance was needeu at once.
| The colored people are greatly exI
cited over the affair. An hour or
ji i z ?
f more after the lynching Mitchell's
| bedj was picked up and placed in a
j rough cofliG, but still left under the
j tree, where hundreds of people conj
iinued to view it. Meantime crowds
j of people poured into the city from
| surrounding towns and viewed
| the blood stained steps of the jail and
| the marks of the bullets on the surrounding
houses.
U-ov. tfustmeJi arrived at uroana
Friday night to investigate the trouble
and especially the action of the troops.
| Citizens asked fcr protection by troops
for Sheriff McLsiitt, against whose life
threats Had been freely made during
the afternoon. Sheriff JIcLain left
Urban a at S p. m. en route to Dayton.
He escaped by the back door of the
jail, and claims that dynamite was
uein<r nrenarfKl tG blow him uo.
Mitchell was 23 years old and a
hotel porter. He bought milk at the
dairy of Mrs. Gaumer, and knew site
=7as alone while her children were at
school, fie deliberately studied his
opportunity for assaulting her.
Thw Disj>9Daa?-y la the Senate.
On last Wednesday Senator Tillman
secured the adoption of the followiog
resolution by the United States Senate:
' Whereas the Supreme Court of the
United Stales declared in the cage o!
Leisy vs. Hardin that no State had the
right to prohibit the sale of liquor
ivithin its own borders in original
packages, upon the ground that it was
in interference witia interstate commerce:
and
" Wnereas, in order to gire relief to
the people of Iowa, Congress passed
vvhac is known the TvViison law.
(Wilson Isff is then qjoted.)
,k \Vhereas under the authority therein
granted the Stale of Soutn Carolina,
in December, 1S92, passed the
dispensary law, under which provision
is made for the sale of iiquor by j
Siate officers, under strict restrictions J
and rules; ani
"Where under this system experi-J
ence Gas shosvn the cause of temper- j
ance has teen advanced ana me good
order and quiet of the Slate have been
promoted, inere being now less than
100 dispensaries in place of upwards
of SOi) oarrooms in 1S92; and
Whereas a Circuit Judge of the
United States Court, by judicial iegis
iation in a recent decision has repealed
the Act of Congress above recited,
as far as South Carolina is concerned,
thus requiring the State to reopen
oarrooms or alio?* the free and unlimited
sales of liquor in original!
packages: therefore, 03 it,
"Resolved, That the judiciary com- |
caitiee of the denate bo instructed to i
consider what legislation, if any, is
necessary to restore to Soutn Carolina
the right granted by the Act of August
8, JLS9U, to control the sale of alcoholic
liquors within its own borders,
in its own way, in common with
other States of this Union."
Mr. Tillman spoke briefly in support
of the resolution, spying the public
impression that the dispensary law
was a money-making device was erroneous,
ana that it had accomplished
much good in regulating the liquor*!
traffic.
Mr. Faulkner of West Virginia felt
that the Senate should not be committed
to the lengthy preamble reciting
the etfect of tue law, etc.
Mr. Tiilman modiried the preamble
so as to avoid tne term "judicial legislation1'
in characterizing the recent
decision, and substituting "judicial
interpretation."
Mr. Hoar of Massachusetts, chair
uia.il Ui. iu.e juuiuiaxjr uuiiiLLucucc, jjauposed
a substitute, omitting all preamble
and s:mp.>y directing the judiciary
committee to consider anu report,
by biil or otherwise, what legislation,
if any, is necessary to carry
oat tae statute of JLS9J relating to
commerce oe^een the States.
Air. Tillman accepted the substitute,
and it was agreed to.
(ireke Storm la Icxm,
O-ie of the severest wind and rain
storms prevailed throughout a good
portion of North Texas that has been
experienced in many years. The
,vhtat and oats crops are just about
""'A t ri fdu ro C< V?A G. V
1 J.JJZ/ aUX AJlO. Y UOllUg auu ^0 v*.lv< VA n
pressed thai theae crops have been
ureatiy damaged, though as jet it is
impossible to estimate tna extent of
injury done. At, Fort Worih the
wind was * unusally severe in a portion
of the city, dome twenty residences
were oicwn from tneir foundations
or otherwise damaged, besides
injury being done to Darns, snsds ana
small store ouiidingr. The area damaged
in this city is half a mile by 2iiU
3>&rds and the damage is estimated at
: not less than $15,UU0. At Arlington,
15 miles east of Jb'ort Worth, a Gozen
jor more houses were blown olf their
I iDiocks or unroofed, and a number of
j houses on tne prairie for several miles
[ground the town shared alike fate.
! I'ho -jnar.if.ft nf th? neaoe of the 'Ore
ciuct, eS. A. Lasater, and L. J. Prose |
I were in a tenement house which wasj
i olov/n to atoms, both men being bad-I
| ly hurt, the former, it is leared, fatal- j
| ly. At Granci Prairie, four miles east |
| of Arlington, six houses, including j
070 store ouadings were olotfii from j
iheir foundations and badly damaged, j
Prom Picaland, Weatberlord, Itasca, J
fclnais, Wills Point, Mcixinley, Uran-f
juaii, Oorsicaa, Gainesville, Ttrrell S
jaadotner towns witnia a radius oI
170 milts come reports of heavy wind
j a.aci lerriili^ down-pour o' raia, doing
| more or less damage, especially to the
inpeaing grain ana oiner growing
[crops. At Mearne a hard rain anu
j wiad storm aid considerable damage. |
XDo Hildas tfili.
Ine Tillman dispensary bill intrcduc- j
j ed in taekkn&te at Wasaiagton March |
i|> was reported favorably Friday by ]
i tae interstate commerce comoaittee. j
I it provider: "Xiiai all fermented, dis!
tilled or otaer intoxicating liquors or.
j liquids iranspjrieJ into any otate or
| territory or rcmaiaiag therein for use,
j cjasuKiuiion, sale or storage therein
! snail, upon arrival within the limits
i of said otaie or territory, ne subject to
! the operation aad elftct of the laws of
j such. btaie or territory to the same exteat
and in me same manner as though
jsucn liquors or lipids nad been proI
duced m such Staie or territory, aad
j snail not be exempt tnerefrona oy reason
of being introduced therein in
[ original packages for private use or
otherwise, and such rftates shali Have |
i absolute control of such liquors or j
liquids within Uieir borders, by whomsoever
produced and for whatever use
importeu: provided. that nothing herein
contaiutd shall oe construed as affecting
the internal revenue laws of
the United States or liquor :n transit.''
It is simply an extension of the 'origiaai
pacKtge" biii of 1890 known ss
*tne Wilson bill," and little or no opit-o
o.iviir n-ictoffo ic onnrp
? Lv/ i>I/O MCAOOWiCj w a?s? w jnencied.
'
THE SUGAR SCANDAL.
SENATOR TILLMAN PUSHING HIS
PROPOSED INVESTIGATION.
ai ou*. vcw cv *.VRW K"V
Sense of the Senate as to an Investigation
o? the Records ot Senators.
Senator Tillman gave the United
Spates Senate another hour of exciting
controversy over the proposed sugar
investigation J2st Thursday. Senator
Tillman then cams forward with another
phase of the proposed sugar investigation,
closing" with a motion to
discharge the committee on contin
gent expenses from farther consideration
of the resolution recently offered
by him to investigate the alleged speculation
in sugar stocks.
The motion contemplated an immediate
vote by the senate on the sugar
investigation resolution. Mr. Tillman
spoke in his usual vehement style,
which attracted much attention and
drew crowds to the galleries. He began
by presenting a clipping from a
Haverhill (Ds. BL.) newspaper, referring
to the recent speech of Mr. Tillman
and adding a query as to whether i
the proposed sugar inquiry would be j
suoplemented by an inquiry into the J
r> J. T> _ *.1 ^ ~ ? I
cnarges 01 ex-oenaior .ouuer in connection
with Mr. Tillman's administration
of the South Carolina dispen-1
sary law.
The charges against him were stale, |
M>. Tillman said. He had met them
before and he read an open ietter writ- j
ten to the people of Sjuth Carolina,
characterizing the charges as slanders.
Tiiis was an attempt to divert attention
from the sugar scandal, tha senator
declared, but fthe attempt would
fail. He had com9 from the plough
to the governorship of South Caroli??.
AwflM 4-Vi c. ^AnrvlC ^ thrteD I
LLCLy V wi iVlLUO \J?* ?UVdW
constituting the oid regime,and it had
won him many enemies. Ail the
crimes in the decalogue had been
charged again 1 him. He had appealed
to his peo.Me and they had sustained
him, sending him to the Senate after
a heated canvass in which Mr.
Sutler had sought to ufiy blow''his
(Tillman's) character.
Now the same old eggs were Drought
forward. If any man desired to look
into his character, then, said Mr. Tillman,
he courted the fullest inquiry.
And any other Senator against whom
there was the breath of scandal.should
nave the chargss probed to the bottom
and this scandal dispelled. He had
made no charges against the Senator
from New Jersey (Sr. Smith,) he declared,
but had merely submitted the
published charges now before the public,
and, since the committee had
made no reports on the resolution,
Mr. Tillman said he would now move
to discharge the committee from further
consideration of the resolution.
"So that," he added, with rising inflection,
"Senators can now put them- j
selves on record as to whether they j
want these charges investigated."
Mr. Tillman dropped into his chair,
but was qiickly on his feet again.
He had, he said, approached the chairman,
(Jones of Nevada) of the committee
on contingent expenses and
nad been told by him ttiat he was
ready to report the resolution, but was
awaiting the action of the other two
members of the committee (Jones of
Arkansas and Gaiiinger of New
ilampshire.)
Mr. Gallinger then secured recognition
for a statement of the attitude of
the committee, he berns the senior
member in the absence of tne chairman,
Mr. Jones of Nevada. "Erery
man in pubiic life feels the sting of
false charges," he said, "and must the
Senate pause every time such accusations
are brought to spend its time
and the money of the United States in
pursuing these charges. It this is to
oe the case, then there would never
oe a tariff bill nor any other bill."
Mr. Vest suggested that there was a
precedent for ignoring charges against
1 the parsonal character of a Senator,
ile referred to tne attitude of Senator
Thurmond when an investigation was
proposed against one of his associates,
tie nad held that the courts were open
~ - o v-i A 1 if -rrro o y At
iUr priVittC icuic?,auu ?uai> ~i< tiiw uut
for the Senate to undertake to right a
private wrong. There had been no
dissenting voice from this position,
Mr. Vest asserted, and it was not for
one Senate to pat aside its public business
to attend to tbe private character
of Senators.
Mr. Tillman was again on his feet.
The newspapers were trying to make,
a tire in His rear, lie said, while he
wus engaged in a fire in .front. His
resolution simply sought to deter
mine whether tne finance committee
was the creature of the sugar trust,
whether senators were the "tools and
paid agents of the sugar trust," or
whether they were here performing
their duties as honorable men.
Mr. G-aliinger proceeding, said the!
people of edcn senator's Stale must
jMiss upon his character. The people
of South Carolina had passed on ttie
character of trie senator from South
Carolina, and that was sufficient Yin
dication wit bout an appeal to me senate.
"Can Senator Aldrich and the committee
deny a hearing," queried Mr.
Tillman, "wiien the piper making ttie
enarge orrered to appear and prove the
charge?'
Mr. G-allinger said this investigation
of charges might go on indefinitely.
Suppose another paper made another
charge. Must the senate start an investigation
ol tne enarge and then
suppose other charges wera made.
Most further investigations be started.
Was that the kind of business tne
senate must embarfc upon instead of
attending to pressing legislation.
Mr. Tillman was still standing at
his desk, and hurled back the answer:
*ff tnese charges are false, then it is
time to stop the lies spread before the
public, this slander of ink, and to
punish the men gujlty of the false~
^-1 - ? i /-\ c?r\ TfAti c t o Ti
UUUU . auu U.LLC1 1 JVU U.V ou jvu CWMXXU
convicted before the American people."
The time had not arrived, Mr. Galiinger
proceeded calmly, when the
American press was to be muzzled in
the manner suggested by the senator
from South Carolina. The era of the
Spanish inquisition had gone b r, and
the men of the press, zealous in their
duties, were not to be dealt with by
such methodsMr.
Gailinger closed with an earnest
protest against "railroading" the reso
iution out 01 me comiautse xu ueuance
of precedent and the usual courtesy
prevailing.
"I desire to call your attention,"
again interjected Mr. liliman, "to the
fact mat your side is railroading
through a tariff bill, and as soon as it
is passed you propose to adjourn, so
tuat if there is to oe any sugar investigation
it is time to bsging it at once."
Mr. Galliager was Jed into further
reply. He referred to the futility of
investigations and ibe humiliation to
which senators were subjected in being
brought before the former sugar
investigation. He again protested!
fl/veincf TfrVi7/?)i rw/vn 1/3
.***?. vAv^AMWkN,/
the committee navicg charge ot trie
resolution.
At this stage an exciting colloquy
occured which appeared to involve a
question of veracity. Mr. Tillman
interrupted to state that he had it
from tie chairman of the committee
(Jones of Nevada) that he was readv
at any ti ne to report the resolution
back.
Mr. Gallinger said such an assertion
could not be correct, as the committee
had met on the day of the alleged
statement by the chairman, and had
not reached a determination.
"The chairman told me that he was
ready to report," insisted Mr. Tillman.
Here Mr. Jones of Arkansas, the
Vi^Y? rvn anr* Kza>? /"\ F o /?/*Nrri rYl 1 ftAO 0>?AC0
VlUOl JJLLtji-U 1/^1 V L LU<^ LLiUJ.iH.'vO, m VJV
and in positive tones declared: "The
ehsirmsn could not have made suck a
statement, as it was not so."
"But he did make it," again asserted
Mr. Tillman.
"Then let him make it here," demanded
Mr. Jones.
The senators were facing each other,
and the exchange was direct ana perA
1 u fpp I nAt/s ViA /J (-irtAVl
b'jliK.1. iiir. xiiiinau. saiu. nc iiau acc-u.
that the Republican senators had
"caucussed at a dinner, and had deciden
not to support this investigation.
Was this another lie? Democratic
senators, also, were said to be opposed
to investigation, "But," he added,
turning to associates, "if there is rascality
we ought to kno v it. It lays
wi:h you, by your votes to be relieved
o; the charges before the American
people."
Mr. Jones of Arkansas, of the com[
mittee, gave assurance that theresolui
tion would be resorted in due time un
less taken a-ray from, the committee.
'Bat aside from this," pro*eeded Mr.
Jones, ';I cannot shut my eyes to
! facts connected with this. I believe
the senate of the United States is an
honorable body. I believe senators
are gentlemen?as a rule. There was
suppressed laughter at this qualification.
Here Mr. Hoar of Massachusetts de*
<nandftd a vote on the motion and Mr.
G-allinger moved to lay the motion on
the table. Mr. Tillman again arose.
In view of the fact that two members
of the committee had give a assurance
that the resolution would be reported,
ae would, ne said, withdraw the mocioo
so that senators could vote on the
main question, whea presented without
complications as to committee procedure.
This closed the iacideat and the
tariff bill was taken up.
Fire at t^ie Asylum,
mi-- i J?
iuo iauuur,y uunwu^ai wcuu^iuti
for the insane was gutted by fire this
morning. In the northwest corner of
the buiiding was a stove where irons
were heated. The roof over this stove
caught fire and the blaze quickly
spread. It was a long run for the engines,
and when they arrived the fire
had gained good headway. The -fire
?vas confined to the building, which,
with its contents, were destroyed. The
loss will foot up several thousand dollars,
and is covered by insurance. The
patients were greatly excited by the
tire and noise. A serious riot seemed
imminent for awhile. Chief May was
j interfered with by a negro employed
by the hospital, when Chief May
pushed the negro aside, the negro
cursed him and struck Mm 011 the face
with a brick and several others commenced
shying oricks at him. A policeman
arrested the negro, clapped
handcuffs on him and started off.
Others tried to release the negro and
trouble was imminent A number of
pistols were drawn and things looked
serious. Chief May is greatly beloved
by the firemen and they were bitter
agaiast the man who struck him. I r.
Bibcock succeeded in quieting maimers.
He secured the release of the
negro, promising to deliver him to the
nffip.srs of the law whenever he "was
wanted. Then the boys put their
whole attention to fighting fire. Serious
charges will bs preferred against
the negro. After the fire, Abraham
Jdoore and William Mack, both colored,
were both arrested for participating
in tne fight.
What are Original Packages.
Judge Simonton does not appear to
have giuch helped those who want to
sell liquor in competition with the
State. Dispensary Commissioner
I YT TTT- J UaJ 4.U
v auce vv euuesuay tcicgrsxyucu internal
revenue department at Washington
inquiring what were considered
"original packages" within the
meaning of the Wilson law. He received
the following reply:
"All packages containing distilled
spirits required to be marked, branded
and stamped under internal reveaue
laws are regarded as original!
packages. G. W. Wilson,
"Acting Commissioner."
That appears to settle the matter. If
private parties wish to seil half pints,
pints, quarts or gallons, each half
pint, pint, quart or gallon must be
imported in a separate branded and
stamped package. Of course there
will be no proht m that business.?
Columbia Record.
Made TUlman No Promise.
Senator Jones, of Nevada, chairman
of the senate committee on contingent
expenses, returned to Washington
Friday. Referring to the Tillman
resolution to investigate the reports
that senators nave speculated in sugar
stocks, he said that the committee
would take the question up in good
time, but that so far as he was concerned
he would not be hurried into
reoortin? uoon a matter of so much
importance as is this. He declined to
discuss Senator Tillman's reference to
their interview over the question of
reporting the resolution beyond saying
when Mr. Tillman came to see
him, he had simply told him that he
wouid take it up with his colleagues
of the committee as soon as he could
t-rtnothoi' qc Vie h?ir^ not nrirtT*
faVgVUUVA MU MV - ^r..v.
to that time been able to do. The senator
contends that there has been no
undue delay and that there will be
none.
Stnnned by an Electric Wire.
A special dispatch from Anderson te
the Columbia State says the electric
wirA was broksn on McDuiSe street,
and Kev. S. B. Brown got into it in
the dark and was badly burned. R.
T. Long, an employe of the power
company, was near by and ran to his
relief, but he also got noid of a live
wira and was thrown on his back.
His cries brought C. S.Sullivan to his
assistance, who threw a rope to him
and thus Dulled him out. He was also
i severely burnd.
STATE WILL COMPETE
FOR TH? LIQUOR BUSINESS ki SOUTH
CAROLINA.
Seems to be I5ie Plan?CoMtabnlarv Will
Likely bo Abolished?Wbat Attorney
General Says?Board af Control.
Of course nothing else is being talked
of in official, political and other
circles at the State capital just aj; present,
but the decision of Judge Simonton
in the matter of the dispensary
law. Everybody hereabouts is specu1-2.!
X- 1. A.T. ~ :i)
laung as to wnai course me oiaie wm
pursue. Tuesday the State officials
seemed to have somewhat recovered
from the first severe shock arid appeared
to have considered the situation
calmly pvernight They were therefore
income what better condition to
talk of the situation Tuesday than
they were the preceding day.
From what could be gathered after
hearing all suggestions made it seems
practically settled that the policy of
the State will be about as follows: An
appeal from Judge Simonton's decision
will be made, but it is extremely
unlikely that any effort will be made
towards having the judge vacate his
order of injunction pending that aprujol
.Tnrlo? Sim/vrifrtn rmilH hftrdlv
.be expected to grant suck a request
inasmuch as his decision is so sweeping
in its character ana so unqualified
in its terms. In the meantime it seems
to be the general purpose to continue
the operation of tne dispensaries, putting
down the prices of the liquor to
the lowest possible figure and entering
the field of competition with the
whiskey houses outside the State who
/irtYl sMtl-rr c?Vi4r* T^Q/>lr3flfOC frtr
v9U (t/lilj 1U VligmaA AVA
sale. It is contended that the dispensary
can meet all competition successfully
because it can reduce expenses
considerably and besides the profits at
present are about 100 per cent. This
can be cut down very easily and there
is plenty of margin. The first big
lopping off of expenses, it is understood,
will be the doing away with
the constabulary force. This now
costs the State between $40,000 and
$50,000 annually. It is ascertained
that already Governor Ellerbe has issued
instructions to all the constables
to cease all seizures and ordered the
chief constables to report in Columbia
Wednesday for council with
him. In lieu of the constabulary,
it is said, the several cities of
the State will be notified that
"? " "? J 1 1 - L JL XT
tney will 06 expeciea w instruct tneir
police forces to look out for all sales
of liquors in other than original packages.
It is broadly intimated, but not
from the governor, that in case this
is not done the metropolitan police
law will be applied to the city that
fails to do so.
It is also contended that the dispensary
will have an advantage over all
competitors in that it will be able to
purchase whiskey in balk and bottle
it, while all others will be obliged to
make their purchases in original packages,
belt able to sell only in sach.
Anothp: contention is that outside
parties cannot purchase, say 100 half
pints' original packages in one box
and selltnem separately, but must
sell the box and its contents. Wnat
there is in either of these positions remains
to be seen.
It is practically settled that there
will be no extra session of the general
assembly. It is held that this will be
a great and useless expense. It is held
that in case the legislature goes
to Columbia now it will be totally
unprepared to pass any
kind of an act to relieve the
situation, and what is more each man
will have his own ideas about it, and
the result will be that about six -weeks
will be consumed in debate at a very
heavy cost to the State.
Governor Ellberbe was a little noncommittal
Tuesday. He seemed to
have made up his mind, having recovered
from the shock of tve precedI
ing day. He stated to a representative
! of The State that Wednesday he would
make a brief statement covering the
attitude of the State va regard to the
present situation.
^ f j
governor iiiueroe lias conierrea wiwi
the members of his cabinet and with,
the attorney general and has also conferred
with tne members of the State
board of controL
Attorney General Barber returned
to the city Tuesday at 1 o'clock. He
was seen shortly afterwards by several
representatives of the press to whom
he made the following statement:
"I don't know what coarse the gov
rrrill toikiia Sn far fl<J thfi \ttra.
Ol U VA T? 1AA Jk/bUUUV? MV W? -
aspect of tlae case is concerned, you
may say that this office has not determined
at this early hour after the rendition
of the judgment just what steps
will ba taken. This is a temporary
order of injunction and unaer the
United States statute an appeal from
it may be taken to the circuit court of
appeals. This course may be adopted.
In the meantime the answer of the
defendants will be filed on or before
next Monday as required by the subpoena
and if a final order can be had
at a sufficiently early date it is possible
that we may wait for that and if
if ic offoinot tic to Ire an armmil from it
J. U AO O^tUUd W WMM.V MA4 wprj- .....
directly to the supremecourt of the
United. States. In any event it seems
to me that the question involved will
finally have to De decided by the supreme
court."
''How about the running of the dispensary
and the sales of liquor in the
meantime?"
"Well, as to the running of the dispensary
that is for the Stats board of
control to say, and as to the seizure
of liquors that is a matter for the gov
ernor, but of course I presume ills excellency
will strictly obey the order
of the court. And I have never advised
the disregarding of any judgment
and would not advise any such
thing in this case."
Mr. Barber, continuing, said that
he could only speak of the legal aspect
of the situation. The State dispensary
is going ahead shipping out
iarge orders of liquors.
Democratic Gain In Missouri.
Returns from the first Missouai congressional
district indicate that Lloyd
I(Dem.) is elected over Clark (Rep.) by
a plurality of 5,000. The total vote
cast was about 80 per cent, of that
cast last jNoveme>er. j^ioya cameu
Hannibal, Clark's home, by 241 plurality,
a Democratic gain ol 206 cvei
the November election.
His First Yose.
Senator McLaurin's first vote in the
Senate was in favor of the Democratic
amendment to reduce the duties on
crockery ware from 60 and 55 cents
to 30 and 35 cents. His votes today
show that he is noi a protectionist, aithou'ga
he favors protection to raw
material as a means of relief to the
farmers and producers.