Historical Newspapers of South Carolina

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r r S o 1 i iF , ( r ' I j l r I L I I R,, W E III. .11A I\Cx, S. C., WVI,)\LSi)A , .JL"NE. , JUDGE SIM.TON'S OPINION IN THE NOW FAMOUS DISPENSAR CASE. Fulil Text of the Oplnioi in the Case tha Knocked the Dispensary Law Out, Whicl Will be Read With Interest. Knowing the interest that is taker in tne recent eciasion or J udge ;s1imus1k ton declaring the Dispensary law uu COSuLUtiOnaii vKe present below tis hau text Of the upiuioa. upoa whici inat aecision was tased: The United -tates o: America, Ulstrict o: South Carolna-lu tin Circuit Court - Fourth Uircuit-In Equity. The W. A. Vandercoca Coumpany vs. S. W, Vance, W. N. Bahr, J. M. Scott, N. Liv ingston, C. S. MUoseley, :4. l'etderman Sunonion, Circuit J udge. This is a oilnim equity riled by complain ant, a corporation ot the State of Caiiuornia, agamnst S. W. Vance, who is State coimiis stoner under the dispensary law, and W. N Bahr and others, who are Mtate constable: appointed to put this law in execution. Tt oii alleges that the coupianant is the own er ox vineyards in the 'tale o: California, and that it manuactured tromi grapes or such vineyards well known pure wines, brandie: and other liquors paiicularly of clarets, rhine wine, ourgundies and champagne. That by its traveling agent the compiainaut took orders from certain citizens and resi uents of the State of South Carolina to deliv er to each of them certain original package. of wines, etc., products o as vineyards. niled said orders and shipped Iron an raancisco in Calioria to Cuarieston, South Carolina, by rail, a carload ol its products, containing i separate original packages, for each of its said customers, all maraed with its name and address in California, adopting this mode of snipping oy carload in orier to obtain a large reduction in Ireight. That ine goods so shipped arrived in unarleston, passing through the hands o several com mon carriers in continuous route; and there upon were seized without warrant by ae iendants Bahr and Scott, and 6k of the pack ages were snipped by said constables to Cu iumbia to J von F. Gaston, tnen State com missioner, got into his nands and then into the hands of his successor, a. W. Vance. with mull notice of the unlawful seizure and that Vance, notwithstaidiig refuses to de liver them to compiainaat or its agent, alter repeated demands and threatens to convert and sell the same to citizens of South Caroli na. That these same constables and others, claiming like authority, threaten to seize in like manner, all wines shipped oy complain ant into this State wherever found and lor whatever purpose shipped, arriving in said city of Charleston, and in like manner to snip and deliver the same to said S. W. Vance, who likewise tnreatens to convert the same, to the great damage of complainant and to the obstruction and destruction or its law iul business and interstate commerce and trade in its wines, etc., with citizens and residents of Souta Carolina. The bill then alleges the shipment of another importation o1 wines, etc., in separate original pacaages iroin its vineyards in California, upon orders irom residents of soutn Coroun.,-tne arrival of tne same in South Carolina and tne wrong itt seizure of tne same by State constables. That other orders have oeen obtained lor other residents of South Carolina for separate original pacKages and that upon such order complainant proposes to ship such packages to south Carolina in nue course o! interstate commerce, and that in tne future it intends to seek similar orders and to ship thereupon Similar original packages into tae State o1 South Carolina. The bll further alleges fnat it intends in tae course of its business iurtner and in addition to such shipments sto ordered ny customers in advance, to shi also from San Francisco, California, to is agent in the State of South Carolina and t store and warehouse in nouta Carolina and to sell in the State of south Carolina, in the original, unbroken packages as imported as atoresaid, to residents of south Carolina, iii wines and liquors, products 01 its vineyards in the due and lawful exercise of its rights under the Constitution and laws of the United States. And that the defendants tareaten to seize, taae and carry away, convert and sell ali such shipments. Inc bill then cnarges that by the aispensary act of 10%7, under whichl tae defenuants seeK to jusuly their action, all wines, neers, ales, alcoholic and other in toxicating liquors are the subjects of lawful ianulacture, barter, sale, esport and im port in the State of South Corolina, and nave been and are being and wil continue to be lawfully used andi cousumeu asa ovv erage by citizens and residents of tme State of soiuth Carolina. And that ine products 01 its vineyards are lawful suojexts of interstate and foreign trade and commerce. The bin then charges that the said dispen sary law, insofar as it authorizes te acts 01 the delendants, or in any way attempts to abridge the right of importation of the pro. tiucts of complainant's vineyards, into tnii State and there to seli in original pacaagei or in any wise ninders and prevents its in tercourse, commerce and trade with citizens and residients of South Carolina, in the pro tiucts of its vineyards in such original pack. ages, is in conflict with the Constiution ol tne .United States and is null and void' The bill then alleges ?acts sustaining the jurisdiction of this court and securnng the jurisdiction of the United States supreme court and prays a temporary, to be fonowed by a permanent injuncuion. Upon the tiling of the bill, a rule was is sued against the defendants to show cause wny the injunction prayed for in tue bull 0e not grantea. The return sets out three j urisdictional exceptions. First, that the tiu presents n. uuestion ar-ising under tne Constitution and laws of the LUmted states. Second, that the bill is defective in its allegations and doe: not state a case coming witn the juarisdic nion oh this court. Tnird, that the oid pre seaits no case bor the junisdiction of a couri of equity as the plamta has a plain, aide q1uate and complete remedy at law. Thl( bare inspection 01 the biushows these objec tious to be unfounded. The return tmen addressed itself to th< merits. It sets out clearly that thd ship~ meats made by complainant were made ily bill of lading to a genilemati in this state, i this behalf selected as the agent of complain ant, for distribution of tae packages and per haps the receipt of the purchase money. I then admits tne main bacts of the bill and cnarges that the shipments made by com plainant and those contemplated by it and tue course of dealing in the future which it intends, are in contravention of the act of as semoly of 1637, the amendment to the dis pensary law. And tnat under that act, and aie otner acts wich it amends, the course and action of the State ohlciais were justiied and were rigat and proper. luis case brings np squarely the ques tion, "lias a producer ox1a~coholuc liquors it another State, the right under the Constitu tion ox: the Umited htates, mn the nresent con diuion of the law of South Caroluna. to shit into that State his prodncts in original pack ages and to sell them in the original pack ages, either upon order sent in advance ot shipment or upon purchases made after ship~ment and arrival' ine quesuont is one of grav-e imnprtance. The very able and exhausuive argunents o: counsel on both sides have put ImaC co'urt it possession of every argument which can be used upon it. They have received the care. hul consideration which they and the aues tions to which they were aduressed, deser-ve. Section 5, Article I of ihe Constitution o: the Unite- States declares: "The congres: shall have power * to regulate coim mcerce w:th foreign nations and among in several States. and with the Indian tribes. The supreme court of tne United State: has now established by a current of decisonm whic cano be misndestod, that unde: this section, cougres5 aione has the righ ax, prescribe and regulate interstate s toreiu cotmmerce. and that no one of States can in any way interfere with si commerce or preseritne any regulation the of without the consent 01 congress. "1 by virtue o its jurisdiction over persons s propetty wititu it limits a State may p vide for the security of the iv :iuos, and comfor t of persons and protection of property so situated, yet a si Jeet matter ica bas teen contided exe IVely to congress by the Constitution, is within the jurisoictiun of the police po tt cue State unless piaced there ty congr ionai aeucon. tieuderson vs. .\layor .\cw ora, 12 . '.. Ratlroad Compa vs. lusen, +o t . ... 'O: Walling vs- Mi .an. 116 C. S., s' ituobius vw. thelby, -lusinsmuch as interstate commerce, ci sisting in tie transportation, parcnase, s; asnd ecitiange of commodities is national its character and must De governed oy a u torm system. so long as congress does pass any law to regulate it or allows state to do so, it thereby indicates its y that suca commerce siaii oe tree and uutra mcied.'' (County o Mobile vs. Kimball, U. S., 'J9 ; Brown vs. Houston, 114 U. 622: Wabasn ac. ltailway vs. Illinois, li6 . 57.) The application of this doctrine to effect of state legislation upon the inpar tion of alcoholic liquors into a State, catse for discussion and decision in Leisy vs. 11 din, 13 C. S., 1U0. That case arose un the pronioition laws o: Iowa. Secuon lI of the code o1 Iowa provided: --No per: shail manufacture or sell by himself, cters steward or agent, uirectly or indirectly. a intoxicating liqaors except as hereinat provided. And the keeping of intexicati aquor with intent upon inc part of the o wi iaereof or any person acting under nis tnority or by nis permission to sell the sa witnin this State, uountrary to the provisa ot this chapter, is hereby pronioited and i intoxicating liquor so kept, togetner w the vessels in which it is contained, is cdared a nuisance and shall be forfeited a dealt with as hereiuafterprovided." Chapter 71 of acts of IS2 of Iowa p tided: "That after this act takes elffct person shall manufacture for sale, sell, le for sale, give away, exchange, Darter or d pense any intoxicating liquor for any pers whatever, otnerwise taan is provided in ti act. 'ersons holding permits as herein p: tided. shall be authorized to sell and d pense intoxicating liquors for puarmaceu cal and medecinal purposes, and alcohol specified chemical purposes and wine j 3acrimental purposes, but for no other pi poses whatever." Tne act than provides for the issue of p mits for this purpose by tne district court the county, which permits hold good for o year. These provisions being in full force, Lei & Co., brewers in Peoria, Illinois, snipp into lowa Dy rail to Keokuk, sundry barrt of beer in original packages, and sold a offered for sale in Keokuk, only in unbrok original packages this beer. Thereupon was seized and held subject to the laws Iowa above quoted. The cause went through the several State courts into t supreme court of the United States. By ti court the case was held under deliberati and nnally the opinion was pronounced the chief justice as the organ of the cou Mue points to be decided are thus put: "Ti ardent spirits, distilled liquors, ale and b are subjects of exchange, Darter and tral tike any other commodity in which a rig of trathc exists and are so recognized by t usage of the commercial world, the laws congress and the decisions of the courts not denied. Being thus articles of commer can a State in the absence of legislation the part of congress prohibit their impor tion from abroad or from a sister State when imported prohibit their sales by t importer*" In answering these questions the cot goes into a full and elaborate examination all the authorities, the conclusion is pressed in these words: Tlhe plaintiffs error are citizens of Illinois, are not pharn cists and have no permit' (the prerequisil of the Iowa act) "but import beer into 1o which they sell in original packages. Und our ,decision in Bowman vs. Chicago, sup> they had the right to import the beer ii that State and in the view we have express they had the right to sell it, by which alone it would become mingled in the comm mass of property within tbe State. Up shat point of time we hold that in ti c sence of congressional permission to 4~o: the State had no power to interfere by seizt: or any other action in prohibition of impor tion and sale by the foreign or non-residi importer." Upon the publication of this opinion,t congress recognizing its force, enactedt act of August 8th, 1890, commonly knol as the Wilson act. The act is in the words: "'That all fermented, distilled or of inte icating liquors or liquids, transported it any state or territory or remaining thern for use, consumption, sale or storage thern shall upon arrival in such State or territe ne subject to the operation and effect oft laws of such State or territory, enacted the exercise of its police powers, to the sai extent and in the same manner as thou such liquids or liquors had been produc in such State or territory, and shall not exempt therefrom by reason of being juta duced therein in original packages or oth wise." The case of Leisy vs. iardin is discuss in Pliumly vs. Massachusetts, 15.5 U. t42, and in Everet vs. Missouri, 15t U. :21, in which case also the act of 1890i tuentioned The controlling question in the case befC us is: low does the Wilson act affectt South Carolina statute? In the recent c: of Scott vs. Donald, 1053 U. S., 5s, a ci from this circuit under the dispensary la: as it. stood before the passage of the prest act, tue supreme court discuss the dispi sary law, and condemned it. They hold 11 the Wilson act did not protect it. This case of Donald vs. Scott was bront because of the seizure and confiscation certain alcoholic liquors, products of oil States, imported by the plaintiif for his p, sonal use. The conclusion of the suprea court, after full discussion of all the ca: Dearing upon the question, is: "la the lig of these cases the act of South Carolia January 2, 1s95, idispensary law,) must to those of its provisions which affectt plaintiff in the present suits be condemnet This act o1 18953 was amended in 15 and when this decision was publishedt law was further amended in 1s07, and t case will turn on these amendments. Have the amendments cured the ob.je ionable features in the act of 1I'3? In V) aId vs. Scott, the supreme court say of1: act of 159)5: "it is important to observe ti the statute does not purport to prohi either the importation, the manufacture,t sale or the use of intoxicating liquors. 'i :irst section does, indeed, make it penal mnanufacture, sell, barter, deliver, store keep in possession' any spirituous, mi vinous, fermented, brewed or other liqui which contain alcohol and are used as beverage, except as hereinafter providi and declares all such liq uors contraband. SYet these enactments arc not absolu but are made subject to the subsequent p visions of the act. When these provisi are examinmed we find that so far fromt i::iportation, manufacture and sale o: su .1u ors bein g prohibited, these operath are turned over to State funetionaries whlomz alonec er tinder whose direction 11i ire carried cu:.The amending act o: 13 contums pronlsions almost identic ii in it uage, exactly identti2a! in effect. The act 17ame~nds section : of the act of 10' and still further am:ends scetions la and: which had been amended by the act of 1S removing from these last two sections, le ures of discrimination. But taese cuanj to court of the act of 1S9S. This criticism w:w .nd not on these discritination4 only. Th the court says: "In view of these and simila: ich provisions, it is indisputable that whatever re- else may be said of this act, it was not in. tile tended to prohib:. the manuftcture. :ai lid and use of alcoholic liquors. On the con ro- trary, liquors and wines are recognized i ese es. couraodittes. which may be lawfully ::e tne nought and sold, and must, therefore. li .to- deemed the subject of foreign and interstate In- commerce. Section 2 provides that the State aot board of control shall purchase all li-tuor: ver for sale in this State. -ection :3, ater pro es- viding for the appointment of a comnmision ot er, proscribes ho w he shall furnish liutor: ny to toe county dispensers for sale. ection ii- provides tor county dispensers who sb:l sel .2Q lquors. Section 13 provides for granting lieenses to manufacture liquors. Section 2. )n- provides for a regular quarterly report ;ron kie all licensed distitlers. fhiese sections in the in act of 18,7 sustain the criticism of the su ni- preme court. It is clear that before the aot State can forbid the importation and sale it he original packages of alcoholic liquors, it till must declare the manufacture, sale and use m- as a beverage of alt alcoholic liquors to be u' contraband and forbidden, and so take them S., out of the category of legitimate articles o: C. commerce. Sue cannot for her own purpo ses treat these liquors as the subject of tor he eign and interstaue commerce, and declares ta- them not to be such to the rest of the world. up The appalling statistics of misery, pauper er- ism and crime which have their origin and ter owe their existence to the use or atuse 0 26 alcoholic spirits, are the justification for po on iice regulations with regard to theut and or aeep them under the control of the ny police power. Considerations of publi ter safety, tue supreme laws override every ng other, and measures, however drastic. Ler which prevent the existence of thit in- evil, will be sanctioned and enforced. te -'ut when the State herself for her own pur as poses furnishes to her citizens these alconol te ic spirits, encourages them in their use. puts ta theta at convenient places within her terri ie- tory for the supply and distribution of them, ad enters largely in the business, ealculating the profit therefrom as aiding State, county to- and municipal treasuries, regulations which no would properly be attributable to the police ep power if used in suppression of the tra:lic, is- assume the form of measures tending to on support the State's monopoly in the business, il act as restrictions upon commerce and in ro fringes the Federal Constitution. If all ai is- cohone liquors, by whomsoever held, are de i. clared contraband, they cease to belong to or commerce and are within tae jurisdiction of or the police power. But so long as their man mr- ufacture, purchase or sale or their use as a oeverage in any form or by any person are r- recognized. they belong to commerce, and ol are without the domain of the police power. ne rhe act of 1897, like the act of 1593, is con deamed on these principles. Neither of them are within exercise of the police power. sy Bit whilst it is true that some of the dis e criminating features are now removed from ad the dispensary, teatures admitted to be fatal en to its constitutionality, one at least still re - mains. The markets of this State are closed to the producers in other States. (Minne. sota vs. Barber, 136 U. S., o26.) They are ti closed, it is true, to the producers in this State. But the latter may be under the con on trol of the laws of commerce with the State. by foe former are protected by the interstate commerce law. It is no justification that at laws in contlict with interstate commerce er press equally on the citizen and the strang. he er. ()linnesota vs. Barber.) A resident of the State may under the he present dispensary law send his orders to he a producer outside of the State for liquors for his own personal use and consumption, i and a limited importation within a restrict ' edperiod and under an absolute condition on is atlowed such resident. The producer is or Limited to this. He cannot import his goods or into this State in any other way. The con he dition for such importation is this: Any resident who desires to import liquor for his f own personal use and consumption, shall fidrst certify to the chemist of the South Cat' olina college, the quantity and kind ofliquot he wishes to purchase. Stating also that asnch proposed purchaser will forward tc ~es Columbia, Sotuth Carolina, to said chemist, s asample of the liquor. On receipt of the ersample the chemist immediately proceels tc a, test it and if found to be pure and free from ed any poisonous, hurtful or deleterious matter, ehe issues a certificate to that effect, giving on names of proposed consignor and consignee and the quantity and kind of liquor to be b imported, sends it free of expense and post' paid to the consignor, and the liquor can be s, shipped within 60 days after the date of the re certincate, which can be used once only. It will be noted that the use of alcoholic ntliquors as a beverage i. not prohibited. nor he is their importation for personal use forbid he den, provided such beverages are Iree fron e"poisonous, hurtful and deleterious matter,' seother tha~n the alcohol in them. se Teact provides the essential and conclu' sive test on this point, the certificate of the tchemist of the South Carolina college. The to-act also declares all alcoholic liquors, not tested by the chemist of the South Carolina in Coilege and so found to be free "from pot' ry sonous, hurtful and deleterious matters," henecessarily matters other than the alcoholic m ingredients, to be of a detrimental character and their use and consumption to be against ethe morals, good health and safety of the be State. That is to say, without any regard wnatever to their real character, the pres ence or absence of the certinicate is the sole r-test. This can be sustained only on the fact that it is a valid inspection law. ed There can be no doubt that a State can enact laws protecting its citizens in the pur 3:' chase of articles, imported or domestic, frou is purchasing something they did not intend to buy, or adulterated so as to threaten dis' re ease or death. (Plumly v-s. M1assachusetts, hie 1535 U. S., 461.) Bunt it must be alaw whicht Ise protects or at least tends to protect the citi ise zen. it must give him security: if it does not do so absolutely, still it must contribute nt to secure him. 'The mode of inspection in this act is by tsample. Let it be supposed that the samu ht pie has been furnished, has been inspected, .has been approved and that the certiticate ham ebeen sent to the consignor. What sort 01 erasssurance does it give the citizen that thi. rliquor he thereupon receives accords with, ne comes np to or in any wise resembles the. samiple? What protection does it give the citizen from fraud, frcm a failure to send .alquor according to sample? None whatever, It only subjects him to the seizure and for' feiture of his goods, if perchance they should be insepcted. The fraudulent seller is out of reach. Upon what then must the citizen h~ rely? He can only rely upon the business Scharacter, standing and integrity of the person from whom he buys, without any t- regard whatever to the inspection. Tn his so-called inspection, furnishing nc he security to the citizen, cannot thereby be at justified, It can operate only as a restric' t ion upon, hindrance and burden to his he acknowledged right to import for his per' ne sonal use, It is titus an interference with interstate commerce and in itself v'oid. or lngag in 1gler vs. IKansas, 12:. tU. S., i-2d, has some application here: "Ifs t-te purporting to nave been enaced tc a protect the public health, the public morah or the public safety, has no real or sub.etan' 2tial relation to those objects, or is a palp-ibie teinvasion of rights secured by the fundamuen' ttal law, it is the duty of courts so to abridge othem and thereby give etf'ect to the Constitu' he du chi The same mode of inspection by sampi ns would seem to be used in all the hitore by sued. by the State commissioner. 3 stat eyutes, Al. In Scott vs. Donald the supremte eeurt dis -~ cussing a similar featut'e u the act of! Uf say: "To empower a Sta'e chemist to pat: ,upon what the law calls -the alcohlie put' ", ity' of such imnportations by chemical antaly ", ses, can scarcely come within any deuttiot tof a reasonable inspection law. "if thet e CNIE NPG Ol WAl)ED IN BLOOD. t NEGRO RAVIeHER LYNCHED IN UR3ANs. OHIO. C .3ilitia Fires on Mob. Killing Two: Wound. t lng Ten-sherili Flees Town. Fearing t r Being Blown Up. Two men were killed and ten l wounded by a comaany of the Ohio y national guard at Urbana, 0., at 2:30' Friday morning. The soldiers were attempting to save Charles Mitchell. L the colored assailant of Mrs. Eliza Gaumer, from the hands of an infuri- I ated mob, but their efforts were un availing. Mitcheil was taken from 3 the jail at 7::30 Frhiay morning and hanged to a tree in the court yard. Tile dead are: Harvey Bell, Urba na, shot in the head, instantly kiltled: d Upton Baker, farmer, north of Urba na. S Fatally wounded: Wesley Bower, o of Cable, shot in the hip; Seach Wank, Urbana, shot in the groin and leg. Less seriously wounded: Dennis Graney, Urbana, right foot. alight; s Dr. Ciarles Thompson, North Lewis- r burg, head, sligat: S. :. Dea ton, pros- a ecuting attorney, leg, slight; Gus Weiser. Urbana, in the face, painful; r Ray Dickerson, Urbana, shoalder, se rious; John Mcekever, Urbana, right r arm, painfu!; Rani Mc~iure, Urbana, rignt arm, painful. The two previous nights and Thuls day portended the gravest ,danger, a oat no such resaits were anticipated as thoss withia the tive hours from 2:30 to 7:30 Friday. Those rilled by Lne riilitia were spec.a'ors at the scene of excitement. In audiu.n to this list, it is feared tat Mrs. Eliza Ghauaier, wa> Np cri.ntnally assault ed by the negro, will not rec.ver, and several of the iujurel are in a serious coudaioa. There is intense feeling against some of tae o0i iats, and fur tiler complications are apprehended. While tae past tiwo nigtis and days witnessed scenes of la ,les3noss and oloodsned, yet the feeling at no time was so intense us it was .'riday nignt. re. bo.ly of Mitchell was exposed all dlay in a rougha codlin and it intensitied toe Ieelig 'aong tae masses. Tie c:tizens wo were billed were buried Sunday, and their faaeral will tend to Ieep alive the bitter feeling. dev eral of tne wounded are crippled for life. Friday one week ago Mrs. Gaumer 0 was criminally assaulted in daylight l at her home in Uroana, near the court nouse. Mrs. Gaumer was prostrated. She felt tue disgrace and requested her son to announce that she was assault- c ea for robbery. It wasgiven out theft itchell attempted to force ner to sian a check for *500. But as Mrs.. diaumer's condition became more seri ous the facts became known and also that tae negro was affected wishi a loathsome diseasC. Mhicacil was 1r1t" neld for roboery, but on N iednesca ne was arraigned for criminal assaut. Mrs. Gaumer was uaaole to apppear in court anu the hearing was :neid at der houmz. As Matcheii en ter--. uti room, she raised up in bed And ex ,:aimed: "rne brute'-nang rin. dow dare vot face me again, you orute." doon after the identideation on Wednesday there was tali of lynch ing. Crowds surrounded tae jail Lnat night ann the sneriff and local Litia nadl trouble in protecting the prisoner. Tnursdiay a grand jury was impaneled and it soon? returned an in dicialent for criminal assault. Mtucil eli, disguised in a aoldier's uniform, was orougnt Tnursday nignL Iroin janu into couri. lie waived tue reading o01 one indictment, pleaded guity and .as promptly seartenced to 2-J years in ene penitentiary, the uimit bor criani niai assauilL. Tne trial was over before 8 o'clock Lhursday night, when an attempt ,was made to Lage Mtitcnell to Goluta outs on tnle traia a t 10 p. am., 0out Ltat exoivd were about tle court nouse ana jail, and whenl tnle carriage drove up hine cro vd ma~de a rasa Ior tile jan. i'ue military drove tae people back. out tine crowd soon increased in bur) y as well as numnOe, so tiat duertil r McLian and ine troops had aul they could do to hold the jail, and tne trip t~O Golumijus was given .up oef ore the departure of tne last train. It was 1:31) a. mi. wIIen the first at tact was made uon the Jail. Tue soi diers opened nre on tne mob and 2u vou~eys were poured into tne saane img crowd. &wo were Ru~led and ten wounded. The attacaing party retireu, OUt tnle sight of the dead and injurea iniuriated them and tne crowd soon railhed. Tne nal atback on tne jail was made at 7 o clock .bridtay mnorninig.? ihe Iccal company, wnicn (id tac shooting, h-ad been on duty for two uIihts, anld a requLest was neat tO Gov daanneni f r reiaforcemuents. 11e or dered ai comipany from' 6prmzgheid to ene scen~e and the~y arrived Irelore o elocik. M&a r Wmuzon met tnle s.ol aiero anu seat them tcaca to ine depo0, saying that they were no!, v.ani eu ine iucal complanly was also wnn. drawn lioni to- Jaa about tils time Liue .tau, w aL-s - gt- ros ia inum Oers~ at tue Orcas i .ay, seemIs Lile wa opeL, sec-ureu r:.lage sIeuge na~m aier as~d started bor ue jan. The .icL-:an delivered the s and Lt. A. rope was throwni arocunu tue no gro's nec ann he was cragst out. A nen the outer uoor weas reaened tue r; .:ouse sulppeu Out it was socai Ie yiJa.e12, anu tue condtemiuedumea wa.s narried ino the yarai. The re wa. Lilen taroWn over one IALU .ialaon 0. a tree. Mutcheli was letaed up auni al Lead stra tae .2?iJ. itn Lees a was broaen, ahd hna beA~y cr appee i.u te grouunu. rne laCts, as n.-ar as ieaa os arrived at, are as iunows: I W nea the iirst au.:ace was made on : iepJl at 1:o0 am.,nauuz~n memn V muuniLed the rear' sieps aud twlo o1 - inuem useQ nieuie ?ninmera ou int dIuuss. Luc 10C:i muutmj c~npaab ) ,cas unider arms cln te mihsX Witul clierift dcL Un Ctnd nIlS d12toue::. ut~ptain tx. Vb. L:ouatrd s:.eppedu outL ao s, I:m t ari." a~v o he lau Crund nerally oxli that 'nidhi .: ern:a air ay ordre o I er, ., tun. a :not nad a u~adthe.. jan, uana n1 ad opeic:.dine ti t m me na m1uUtjik, asd teat anniai I ..nte Was5 Ieedeu at osce luei coiored leople are gready ex- i9 acre after the lynching Mitchelfs ody was picked up and placed in a ough ccilin, but still left under the ree, where hundreds of people con inued to view it. Meantime crowds f people poured into the city from irrounding towns and viewed ie bloodstained steps of the jail and ae marks of the bullets on the sur ounding houses. Gov. Busbnell arrived at Urbana 'ridey night to investigate the trouble nd especially the action of the troops. itizens asked for protection by troops cr Sheriff McLain, against whose life greats had been freaty made during de afternoon. Sheriff' McLain left irbana at S p. m. en route to Dayton. le escaped by the back door of the ail, and claims that dynamite was eing prepared to blow him up. Mitcell was 23 years old and a otel porter. He bought milk at the airy of Mrs. Gaumer, and knew she ras alone while her children were at ahool. He deliberately studied his pportunity for assaulting her. The Dispensary in the Senate. On last Wednesday Senator Tillman acured the adoption of the following solution by the United States Sen te : "Whereas the Supreme Court of the nited States declared in the case of ,eisy vs. Hardin that no State had the ight to prohibit the sale of liquor ,ithin its own birders in original ackages, upon the ground that it was a interference with interstate com ierce; and "Wnereas, in order to give relief to ae people of Iowa, Congress passed mat is kaown as the Wilson law. Viison law is then 'q ioted.) " Whereas under the authority there i granted the Stale of South Caro na, in December, 1892, passed the ispensary law, under which provis )n is made for the sale of liquor by tate odlizers, under strict restrictions ad rules; anid "Where under this system experi ace has shown the cause of temper ace has been advanced and the good rder and q aiet of the State have oeen rcmoted, mnere being now less than J3 dispensaries in plian of upwards f &00 oarrooms in 1892; and Whereas a Circuit Judge of the irited States Court, by judicial legis hi:on in a recent decision has repeal i ;he Act of Congress above recited, 3ar as South Carolina is concerned, sus requiring the State to reopen a rooms or allow the free and un i-.ited sales of liquor in original a-ltages; therefore, oe it, -R:solved, That the judiciary com i ;tee of the Senate be instructed to )..sider what legislation, if any, is z-iessary to restore to Soutn Carolina le right granted oy the Act of Au uit 8, 1830, to eontrol the sale of al a '.olic liquors witnin its own borders, i its own way, in common with ti.er States of this Union." Ir. Tillman spoke briefly in support f .ne resolution, saying the public to oression tnat the dispensary law 'as a money-making device was erro e sus, and that it had accomplished i-ch good in regulating the liquor -aile. Lm:-. Fauikner of West Virginia felt iat the senate should not be commit :d to tne lengthy preamble reciting ie effect of tie law, etc. Mr. Tillman modified the preamble > as to avoid the term "judicial leg l.ation' in characterizing the recent ecision, and substituting "jadicial iterpretaion." Mr. iioar of Massachusetts, chair tan of the judiciary committee, pro osed a suostitute, omaitting all pre sible and simlny directing the judi ary comnmittee to consider and re ort, by bilt or other wise, what legis ~tion, if any, is necessary to carry at toue statute of 189 relating to >aimerce oet seen the States. Air. Ti'lman accepted the substitute, ad it was agreed to. G rest s rLorm in rex ia. o .ie of the severest wind and rain orms prevailed throighout a good ortion of North Texas that has noen spenenced in many years. Tne 'anat and oats crops are just about .pe for havesting and f ears are ex ressed that tnese crops have been reatly damaged, though as yet it is apossible to esutm.ite Lfne extent of gary done. Ar. F~ort Worth the inul was unusally severe in a por-. on of tne city. some twenty resi ences were oiown from their foua auons or other wise damaged, besides ajary Oeing done to oarns, sheds ann niau store ouldings. The area dam getl in this city is nalf a mile by :J0 ards and the damage 1s estimated at ot less than $15,u00. At Arimgton, 5 mules east of .bort W ortn, a aozen e more nouses were blon otf their locks or unroofed, and a number of ouses on tlie prairie for several miles round the to wn shared a ige fate. he justice of the peace of the pre Liact, 8. A. Lasater, and L. J. Prose 'ere in a tenemna1.t nouse wmicn was iown~ to atoms, Doth men bcing tjad Snurt, the Ioruier, it is feared, fatal r.A (-ruaan Irairie, foar miles east tArnugou, six houses, imcluding ,vo store o.audings were Uiowni from 'leir' IOudauuns~?. and 0idly dama~ged. 'rn incuaand, Weatnieriord, .itasca, aunis, W111jl Poimt, Alckintey, Uran au, Corsican, U'inesville, Lerreil au Other townls witnin a radius of )miles comie reports of heavy wind au terriiio doas? pour of rain, doing Lare or less tdiauage, espe~iaily to the peninig gram? and otn~er growing ops5. At t1enrnie a unard rain aim ind storm Liu e us)ra:Re dauage . Tne Tilan dispensary bill introduc i Iu the dinate aL W asing ton alarch i was irepor1.t iavoraOly k'ri.tay og ie interstate comuaierce comnmitee. ,Jroids:"lua all ferneiited, dis ;kied or omeri intoxreatng sig ars or gamis raasp))rte~l laito aar mate or :?nory or rena:mazg tuerein f or use, aSpu n a or storage tuerein iu;, upo~n arrival withim the ixunus i ad a at or territory, ce suoject to ie U'.eration atu eifect Ol thle iars of ten orate or terruiorv to the came eX :a t: tae samue mainser as tthougtJ ~on uigurs or sq' ids Lad ceen pro acd a &tun osc or ternrtory, and .tas J hA t exemipt tuereirami uy rea La i u Uclug liL'triocel tnlerclila uisisi p-ig-es f or prIate use or Ar wie anLd azca OmeL, saa nave -s:. *.':Lro 0f Lac 1:qmJs or g a Mmatair Oruer~s, of 'wnofn orcr acdan e Ir use :iu th untruat re-venuie laws of oe ie atis or iu ior mn tralsit. . is .:aiiy C: x:.enswa of 'he "orig si pau.e" Lt of l'JU .nown aIs Ue auu 0ial anut lel or no op THE SUGAR SCANDAL. SENATOR TILLMAN PUSHING HIS PROPOSED INVESTIGATION. He Demands a Straight Vote to Test the Sense of the Senate as to an Investigation of the R-cords of Senators. Senator Tillman gave the United States Senate another hour of exciting controversy over the proposed sugar investigation last Thursday. Senator Tillman then came forward with an other phase of the proposed sugar in vestigation, closing with a motion to discharge the committee on contin eent expenses from further considera tion of tb.e resolution recently offered by him ":o in.vestigate the alleged spec u lation in sugar stocks. The motion contemplated an imme diate 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 be gan by presenting a clipping from a lHaverhill (N. H.) newspaper refer ring to the recent speech of ir. Till man and adding a query as to whether the proposed sugar inquiry would be supplemented by an inquiry into the charges of ex-Senator Butler in con nection with Mr. Tillman's adminis tration of the South Carolina dispen sary law. Tne charges against him were stale, Mr. Tillman said. He had met them before and he read an open letter writ ten to the people of South Carolina, characterizing the charges as slanders. ?nis was an attempt to divert atten tion from the sugar scandal, the sena tor declared, but the attempt would fail. He had come from the plough to the governorship of South caroli na, over the prostrate forms of those constituting the old regime,and it had won him many enemies. All the crimes in the decalogue had been charged against him. ie had appeal ed to his people and they had sustain ed him, sending him to the Senate 4f ter a heated canvass in which Mr. Butler had sought to "fly blo w" his (rillman's) character. Now the same old eggs were orought forward. If any man desired to look into his character, then, said Mr. Till man, he courted the fullest inquiry. And any other Senator against whom there was the breath of scandal,should have the charges probed to the bottom and this scandal dispelled. He had made no charges against the Senator from New Jersey (dir. Smith,) he de clared, but had merely submitted the published charges now before the pub lic, and, since the committee had made no reports on the resolution, Mr. Tillman said he would now move rp discharge the committee from fur ther consideration of the resolution. -So that," he added, with rising in flection, "Senators can now put them selves on record as to whether they want these charges investigated." Mr. Tillman dropped into his chair, but was quickly on his feet again. He had, he said, approached the chair man, (Jones of Nevada) of the com mittee on contingent expanses and nad been told by him taat he was ready to report the resolution, but was awaiting the action of the other two members of the committee (Jones of Arkansas and Gallinger of New ?Iampshire.) Mr. Gallinger then secured recogni tion for a statement of the attitude of the committee, he being tne senior member in the absence of the chair man, Mr. Jones of Ndvada. "Every Lnan in public life feels the sting of false charges," he said, ''and must the Senate pause every time such accusa tions are brought to spend its tint and the money of the United States ia pursuing these chlarges. If tais is to oe the case, then there would never be a tariff bill nor any other bill." Mr. Vest suggested that there was a precedent for ignoring charges against thre psrsonal character of a Senator. ie referred to the attitude of Senator snlurmond when an investigation was proposed against one of his associates. tie nad held that the courts were open for private redr'ess,and that it was not 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 the Senate to put aside its public busi ness to attend to tne private charac ter of Senators. Mr. Tillman was again on his feet. rhe newspapers were trying to make a tire in his rear, ne said, while he was engaged in a fire in lront, His resolution simply sought to deter mine wnether tne linance committee was the creature of the sugar trust, whether senators were the " tools and paid agents of the sugar truist," or wfletnler they were here performing their duties as honoraoie me~n. Mr. Utallinger proczeeding, said the people of esan sdnator's btate must pass u pon his cnaracter. Tne people of djuta Garolmaa had passed on the character of tne senator from South Carolina, and that was sudicient via dication without an appeal to the sen 'Can Senator Airichi and the com mittee dieny a hearing,'' queried Mr. Luimuan, "- When the paper Lazinlg the charge utfered to appear and prove the cnarge?' Mr. Gallinger said this investigation of charges '"ignt go on indednitely. Suppose another paper made another charge. Miust the senate start an in gestigation of ine enarge and then suppose other enarges were made. .unt furt ner invyes tigations be started. N-as that tue kmhd ot business the senate must earoara troon instead of at tending to pressing legislation. Mr. ruimaa was stiii standing at nis desk, and hurled back the answer: - -lI these charges are fase, then it is time to stop tae lies spread before the puulic, this slander of ink, and to punish the men gu.lty of the false aood; and until you do so you stand convieted oefore the Anerican peo oie.' ' ihe time~ had not arrived, Mr. G-al liuger proceeded calarly, wuen the Aerican press was to be muzzled in ;ne manner suggested by the senator fromr sout ir arolina. Tne era of the opanisa inquisition nad gone b r, and tne men of the press, zeal~us in their duities, were not to be dealt with by saca m-:thnods. ?r. Gallinger closed with an earnest protest against "rai;roading" the reeo iation~ ot f the cjommattee in deli ance cof precedent and the us-ual cour to prevailing. - I desu~e to call your attentbn.7 again interjected Mr. flaan, "to the tnet that y'ou.- side i; raiilroading tarougn a tariti bili, and as soon as t is passed you prpse to adjaurn, so that if there is to Da~ any sugar investi aian it is time to bogin:: it at once." Mr. Gallinger was led into further reply. He referred to the futility of investigations and the humiliation to which senators were subjected in be ing broight before the former sugar investigation. He again protested against action which would degrade the committee having charge of the 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 the chairman of the committee (Jones of Nevada) that be was reedy at any time to report the resolution -back. Mr. Gallinger said such an assertion could not be correct, as the commit tee 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. Till man. Here Mr. Jones of Arkansas, the other member of the committee, arose and in positive tones declared: "Ihe chairman could not have made such a statement, as it was not so." "But he did make it," again assert ed Mr. Tillman. "Then let him make it here," de manded Mr. Jones. The senators were facing each other, and the exchange was direct ana per sonal. Mr. Tillman said he had seen that the Republican senators had "caucussed at a dinner, and had decid en not to support this investigation. Was this an'other lie? Democratic senators, also, were said to be opposed to investigation, "But,'' he added, turning to associates, "if there is ras cality we ought to kno m it. It lays with you, by your votes to be relieved of the charges before the American people." Mr. Jones of Arkansas, of the com mittee gave assurance that the resolu tion vond be reported in due time un less taken away from the committee. "But aside from this," proceeded 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 surpressed laughter at this quatifica tion. Here Mr. Hoar of Massachusetts de manded a vote on the motion aaid Mr. Gallinger moved to lay the motion on the table. Mr. Tillman again arose. In view of the fact that two members of the committee had given assurance that the resolution would be reported, be would, ne said, withdraw the mo tion so that senators could vote on the main question, when presented with out complications as to committee pro cedure. This closed the incident and the 'tariff bill was taken up. Fire at the Asylum. The laundry building at the hospital for the insane was gutted by fire this morning. In the northwest corner of the building 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 en gines, and when they arrived the fire had gained good headway. The fire was c:naed to the building, which, with its contents, were destroyed. The loss will foot up several thousand dol lars, and is covered by insurance. The patients were greatly excited by the dra and noise. A serious riot seemed imminent for awhile. Chief May was interfered with by a negro employed by the hospital, when Onief May pusheli the negro aside, the negro cursed him and struck him on the face Sith a brick and several others com menced shying bricks at him. A po lioaman arrested tire negro, clapped iandeuffs 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 oy the firemen and they were bitter against the man who struck him. Dr. Babcock succeeded in q'uieting mat ters. He secured the release of the negro, promising to deliver hima to the officers of the law whenever he was wanted. Then the boys put their whole attention to fighting fire. Seri ous charges will be preferred against the negro. After the fire, Abraham MIoore and William Mack, both col ored, were both arrested for participa ting in the 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 CO-xmissioner Vance Wednesday telegraphed the in ternal revenue department at Wash ington inquiring what were consider ed -'original packages" within the meaning of the Wilson law. He re .ceived the following reply: - "A11 packages containing distilled spirits required to be marked, brand ed and stamped under internal reve aue laws are regarded as original packages. G. W. WILSON, "Acting Commissioner" That appears to settle the matter. If private parties wisti to sell half pints, pints, quarts or gallons, each half pint, pint, quart or gallon must be imiported in a sepirate branded and stamped package. Of course there gill be no profit in that business. Colambia Record. Made Tiliman No Promise. Senator Jones, of Nevada, chairman of the senate committee on contingent expeases, returned to Washington Friday. Referring to the Tillman resolution t> investigate the reports that senators n-ave speculated in sugar stocks, he said that the comnmittee would take the question up in good time, but that so far as he was con cerned he would not be hurried into reporting upon a naatter of so much importance as is th~is. He declined to discuss Searr Tillman's reference to their interview over the question of reporting the resolution beyond say-' ing when Mr. Tillnan camne to see un, he had simply told him that he woull take it up witn his c;>leagues of the committee as soon as he could get them together as he nad not prior to that time been aoie to do. The sen ator contends that tmere has been no undue delay and thus there will ho Stnne'd lby an Electric Wire. A speci i dispatch fromn Anderson to the 1iub a State says the electric wir. was oroksa on Mc~atle street. jaRe. S. U. B:own got into it in I e dara: ani was badly ourned. R. K. L1a, an employe of the power co~noany, was near by and ran to his &eief, bu: he also got hold of a live w.:re and was throva on his back. His cries brought C. 8. Salliivan to his assisitance, wno threw a rope to him and taus nulled him out. Hie was also j everely barad. STATE WILL COMPETE FOR THE .:UUOR BUSINESS IN SOUTH CAROLINA. Seems to be the Plan-Constabulary Will Likely be Abolished-What Attorney General Says-Board of Control. Of course nothing else is being talk ed of in official, political and other circles at the State capital just at pres ent, but the decision of Judge Simon ton in the matter of the dispensary law. Everybody hereabouts is specu lating as to what course the State will pursue. Tuesday the State officials seemed to have somewhat recovered from the first severe shock and ap peared to have considered the situation calmly overnight. They were there fore in somewhat 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 decis ion will be made, but it is extremely unlikely that any effort will be made towards having the judge vacate his order of injunctiou pending that ap peal. Judge Simonton could hardly be expected to grant such a request inasmuch as his decision is so sweep ing in its character ant. so unqualified in its terms. In the meantime it seems to be the general purpose to continue the operation of tne dispensaries, put ting down the prices of the liquor to the lowest possible figure and enter ing the field of competition with the whiskey houses outside the State who can only ship in original packages.for sale. It is contended that the dispen sary can meet all competition success fully 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 under stood, 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 is sued instructions to all the constables to cease all seizures and ordered the chief constables to report in Colum bia Wednesday for council with him. In lieu of the constabulary, it is said, the several cities of the State will be notified that they will be expected to instruct their police forces to look out for all sales of liquors in other than original pack ages. 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 dispen sary will have an advantage over all competitors in that it will be able to purchase whiskey in bulk and bottle it, while all others will be obliged to make their purchases in original pack. ages, being able to sell only in sach. Another contention is that outside parties cannot purchase, say 100 half pints' original packages in one box and sell them separately, but must sell the box and its contents. What there is in either of these positions re mains 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. ]t is held thiat in case the legislature goes to Columbia now it will be to tally unprepared to pasany kind of an act to relieve the situation, and what is more egeh 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 non committal Tuesday. He seemed to have made up his mind, having re covered from the shock of the preced ing day. He stated to a representative of The State that Wednesday he would make a brief statement covering the attitude of the State in regard to the present situation. Governor Ellerbe has conferred with the members of his cabinet and with the attorney genera] and has also con ferred with the members of the State board of control. Attorney General Barber returned to the city Tuesday at 1 o'clock. He was seen shortly after wards by several representatives of the press to whom he made the following statement: 'I don't know what course the gov rnor will pursue. So far as the lega spect of the case is conoerned, yo u may say that this office has not deter mined at this early hour after the ren dition of the jadgment just what steps will be taken. This is a temporary order of injunction and under the United States statute an appeal from it may be taken to the circuit court of ppeals. Tnis course may be adopted. In the meantime the answer of the defendants will be filed on or before next Monday as required by tbe sub poena and if a final order can be had at a sufficiently early date it is possi ble that we may wait for that and if it is against us take an appeal from it directly to the supreme court of the United States. In any event it seems to me that the question involved will finally have to oe decided by the su preme court."' '"How about the running of the dis pensary and the sales of liquor in the meantime ?' " Well, as to the running of the dis pensary that is for the State board of control to say, and as to the seizure of ligaors taat is a matter for the gov ernor, but of course I presume his ex cellency will strictly obey the order of the court. And I have never ad vised the disregarding of any jadg ment and would not advise any such thinlg in this case." Mir. Barber, continuing, said that he could only speak of tne legal as pect of the situation. The State dis pensary is going ahaead shipping out arge orders of liquors. Damocratic Gain in missouri. Returns from the first Missouai con ressional district indicate that Lloyd Dm.) is elected over Clark (Rep.) by a plurality of 5,000. The total vote ast was about 80 per cent, of that cast last Navemiber. Lloyd carried aannibal, Clark's home, by 241 plu rality, a Democratic gain of 206 over te November election. His First vote. Senator Mcbaurin's first vote in the Senate was mn favor of the Democrat ic amendment to reduce the duties on accery ware from 60 and 55 cents to 33 and 35 c mts. His votes today sho w that he is not a protectionist, al thougn he favors protection to raw material as a means of relief to the farmers and producers.