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WEDNESDAY, MAY 15, 1895. The Dispensary Killed. Judge Simonton Renders a Decision That Strikes the State Monopoly in the Vitals. In Conflict With the Inter State Commerce Law. Liquor May he Ordered in Any Quantity. The dispensary, law bas been struck io its weakest point, and the blow deal': it by Judge Simootoo will undoubtedly cacee the law to be entirely remodeled or abandoned. Fron the first it bas been claimed that the law was io con? flict with the inter-state commerce law and that it would not be able to stand the test if brought before the courts. This opinion has been sustained. A citizen of South Carolina can no longer he debarred from ordering liquor fr oe other States for bis own use. At one blow the tyrannical and oppressive con? stabulary system of search and siezore has been struck down, and the right of drinking what one pleases and boying it from whom one wills is restored to the people. Judge 'Simoctou's decision was as follows : James Donald vs. J. M. Scott, M. T. Holley, Sr., et al. This is a bill against the defendants, j State constables of the State of South Carolina. The bill states that complainant who is a citizen of the United States, and of the State of South Carolina, was the owner of certain packages of alcoholic liquor, to wit : One barrel of Rochester Beer, made in the State New York, and shipped to him by ocean and land routes to the city of Charleston, his place of residence. One package of Pickwick Club Whiskey, containg six quart bottles purchased in Baltimore, in the State of Maryland, and shipped to bim by steamer and railroad to Char? leston, South Carolina, his residence, and one case of domestic California claret, containing one dozen quart bottles, shipped to him from the place of purchase, Savannah in the State of Georgia, to Charleston by rail. That these packages contained liquors for his own personal use and consumption, and cot for sale in any way. That none of them contained any product of the State of South Carolina, but their con? tents were products of other States of the Union. That each package was openly marked in his name. That upon the arrival of each of the said packages at Charleston, its destination, it was forcibly seized by the defendant?, chiming to act as State constables, and t?ben and carried by them by pretense j of authority of the act of the General j Assembly of South Carolina, approved I 2d January, 1895, commonly known j as the dispensary law. That before the j arrival of each shipment the complain- j ant Lad given notice to the defendants of his intention to import the same for j his owD personal uso from points with- ; out this State, and that the defendants, j when they made their several seizures, ! had knowledge of all the facts connect ed with the importation, shipment and proposed use of the packages. That upon each seizur. and after demand j and refusal, he brought his action for the unlawful trespass on his rights by the defendants, and that notwithstand? ing this, they persist therein, and man? ifestly propose to drive him to a multi? plicity of suits. That he had no ade? quate remedy at law, for these repeated violations ot his rights, as defendants are notoriously insolvent, and pecunia? rily irresponsible. He avers that so j much of the dispensary law as is set up j io justification of these acts of the | defendants, in preventing him from im- ! porting, for hts own use and coosump- : lion, alcoholic liquors, the products of other States, into this State, violates the interstate ecsitnerce law, as estab- ! lished by the Constitution and laws of the United States, and is null aod void. ! His bill filed as wei! ia his own behalf, j as in that of other citizens of this State in like plight with himself, prays an io- j junction against the defendants, forbid- \ ding them to continue their unlawful j search and seizure of packages import- j ed as these were. Upon filing the bill a rule was issued requiring the defendants to appear and show cause why an injunction should not be issued as prayed for ic the bill. The defendants have appeared, and j have filed their return. After denying the jurisdiction of the ; court, because this suit ie in fact one against the State, and because it pre- j sents no question arising under the Constitution and laws of ?he United States, and because the allegations of the bill show no ground of equity ju-; risdiction, they answer io detail the allegations of the bill excusing and justifying their conduct in the premises under the previous of the dispensary law. j The argunte?ts at the hearing OD j both sides have been able and ezhaus- j tive. The time at the oommand of the court forbids for the present any exten? ded discussion, of the important points raised and elab?ratela ji?nn?Fpd. Tc is must h?rM0*^i^S^? ffatare" oooajos. -? t amMB-m- "?? -naaaca Conclusions only eau at this time giveo. It is not a suit against the S:a?e South Carolina, nor is abe in any v? a party thereto. Certain persons ch to act in the name of the State, basi their claim on the dispensary 1: Their justification depends on the v? dity of that law, and if it or that p of it which authorizes them to seize s carry away the property of the co plaioaot under the circumstance? cha ed io the bill be io conflict with the C< stttctioo of the U?ited States or a law made tbereuoder, it ?9 cull a void, is as if it never existed, aod tb are left without justification. The questions made io the bill : Federal questions. Are the acts co plained of io violation of the Coostil tico of the Uoited States or of aoy 1: passed thereunder ? Thi8 court, sitting io equity, has j diction over the matters stated in t bill, to prevent a multiplicity of sui and because the complainant has plain, adequate or complete remedy law. We come then to the all importa question OD the merits of the bill. Is the provision of the dispensa law, which forbids a citizen of the Sts himself to import for his owo use frc the other States alcoholic liquors STJ taioabie under the act of Congress coi mooly known as the Wilson bill ?" is, if these provisions of the dispensa law are the lawful exercise of the poli power of the State. The dispensary law nowhere declar that the use and consumption of ale bolic liquors io themselves are injurio to the morals, good health and safety the State, or of her people. Oo tl contrary the dispensary law makes tl most ample provision for the pureba of alcolholic liquors io this State, ar elsewhere, for their distribatioo io coi veoient packages within the reach nearly every person throughout all po tions of the State for use and coosum] tioo by the people of the State, aod i every way it encourages such use ar consumption. Even io localities i which the majority of the iohabitan refuse to have a dispensary, provisio is made for the procurement of alcohol lie liquor by those persons withia tb locality who desire to use it. Alcohol liquor is declared to be contraband ao against morals, good health and safet of the State, only wheo it is not impor ed by the dispeoser, or is not in hi hands, or io the hands of some one wit &?8 permission. Alcoholic liquors in ported into this State aod declared cou traband, and so subject to seizure, jas as soon as they are seized and passe into the hands of the dispenser, los their injurious qualities, are put int the channels of distribution aod are soli to the people of the State for their ut? and consumption It is not necessary to go ioto a min ute and detailed examination of all tb provisions of the dispensary law, nor t determine whether all these provision are, or are not io the exercise of thi police power. It is sufficient for t h ? purpose of this case to say that io so fa as the dispensary law forbids a citizet to purchase in other States, and to im port into this State acloholic liquors foi bis own use and consumption, the pro ducts of other States, it discriminates against the products of other States Such discrimination cannot be made under the guise of the police power Walling v*. Michigan, 116 U. S., 446 cited and approved in Piubley vs Massachusetts. 155 U. S., 57J. Ern? est vs. Missouri 156 U. S., 2SR And further in so far as this act permits the chief dispenser to purchase in otbet States alcoholic liquors and to import them into this State for the purpose ol selling them, for use and consumption, at retail with the State, and forbids all other persoos from so purchasing and importing for their individual use and consumption, it discriminates against all other citizens of the State. It also makes a discrimination against all per? sons io the trade io other States who are not patronized by the State dispen? ser, forbidding them to seek customer within the State, aod to enjoy a com? mercial intercourse secured to others tn this State. These conclusions rest on this dis crimination. If it did not exist, and if all alcoholic liquors were excluded from the Stale, or it all persons were for? bidden to import alcoholic liquors, or if the laws of South Carolina had de? clared that all alcoholic liquors were of such poisonous and detrimental char? acter; and that their use and consump? tion a3 a beverage were against the morals, good health and safety of the State, other aud different questions would arise. Let an injunction issue as prayed for io the bill. The order issued is as complete as could be devised. It includes every? body, and all persons are forbidden to interfere with liquor which is imported into the State. United ?tates of America, district of South Carolina, Circuit Court-Fourth Circuit. James Donald, on his own behalf and oOjbehalf of all other persoos in the State of South Carolina, as importers for their own use, and consumers of wines, ales, beers and spirituous li? quors, the products of other States and foreign countries, complainant against J. M. Scott, Nf. T. Holley. Sr.. E. C. Beach and K. M. Gard ner, claiming to act as constables for the State of South Carolina, et al. defendants. On hearing and filing return of the defendants herein to the rule to show cause hereio, dated and filed the first day of May, 1695, why an injunction .hoolt^w^jstte^ea^ aaa--an--- mai -ra-E-B : a-i prayed in the l ill of coinplainmt til? ed in this cuurt on the 25th dav of Apnl, 1>95, and opon motion of Bry? an & Bryan, eouo>el for complainant, , and upon hearing J K. P Bryan, I counsel for the complainant, and W. ? A. Barber, Attorney General of South Carolina, counsel for the defendants, j and upon due consideration thereof it ! is now. Ordered, adjudged and decreed that a writ of injunction be awarded aod do issue out of this court, commanding, enjoining and restraining the defend? ants, M. T. Holley, Sr., as chief" con? stable of the State of South Carolina, > and ali otber State constables of the i State of South Carolina, aod officers 1 and other persons acting under him, ! and their successors in office, and also the defendants, J. M. Scott, R. M. Gardner and E. C. Beach and all other State constables of the State of South Carolina aod all county sheriffs and their deputies and all municipal officers chiefs of police and policemen, and all other officers of the State of South Carolina, or of any oounty, city or towD of the said State of South Carolioa aod all persons whomsoever acting or claim iog to act under the authority of the ' act of the Geoeral Assembly of the State of South Carolina, approved Jan? uary 2, 1895, or under any warrant is? sued by or under authority thereof from seizing or attempting to seize io traosit or otherwise, both before and after ar? rival in the State of "outh Carolioa, and at aoy place in the State of South Carolina, and from taking, carryiog away or confiscating any pack? ages whatsoever of ales, wioes, beers or spirituous liquors, or any in? toxicating liquors, the product of any other State or foreign country, import? ed into, or brought into the State of South Carolina by aoy means of trans? portation whatsoever, by the complain? ant James Donald, or any other- persoo whomsoever, for his OWD use and con? sumption, and from entering forcibly or searching or attempting to search the premises or dwelling of the complaio ant, James Donald, or airy other per? soo in the ?tate of South Carolina, or aDy railroad depot, railroad car or steamboat, or sailing vessel, or other vehicle of interstate commerce or any vehicle whatsoever within this State for such intoxicating liquors a3 afore? said imported or brought into this State for his use or consumption or from hin? dering aod preventing by any means whatsoever the complainant, James Donald, or aoy other person in the State of South Carolina as importer and con? sumer of the ales, beers, wines aod spir? ituous liquors of other States and for? eign countries from importing, holding, possessing, using and consuming the said intoxicating liquors as aforesaid, so imported for bis use and consump? tion. CHARLES H. SIMONTOS, Circuit Judge. May 8th, 1895. State Militia Encampment. Adjudant General Watts says that he is arranging to have an encampment of the entire State militia during the com? ing summer, and that he intends for the encampment to continue for teD days. He says that he will order it held at the place whieh'offers the .best induce? ments io the way of financial aid in the matter of the expenses of the encamp? ment General Watts is looking to? wards Columbia. Spartanburg, Green? ville and several otber cities in this connection. He sajs there will be from 1,500, to 2,000 troops to go into the encampment. Agreeably Surprised. "I had a very severe cold on my lungs that caused much soreness and gave me con? siderable uneasiness in regard to the result." says Mr. T. E. bmitb, of Billenca, Mass . "A local druggist cai'ed ray attention to Chamberlain's Cough Rem?dy. and on hts recommendation I gave the remedy a careful trial. The result surprised me; I recovered entirely in three days." 25 and 50 cent bot? tles ter sale by Dr. A J. China. Druggist. Say ! You ?-Keeper ! Send for a free sample copy of Root's handsomely illustrated 36-p*ge, Gleanings in Bee-Culture, Semi-Montbiv, (Si.00 a year) and bis 52-pages illus, catalog of Bee Keeper's Supplies free for your name and address on a postal. His A B C of Bee Culture, 400 double-column pp price $1-25, is jost the book for you. Mention this paper. Address A. I. Root, the Bee-Man, Medina, O. Thousands o? Women: ! SUFFER UNTOLD MISERIES. | BRADFIELD'S j FETTLE ! REGULATOR, ACTS AS A SPECIFIC 'By Arousing to Healthy Action all her Organs.* I It causes health to bloom, and, > joy to reign throughout the frame. It Never Failsto^Regulate ... > "My wife has been under treatment of lend , lnji physicians t.'ire?? >?-:irs. without benefit.< . AfterU8lntf throe bottles ?>f BUADFIELD'S, FEMALE REGULATOR she eua do her own, 'cooking, milklm; ami washine.*' 1 N.S. BRYAN. 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