Scott v. Donald

OCTOBER TERM, 1896. Syllabus. . SCOTT v DONALD. SCOTT v. DONALD. GARDNER v. DONALD.

ERROR TO CIRCUIT COURT OF THE THE UNITED STATES EOR THE OF

DISTRICT SOUTH CAROLINA. 413. October 1896. January 411, 412, Nos. Argued 21, 22. Decided 18, brought against is Vliere'a-suit defendants who claim to act as officers of a State and color of an unconstitutional statute commit acts of injury wrong property plaintiff, and of tlio money to recover property unlawfully in by their hands taken them in behalf compensation damages, or for such suit an action meaning State within Eleventh Amendment to the Constitution of the United States. question Although jurisdiction of the court below has not been certified to this court the manner the fifth section of the 3, judiciary 1891,yet, act of March as.the is before case a case in of a the law State is claimed to be in contravention of the Consti tution of the United States under another clause of that statute it has jurisdiction questions entire case and of all in it. involved compensation Damages are which the injury done; awards for an exemplary damages allowable, and loss, excess of the actual where motive, aggravated by .malice, a tort evil actual deliberate violence oppression. intentional, repeated The and malicious interference the defendants with personal rights privileges the exercise of plaintiffs and secured to the States, the Constitution of the alleged United complaint, con- injury wrong subject compensation stitutes not the a mere standard, money fairly but the doctrine . within of the cases wherein ex- emplary damages allowed, have been allegations as those of the com- plaints, though answers, denied in the have been sustained. “ January 2, statute Carolina of South entitled an act to further to, declare the law reference use, regulate sale, further con- sumption, transportation disposition liquids of alcoholic Caroliná, within same,” the State of police South recognizes made, wines as lawfully commodities which bought n sold, which must therefore be foreign deemed to be the obstruction, commerce, and interstate and is an to and interference commerce, must, provisions as to those of its which affect the plaintiffs, stand condemned. |That inspection law, is not an scope statute and is not within the of the act , 8, 1890, August c. 728. v. DONALD.

SCOTT 59- of the Case. Statement act which direct that so-called contraband those Whether constable, m'ay by any liqnors warrant sheriff or seized without arrival, possession policeman, after in transit or of a while whether express private person, carrier, depot agent, agent common which imprisonment liquors carrying fine and for common carriers to cask, package, jug, package, box or in other than trade, proper bring- name or brand known the forbid the the alleged by seizing . damages ing of suit to arise detention of inspection valid, liquors an in is not would law otherwise be:lawful " , decided. . concerned, damages recovered far as these actions are the were for acts So authority 1895, alleged of under the of the and cannot be committed act 1896, by subsequent affected the act of even inva- iJLthe — thereby a matter no lidities' former act were remedied on which expressed. opinion is for the District of the United States Ik the Circuit Court at suits law two were 1895, in of South Carolina, February, Scott,.and M. one Donald J. by James against brought.by to re- wherein etc., Donald Gardner plaintiff sought the who the action of defendants, cover caused damages by in seiz- wpre Carolina, the of South State state constables of wines several packages liquors ing away carrying seizure, the in the time'of at and, the belonging plaintiffs, carriers which'as the of railroad common companies possession within the had State. brought packages of a case It that one of consisting appeared packages, Savannah, came rail wine, of domestic from by California ; been by it had plaintiff whither imported Georgia, in made bottles,, another, whiskey, ca§e consisting Balti- way by plaintiff Maryland, imported by of one another, more line; Steam Packet consisting New Rochester, York, at beer, barrel of bottled made of South Carolina into the State .by imported plaintiff line. of the Old Dominion Steamship way were declarations complaints Demurrers to the several issues fact were and overruled. Thereupon interposed waived, the causes trial and, duly having-been joined, jury in find- and resulted court, were tried and determined in favor plaintiff for. ings judgments in each case, hundred dollars costs snn of three respec- TERM, 1896. to O n Argument for Plaintiffs Error. error, Writs of from this court were-then

tively. sued out and allowed. of, Barber,

Mr. William A. General Attorney State Carolina, South error. plaintiffs error, I. state constables, were plaintiffs author- ized the act known as law generally dispensary 32, seize seized. See sections 1 and 29, 33, II. The act of South Carolina is the dispensary lawful exercise of the State and is police power conflict with Article 9 of the Constitution of the United States in so far as citizens State within prohibits importing alcoholic their own use and consumption. whether The sole so much -the question dispensary of South Carolina as prohibits importation alcoholic from other States for use was enacted in personal exercise the of of the legitimate police State; and, if power is above so, it the Constitution and acts of and no Congress, Federal is presented. question

This leads to the What is the inquiry, of a police power ? State said, This honorable court has the cannot police power defined; and, without a accurately definition, attempting it is say I would' attribute of great sovereignty in its is arid State justified self-protection self-preservation; and if the use the necessary means for the implies protec- the tion correlative of the reciprocal rights sovereign and the citizen. The measure present a sov- power State the full measure its before it ereign rights joined federation, so far as of the Fed- except or its own Constitution have modified it. We people eral that the know State the Union gave up regu: right commerce, late tax declare war, imports, proclaim emit peace, credit, bills of coin officé. But it .money operate post those based fundamental up gave no-right principles not. down the Federal laid which are neces- Constitution/'and itself, com- necessary sary, protection safety, v. DONALD.

SCOTT 61 in Error.' Argument for Plaintiffs and- necessary' of society, fort and well-being protection evils pauperism citizens intemperance, of its the reserved among powers crime. power police ’ (cid:127) State. n New York v. Miln, 11 Pet. see For the of this court views Stone v. .27; 113 U.-S. 102; Barloier v. Connolly, Mississippi, Chris- v. Rahrer, 545; ,Crowley re. 140 U. S. In 108 U. S. 814; Bouse oases, 16 Wall. 36; tensen, Slaughter 86'; Ü. S. Kansas, 112 IT. S. Foster v. Iowa, 129; v. Bartemeyer Wall. cases, in these laid down In view principles act is a meas- there can be no doubt that dispensary police was held that a state Iowa v. it law. pro- ure. In Bartemeyer was sale the manufacture intoxicating liquors hibiting' In Foster v. Kansas, to the' Constitution. repugnant doctrine was repeated. & Northwestern Chicago of Bowman v.

In the case 1887, that a law of Iowa for- held it was. 465, 125 U. S. Railway, from .other States in- into the bringing bidding therein certificate, as required, without á. toxicating liquors and was States, commerce -among was regulation such statute not Constitution, ant to void as being, repugn or a law, or a sanitary' an law, quarantine inspection being exercise of not a police measure, legitimate therefore of the State. power Bardin, 135 U. S. Leisy

Then came the decision had right held that in which party into liquor Acts to Interstate Commerce import intoxicating sell the imported had the right and the importer original as it remained in the State so long liquor package. 1890.

. act of of the induced the This case passage of that act’ was re Rahrer, In In constitutionality the court. it but was sustained assailed, by has it now, by Congress act is the That' act controlling State, within that the arrival liquors upon State, of the to the power become police -subject as manner liquors though extent and the same same the State. had been by produced TERM, 1896.'

Argument for Plaintiffs in Error. act did not add to While this police power State, will of it did that a expression. State give Congress commerce, control as articles of intoxicating could liquors no- arrival where State, matter manufactured upon where thus or from Congress imported, relinquished any (cid:127) this which had been article, as to conferred power of. the United its States,, arrival in (cid:127)Constitution (cid:127) State. . . , this cáse But it contended that the law is dispensary Acts, contravention Interstate Commerce because discriminates other it States and against products n citizens (cid:127)< of other States : .it 1. allows In to sell dispensaries intoxicating liquor/ from other citizens not while States are allowed to it send for sale : into the State In discriminates against intoxicating liquors, States, other their introduction into

product prohibiting for sale or use. State act does authorize the sale of ales, . wines and liquors and does' all citizens of State, prohibit State, citizens,of well from States, other them into the bringing or use. for sale (cid:127)State

The act does The commissioner for the allow State to buy outside the and does other prohibit from persons them into the State. bringing buying that' we maintain But this’is exercise of the legitimate and does not' in power, police way. commerce regulate States, and is hot between a discrimination against prod- or citizens of other ucts It ‘States. citizens places and products on an those equal’’footing States. Domestic are alike foreign liquors of the law. While citizens of other States are for- to, bidden sell within this extends prohibition n a,s of this'State well; citizens and.while a citizen pro- from; hibited he likewise importing liquor, prohibited is. within the State any purchasing ana- previously the chemist and sold by the lyzed officers of proper n n State.' v.

SCOTT DONALD. 63 Argument Plaintiffs Error.' The act affect but it may remotely commerce, does not' interfere with or it discrimination or regulate otherwise. ' y. - 91 Missouri, XI. S: Brown v. 275; Welton. 114 Houston, ;622 v. TJ.-S. 116 U. S. 446 Walling ; Mobile Michigan, County Kimball, 102 v. U. S. 691; v. 8 Parham, Wall. 123 ; Woodruff Machine Co. v. 100 S. v. Gage, 676; tJ. Hinson 8 Lott, .Wall. v. 148; 18 Wall. Beer Barteineyer Iowa,' 129; v. Company Massachusetts, U-.S. 25 Poxoell v. ; 97 U. Pennsylvania, 127 S. v., (cid:127)678; 155 S. Massachusetts, 461; IT. Plumley .Sherlock v. 93 S. 99 ; IT. Hardin; v. 135 S. Ailing, Leisy 100; U. Pittsburg Southern Coal Co. v. dt 156 S. Louisiana, 590; IT. Pittsburg IT, Southern Coal & Co. S. y. Bates, 577; Hennington 163 U. S. Georgia, '299; Western Tel. v.Co. James, .Union' 162 U. S.' 650.

In the of these we submit cases, that thé light dispensary law is exercise of'the legitimate power. police We further submit:

1..-The hot law does discriminate against liquors prod- of other but States, ucts makes in this produced liquors as those to it. State, well imported, subject act tinder the from other States imported their arrival become and if- police power, in the State are the. same foot- manufactured put upon there them on is' no discrimination account of ing against ... extra-state origin'. 2. The law does not discriminate against .citizens other . State .'on an States. Citizens of are--put equality with them. It can s'ell None them intoxicating liquors. is true her do so. none of citizens-can but sells,

3. citizens to dis- law does her buy require, is inhibited from but other' States no citizen from pensaries, so. doing There, is citizens or no discrimination citi- and because States, of other products' such, zens and is to States; object protect products but. It is not safety. health public morals, public public but commerce, intention interstate of- the law to regulate to protect the of the State. people ' TERM,

Argument Error. for'Plaintiffs'in said that while the State'- But sells her liquors.to. introduction, she citizens cannot own prohibit States ground from deleterious upon that .they her for the citizens from and purpose protecting fraud deception. act sold

The requiring all provision and their to be undergo analysis purity dispensaries an. this answers sufficiently objection. certified maintain that denied no complainant Then' we is right, the Constitution or secured‘by laws immunity privilege and no Federal arises in States, the United this question averment bill that a Federal The simple action.- ques- is not sufficient. New Orleans v. New tion presented 142 79; U. S. v. Western Works, Water Hamblin Land Orleans ' U. S. Go., of the as is evident intention The general assembly, detailed of the che scope provisions dispensary general was to act, health, morals protect public public and not burden in- or regulate public peace late Some of the indicate a commerce. cases modi- terstate cases this court of views in earlier fication as expressed to which state enact extent legislatures police regu- conditions, industrial and more lations. Changed development in this have necessitated country thought pro- enlightened of the the solution social power exercise police gressive The act is an exam- and. problems. dispensary governmental in this direction. It is to conceive of legislation ple difficult of the law' enacted in exercise does of any police power interstate affect instance commerce, hot ques- every it- \ tion does affect commerce to extent its is, regulation is not "We act directed com- repeat, dispensary -of merce or but its relates rights, regulations, duties and citizens, incidentally liabilities of only affects the commerce. Such laws have remotely operations we seek to been held valid, uniformly principle the act. uphold officers of State of South Carolina

III. The executive to have as herein anxious complainant are equally v. DONALD. SCOTT Argument Plaintiffs Error. in this cause issues raised finally adjudicated

legal With a view to final honorable court. decision, securing that it to the court as as to well just parties feeling qf method the South that the Caro- present operating litigant understood,' lina should be has dispensary fully suggestion of the court to been'submitted the attention the recent calling South Carolina relative assembly enactment general as a solution of system, dispensary. dispensary in its and the state is yet infancy, liquor question, legis- the act of 1896 endeavored to lature perfect passing of the institution. At the same time in- business details It feature is to materially spection changed. that we invite attention, this alteration re- particularly that the if it deem court, ask its spectfully proper, consider in this the act Janu- respect affecting approved 1895, and the order of 2, case. With- injunction ary out in detail' features of the act, those we submit discussing it as an that, law, inspection following principles': n 1. That in the exercise of the the-States, police power, may not in their laws which are words or inspection express pass a burden interstate discriminat- cpmmerce, operation of other the or citizens and which States, ing against products and citizens of the States them- upon products' operate equally selves and other States. Robbins citizens of. v. products S. 489; T20 U.' Gibbons v. District, Shelby Taxing Ogden, 12 Wheat. Wheat. 419 123; ; 9 Brown v. Maryland, Voight ill léil S. v. IT. S. 59. 62; Kentucky, v. IT. Crutcher Wright, v. 124 Brimmer v. 138 U. S. Rebman, 78; Alabama, Sm.ith 129 IT. S. 114. IT. S. Dent v. West 465; Virginia, Plumley ,155 Massachusetts, v. IT. S. 472. of is the what the

2. That against legislature judge when in the health, State, morals safety public the use it enacts police declaring power exercise conflict it will not with the them, article to of the United States when ninth article the Constitution of other the citizens products discriminates against; Co..y. 95 U. S. v. Husen, 465; Crowley States. Railroad VOL. CLXV —5

66 TEEM, OCTOBEE S. Christensen, 86; U. v. 137 Plumley Massachusetts, 155'U. S.

461.

3. That exercise of'the can police power, enact laws from the protecting people consequences fraud, disease, ignorance, incapacity;, .crime. poverty v. 129 TJ. S. 114; Pent West v. Virginia, Plumley Massachu- TJ, 461; 155 S.' v. setts, Minnesota Bomber, TJ. 313; S. Bebmcm, 138 TJ. S. Brimmer Mr. J. P. Kennedy Bryan defendants error. Shiras delivered the court. Mr. opinion Justice in these records cases of the valid- present question Constitution of the United act of ity, States/ of the State of South. assembly Carolina, general approved 2, 1895, known as the January law, generally dispensary is in copy margin.1 to, An Act to further declare the law in regulate reference and further sale, use, consumption, transportation disposition of alcoholic liquids Carolina; police within State of South and to same. 1.- Be it Representatives enacted the Senate and House Section Carolina, sitting Assembly, now South met and in General same, authority manufacture, sale, That exchange, barter or receipt, acceptance, delivery, storing possession, keeping within any spirituous, malt, vinous, fermented, (whether lager brewed beer) any compoilnd thereof, or rice or other or mixture known, whatever name called or which contains alcohol and is used as any person, beverage by corporation; transportation, removal, firm or the depot taking' place by consignee person, from the or other or other payment express freight firm, of by any person, charges, or'corporation, upon any spirituous, malt, vinous, fermented, association (whether lager, liquor, brewed rice beer) or other or other com- pound’or thereof, by known, mixture whatever name’called or con- which except beverage, provided, tains alcohol and a is used as as is hereinafter hereby prohibited, penalty a of not less (3) than three nor more (12) state’penitentiary, pay than twelve months at hard labor a fine of not less than one dollars nor more than five hundred dol- hundred imprisonment, court, lars or fine and in the discretion of each both liquors, except, bought All such offence: from a when state officer author- v. DONALD. SCOTT Opinion the Court. of is raised A question by preliminary proposition of in fact suits South these and against.the.State Carolina, are the Eleventh Amendment. forbidden by This question same, one, possession or in sell the of ized to declared to he contraband morals, good safety State, health may be found, warrant, wherever without seized turned over the state tq commissioner.. secretary governor, qf comptroller general 2. The State and Sec. provi- carry constitute the state board of control shall ex out the officio clerk, of this act. The state board óf control shall sions elect a shall who com-, pleasure board, during the hold office shall receive as his, salary per pénsation eight a for. his services hundred dollars annum. shall, expiration 3. That the state board of control at the Sec. commissioner, expiration present every years and at term of the two thereafter, commissioner, appoint appointment which shall be submitted approval; to the senate at its session for its next commissioner shall by be believed board of control to be an abstainer from intoxi s cants, shall, may regulation by under such rules as be made control, purchase intoxicating state board of all for lawful sale in persons may designated and furnish the same to such as be dispensers thereof, prescribed to be sold as hereafter in this act. Said com reside,'and place business, city shall have his in the missioner Colum bia, years appointment in this and hold his office from his two appointed until in his stead. He another be shall removal for by qualify cause the state of control. He shall and be board commissioned officers,' salary and shall the same as other state receive an annual dollars, payable twenty-five at the hundred same time and in the same payment of manner as is for the the salaries state officers. book-keeper, shall be He shall be allowed-a who same manner paid dollars; salary hundred and such other twelve assistants as in the opinion may necessary. deemed the board control He shalT'not county dispensers any intoxicating liquors except sell to the or fermented tested'by college ?s have been the chemist of the South Carolina Provided, pure: dec to be board of control shall ired That said have author ity appoint may necessary they such assistants as find to assist the chem required making analyses by college ist of the Carolina South .act; compensation, may .and the said board of fix control such reasonable if may any, proper deem for the services rendered such chemist or deposit such assistants. The state shall all amounts commissioner received dispensers county him from sales to treasurer of the others State under such rules as the state board of control to in be made same, keep faithful sure the return of and- the state treasurer shall fund, separate account with said commissioner draw time, upon .approved duly from time to warrants chairman .said board, expenses necessary pay conducting the amount the. incurred in TERM, 1896.

Opinion Court. to the late case of In re- of by referring sufficiently disposed conclusion of where the numerous 149 U. S. pre Tyler, that where a suit stated to be vious cases was brought regulations governing All rules and the said commissioner in- the business. liquors performance any purchase intoxicating or in the .of of the- office, by law, the same are not shall be of his where duties upon shall, prescribed by entering of control. He before the state board sufficient, treasurer, office, to the of his execute bond the duties penal twenty- sureties, approved by attorney general, in the sum of to be dollars, performance the faithful of the duties of his thousand live liquors by purchases intoxicating com-, made said all or sales of In office. act, missioner, contemplated in the commissioner shall cause a cer liquors every package containing said to be attached to each and tificate place purchase by shipped him him to- from same when seal, county dispensaries, signature certified his official which pur liquors packages state that in said have been certificate shall contained d Carolina, shippe him for sale the State of South be chased within State, State; such certificate under the laws out without State, shipped any package containing shall be out of the which . place place shipped consignee within or delivered railroad, express carriers, by any company or other common or be found' carrier, possession any regarded common shall-be as.contraband confiscation, may be seized and such common without warrant f.or five, Offence, penalty be liable to a hundred carrier shall dollars for each in-any competent said common carrier be recovered court of jurisdiction by complaint, jind proceedings-to summons be instituted any by any lodged solicitor of circuit with evidence be whom officer having violation; per knowledge any or citizen or information of the attaching using authority son certificate-without of the com missioner, any purpose counterfeit securing certificate for. transportation intoxicating out of .or within this law, shall, thereof, punished by violation conviction a fine of in, imprisonment penitentiary not less than five hundred dollars and year not less than one for each offence. printed statement, monthly Sec. Said commissioner shall make a oath, by him, of all enumerating sold the different kinds and quality price paid, kind, payment each and the terms of and to whom sold; parties liquor purchased also the- names of the from whom the places purchase, and their of business and- dates of statement shall be filed with'the state-board of control. shall, any liquors Sec. 5. The state. shipping before commissioner dispensers, except beer, lager put cause the packages same to be into pint gallons^ less one securely than hálf nor more than five seal same, dispenser pack- and it shall for the unlawful break of such open ages the same for reason whatsoever. He shall sell v. DONALD. SCOTT Opinion Court. to act as officers of a who claim Staté, and," defendants

against commit acts statute, of an unconstitutional of under color of the to recover to the plaintiff, and injury property wrong premises: person open Provided, on only, shall the same the (package and no shipped apply in to malt cases or bottles shall not This section barrels; liquors may by shipped county and malt be sold the in such thereof pint; may proper: quantities, dispenser less than one as he see in of not premises: Dispensers-s Provided, drunk on the not be The same shall only daytime, places business and sell such rules of hall control, by county by or may the state board the board of be made with.approval of the state board of control. control appoint duty state, of the board'of control to shall be the It Sec. control, composed county supervisor county of the ex board of Officio by persons addicted the said board not to be to the use believed *two persons appointed liquors. intoxicating shall hold their so two appointed, years, and until their successors are for a term of two office byHhe of control. Said for cause state-board shall be to removal county be conducive to the of control make such rules will board intoxicating liquors respective in their management of' best of the sale Provided, the state All shall be submitted to board counties: such rules county adoption. approved by board of The members of them before the officers, county qualify are other and be commissioned as control shall fees therefor. without peti dispenser by positions county Applications shall be for Sec. 7. county by applicant, board tion, and filed with signed and ^worn application days meeting at is which ten before of control least at name, applicant’s place petition considered, shall state to be which residence, engaged, business he has b’een what 'in business what petition; previous filing that he is citizen of years engaged two adjudged Carolina; he has never been and of South States United liquors, intoxicating not a relating and is .guilty violating the law amusement, place public and that he is keeper or of a restaurant permit beverage. or This intoxicating as-a use of addicted to the applicant shall execute only that the shall issue on condition thereof renewal dollars, penal thousand county of three á bond in the sum to the treasurer truly sureties, that he will well good and sufficient conditioned with force, Carolina, hereafter obey of the now .State South laws fines, penal pay all intoxicating that he will to the sale of relation him, assessed, against damages may or recorded be costs.tliat ties, permit or re for during the term for of such laws violations permit at intoxicating under his granted, is will not sell newal bond shall be conttol. Said price board of other than that fixed may damaged person persons be county any who use of the part obligor of the any on injured violation reason .the during liquors purchased, the term intoxicating or sold relating to TEEM, 1896. OCTOBEE o Opinion Court. in their hands taken them unlawfully money property or for compensation behalf damages, suit an action amendment, within not, meaning, the State. against permit, thereof, granted. or the The said bond shall which said renewal treasurer, deposited county brought and suit thereon shall any person by the fo'r at time solicitor or whose benefit same is thereof, them, violated, given; and in case the conditions shall be principal' severally thereon shall also be and sureties liable Jointly damages, judgments for all civil costs be obtained wife, child, principal brought parent, guardian, civil action em- provision» person moneys ployer or other under the of the law. All other- county go treasury. of such into the collected for breaches Said bond'shall approved by county bond shall be board of control under rules and applicable approval of the officialbonds. laws county dispensers may appointed be one more Sec. 8. There or for county, place designated the of business of each of shall be each whom board, by county give the but the state board consent before more must dispenser appointed county; county than one can be in and the when designates locality dispensary, days’ public a a board notice ten. competent majority given, it shall for a which shall be be of the voters township prevent dispensary in such -is to located to which be its. township by petition petitions, signing to Ideation in such or addressed board, county requesting dispensary be in- that that no established township, whereupon place may county designated. some other be may dispensary in its discretion than in an board locate elsewhere incorporated Horry others, in no the counties of Beaufort and an'd town' except special by general assembly: such as are' authorized act of’ Provided., however, any county, city That or sale of town wherein 1, liquors 1893, prohibited prior may by July alcoholic to secure law 'dispensary following the éstablishment' of a within its borders petition .Upon by qualified signed one fourth of the voters of manner: county, city wishing dispensary being filed town or therein with supervisor council, county respectively, they'shall city town question dispensary dispensary submitting order an election or no qualified- county, city, prescribe to the of such and shall town voters rules, returns, regulations, and noti'ee of such election and shall ballots result; majority and -the and -if a of the ballots cast be found declare dispensary dispensary; declared to be for a then a be established county, Provided, dispensaries may city: be established town or That Williamsburg, and Pickens and Marion and at counties of Seneca incorporated County election on in Oconee towns now without Provided, compliance requirements nothing That the other of this act: prohibit persons to resident in

in this act contained shall be so construed as liquors procuring dispensary from counties shall elect to have no which v. DONALD.

SCOTT Opinion oí the Court. the amounts involved

It is also argued respec- to sufficient to the tive suits were not Circuit give jurisdiction Court. the court question jurisdiction Although been certified us the manner below has not provided by counties, dispensaries county dispensers shipping in other from proper places residence under same labels certificates: nothing Provided, further, repeal in this act That shall construed to be- “ dispensaries opening an act entitled An act allow in Pickens Counties,’’-approved December and Oconee position application dispenser granted, 9. If the Sec. it' applicant oath, shall-not until the shall make arid on issue subscribe before oaths, by to administer shall some officer-authorized which endorsed “ I,-, bond, following: solemnly and tenor to the effect do truly perform (or affirm) singular I and well all and swear will con keep' perform bond, dition of the the trusts within confided in me purchase, keep liquors. sell, intoxicating give and sell I will not any-person liquors any intoxicating furnish to than otherwise law, by especially liquers intoxicating any. I' not sell or.furnish will minor, persons person or becoming intoxicated who are .in the habit of true, intoxicated, county- make full and I accurate returns .will Monday board control on the first of each month of all certificates and me, requests law, required preced during made to or received returns, ing month; every delivery shall and such sale of such show 'during therein, made or me me the month einbraced and the true-signature request every granted;- received and and such returns every person shall all the sold or show delivered to Upon taking filing provided, returned.” said oath and bond as hereinbefore county permit board authorizing of control shall issue to him a him to keep provided, permit- intoxicating every and sell as in this act granted specify building, giving so the street number or loca tion, liquors may same, intoxicating which be sold virtue of the force, length of time in the same shall be in which in no case.e l granted shall exceed twelve months. Permits this act shal b recipients thereof, reposed deemed right, trusts in-the as a not matter of confidence, may upon showing by'order but of be revoked sufficient of county control; upon any the county board of the removal of dis penser, county control, or demand of the' board of he immedi shall ately county turn property over to the board of control all and other possession in belonging county. county his to the State or Said board of charged duty county dispenser control shall be the prosecuting of the any employés may any or of his violate of who the of this act. death, resignation county dispenser -expiration On the or removal of a office, .county appoint of his term of the board shall his successor. county 10. Sec. The board of control shall use as their office’the office county supervisor county, of the of their and shall elect one of their num- TERM, fifth’section, of the act of March 3, the as judiciary 1891, yet, before in a case in which us, the is the law of is a State case in be contravention of the to claimed ^Constitution and another as clerk of the said ber chairman board of county control. part preserve county shall as a .of The board the records and files of their petitions, other.papers, pertaining bonds and to granting office all the permits,.and keep permits of suitable books.in revocation which bonds and county be The shall recorded.- books shall furnished the like other be public county designate provide The of board control shall records.. liquors. place county in to sell The of suitable which members board chairman,- oftener, meet once a month or on of control shall the call of the per and each memhér.of board receive a of shall diem two dollars and. mileagie way, they compensation five each but shall cents not receive for thirty, days any year except county Charleston, in more than one compensation sixty days any not where shall receive for more than County year, fifty days one and in Barnwell more than one shall, year. upon’the control, They approval eiflploy the state board county dispenser may necessary.. dispenser be The assistants compensation shall and .his assistants receive such as the state board profits, expenses may paying county control determine. All after all paid, dispensary, treasury county shall be one and one half to half corporation municipal may located, it -such settlements to Provided, quarterly:. if city, That authorities town dr made control, judgment law, in the of the state board do not enforce this part going city state board withhold the said town and use pay treasury.' county- moneys state or else it into constables turn All county dispenser belonging shall.be the State received forwarded Monday commissioner, each on the state arid at the same time week county dispenser duplicate, shall to the state control a forward board of the remittance so made to the commissioner. On-the statement same state shall day dispenser county county deposit of each week-the with the portion belonging moneys received-by treasurer the of all the him to th e municipal .county dispensary and to authorities in which the- located. receipt county give' shall and hold treasurer his therefor the same quarterly provided until the -hereinbefore is had. The séttlemeirt quarterly settlement herein on the fourth' shall be made Mon day March, December, September year. months June and in each auditor, presence county Such settlement shall be made in the who thereof, shall make a memorandum of items the same and forward mayor city control. The ór intendant of the town board Provided-, dispensary which shall also attend such located settlement: towns, dispensaries incorporated That in cities or counties where than .get profits.that go ali to such cities and th^c.ounty would otherwise towas. liquors' delivering, any intoxicating selling SEc. 11. Before v. DONALD.

SCOTT 73 Opinion of the Court. under another clause we States, have statute,

United of. all the entire case and in involved questions jurisdiction U. States, ; United 143 S. Horner v. Houston Carey it. presented county dispenser, printed request person, the must be ink, date, stating age dated of the true that he or she.is written signer, required, residence the whom whose use it the is the name, required, request quantity and kind his or her true and the shall applicant'in signed by signature, by the his true name and be own attested county dispenser request. clerk or his -receives and flies the the who But request county dispenser filling personally be if shall refused the the person minor, intoxicated, applying is a he is or that’ he is knows excess; using intoxicating liquors applicant an in the habit of or if the personally county dispenser, filing to said before not so said order known liquor, require delivering he shall (cid:127)or said statement of a reliable and habits, him, trustworthy person good personally character and known minor, applicant using that the not a and is not in the habit of intoxicat- ing to excess. liquor Bequests purchase upon shall made blanks fur- Sec. 12. auditor, each, by county packages county one hundred to the nished dispensers, needed, time to time as the same shall be and .shall be consecutively by the numbered auditor. The blanks aforesaid shall fur- control, county by books, nished auditor the state board of in uniform checks, delivery county bank and the date of like shall be endorsed the' receipt preserved book on each auditor taken therefor and in his office. dispenser book, preserve application original shall form except therein, county filing of the blanks Until auditor. returned county return thereof is When made the auditor shall endorse thereon the- return, preserve same, quarterly date Of and file and to be used dispenser county settlements between All treasurer. "unused blanks or mutilated be returned or accounted for. before other blanks .shall dispenser. county issued to dispenser day 13. Sec. On before the tenth of each month each county requests full make returns to the of all filed him and auditors during preceding his clerks to be furnished month blanks purpose, accompany state board of control for that the same an with oath, duly notary public, county taken and subscribed before auditor form, following shall be “I,-,being duly to wit: sworn, requests state on oath that the returned are alt herewith my place permit my that were at received filled of business dur- under of-, 189-; ing .carefully preserved same, the month that I have up, thereon, sign’ed and that filled were and attested at the date shown as-provided by law; requests by delivering quantity that said were filled liquors required, and kind of and that no have been sold.or dis- pensed my permit during except requests month shown returned; faithfully complied I herewith and that have observed TERM, Texas Central 150 U. S. & Railway, 181; Chappell United 160 U. S. 499. States, does not

Our these records us satisfy inspection well founded. The declaration- or is complaint objection my by me, endorsed, bond oath taken and thereon and premises.” my relating all the to duties laws dispenser Upon any to 14. failure make returns to the auditor Sec. required, report duty it shall be the of said to as herein auditor such failure control, to the and the said state board of control shall state.board county delinquent dispenser order the board to summon said immediately appear why permit them before cause his show should not be revoked; if the cause shall not be to the shown satisfaction of the control, county they immediately permit give board shall annul said public thereof; proceed notice the circuit solicitor shall to enforce the penalties prescribed in county, this act for such violation dis- penser succeeding county at the next term of court such held;. dispenser permit any dispose shall who sell or intoxi- amj liquors permit cating shall, upon after Iris shall have been revoked conviction thereof, (500) imprisoned be fined not less than five hundred dollars and be any dispenser purchase If any for six months. or intoxicating his clerk shall liquors person any except commissioner, he, from the state or if or persons they, any person employ, or or or their or his or di- .his rection, any liquors shall sell or offer for sale other than such as have been purchased commissioner, adulterate, the state or shall or cause to be adulterated, any spirituous intoxicating, liquors they or malt which he or may keep act, by mixing for sale under coloring with same matter or whatever, any ingredient drug liquors or shall mix the same with' other quality, water, expose different kind or or with or shall sell or for sale such liquors adulterated, knowing such, so it Change upon to be or shall the label box, any package, guilty bottle or he or shall be of a misdemeanor and in a of hot imprisonment be fined sum less than two hundred dollars or for any county dispenser than six months. misappropriate, less If shall dispose wrongfully any misuse or moneys property otherwise or other State, county, belonging shall, municipality, upon conviction, .or he punished in case of breach of trust with fraudulent intent. firm, person, corporation Sec. association or No manufacture .shall sale, sale, keep exchange, dispense for any barter or fpr contain- alcohol, ing any purpose whatsoever, provided otherwise than is in this person, firm, corporation act. association or Any desiring intending any.liquors containing manufacture or distill alcohol this State shail within first permit do, obtain from-the state .board of control a or license so tó person,-firm, shall be corporation unlawful for association or any liquors manufacture- or distill containing alcohol within this State with- having permit out Any or license. violations of the terms of the permit or product license shall authorize and warrant the seizure of on u DONALD.

SCOTT in each case that has been plaintiff alleges injured in the sum of six thousand dollars and damaged demands that amount. It that, judgment urged the value of and chattels taken was shown goods alleged but place distillery at containing hand where alcohol are manu- Provided, : factured has United States no lien or claim the same. application permit And license manufacture con- alcohol, applicant taining give power, upon shall the State full act, possession any product of this to seize and take on hand violation distillery place applicant where such shall at manufacture such pay government authorize United States tgx upon, unpaid, dispose provided the same if and to thereof as herein for Dispensers goods. ntraband as lierein shall alone be authorized alcohol, liquors dispensé containing permits sell to and and all must be dispensers procured by provided county such as herein from the board of Provided, distilled, control: That the of manufacturers malt or vinous liquors doing are business in the State be who shall allowed to no sell to. person except parties in this the State state commissioner and to outside purchase supplies and the the state commissioner shall his the from product the, brewers and in distillers their when reaches standard Provided, required by supplies -(cid:127) purchased cheaply this act Such cat! be as from such brewers distillers this State as elsewhere: And further, right, hereby That the state commissioner shall he have the empowered, purchase liquors from malt of this and also' breweries this'State, may agents representing breweries outside of who have Every liquor package, them shippe4 in this State. barrel or bottle of such beyond the limits of this State shall have thereon the of certificate same, allowing state commissioner it shall otherwise be liable to confisca- tion, punished carrying and the railroad be shall as in section three: And- wine, 'provided, any person right That shall have make for his or her grapes inspector appointed by use from or own other fruits. The the state control, provided, right board of amine, as herein shall have the to enter ex- any l.aws, by any at and all times forbidden United States distillery, brewery place liquors containing or alcohol are manufac- where Any.'manufacturer, tured within- this State. distiller brewer who inspector place refuse to of allow his business enter examine appurtenances inspector may proper and its at such times as deem shall permit forfeit his or license. dispenser liquors Every keep Seo. 16. shall of all re- strict account z. kept pur- ceived. him from the state commissioner a for that book pose, inspection shall be at all times 'to the of the circuit which solicitor, peace any grand juror county, any officer or or of citizen, procured, liquors and such book shall of amount and kind show the receipt sold, the date of and amount on hand of .each kind the amount .produced by party each keeping month. Such'book shall be TERM, 1896.

Opinion tlie Court. and as in each case dollars, few recovery comparatively hundred we are dollars, the sum three only obliged to infer that and demanded without were damages alleged same, any prosecution against used evidence on trial of to be as him on duly required notice served that the same will be as evidence. seller, special liquor payment 17. The of the United tax as a States Seo. any place resort,"or shop or notice of kind in store or indica- kept sold, away, given ting are held that alcoholic there shall be person persons paying prima evidence said tax and facie act; parties displaying acting in are violation of this and un- notices person permit prescribed parties selling less said this act punished by a fine of not less than one hundred dollars nor shall dollars, imprisonment than five for a term of not less than more hundred nor more months. the United States three months than twelve Conviction liquor prima courts of illicit sales of shall be taken evidence of viola- facie act, distiller tion of the or manufacturer shall, by containing courts reason alcohol so convicted in the'United States permit conviction, granted him the state of such forfeit license provided. penalties herein of control in addition the other board druggists conducting drug stores manufacturers 18. Licensed Sec. dispensers hereby purchase proprietary medicines authorized to are. intoxicating liquors malt) (not including residence the counties medicines, purpose compounding tinctures and for the extracts dispensers beverage* charge shall not used as cannot be per profit druggists sold. than cent net so licensed more ten keep purchaser are de- Such shall record uses which same used,-and voted, quantity quarterly they make giving the kind and so county county auditor and board control sworn and file with reports, quantity giving true a full and statement of kinds of such used, devoted, liquors purchased the uses to have been same dispenser purchased, giving the name of the from whom the same was purchased, together quantities an of each so invoice and the dates with drug- kept compoundings. for If in stock said licensed kind still .and sell, dispose barter, exchange any gist give awag, manner or or shall by section, liquors purpose any for than authorized he shall said other prosecu- upon penalties, all his license and be liable to conviction forfeit provided persons selling equity proceedings at and in tions and law , shall, permit, clerk of the court upon such conviction the without order, days to judgment transmit the board within ten after such or thereof, upon receipt pharmaceutical record examiners certified shall, druggist from the strike the name of the said which the said board Provided, nothing pharmacists herein That list and revoke his certificate: any or sale shall authorize manufacture contained be construed device, name, may any preparation compound, or be under form or which provided intoxicating in character: And beverage its used as a

SCOTT v. DONALD. ‘

Opinion of tlie Court. n the nature of a fraud foundation, just upon juris- diction of the court. contain

The declarations if which, allegations true, bring further, That commissioner shall be the state autliorizéd to sell'to manu- facturing druggists by and wholesale alcohol chemists the barrel at cost. person any any-false 19. If shall or signature Sec. make sign fictitious or any any paper required than his or her signed by name Other own to be authorized, do, act, being any so to or without make false in' statement any paper, request application signed procure-liquors or act, under this person offending guilty upon shall be so of-a misdemeanor,, and con- punished by twenty-five viction thereof shall a -fine of not more than be dollars, imprisoned thirty days.. or be more than dispenser, clerk, any Sec. 20. If or his shall make touching false oath syvorn any required act, matter to bé under of this person conviction, shall, upon punished offending by so be dispenser purchase perjury. any county procure any.in- for If shall or toxicating liquors person commissioner, than the state or make any county request liquors auditor, any false return to or use sale, any more than shall guilty one such case he be deemed of a mis- demeanor, conviction, upon punishéd by a fine of five hundred dollars imprisonment. or six months’ Every person directly indirectly keep Sec. 21. or who shall or maintain himself, combining others, associating any or or with or shall in who aid, any keeping maintaining manner assist or abet or club room or other place any kept intoxicating in which are received or use, barter beverage, among as a or or or sale for distribution division the members by any whatever, every person club or association means who receive, barter, sell, receiving, shall or bartering assist abet another in kept, selling, guilty shall alcoholic so be deemed of. received misdemeanor, punished by a shall conviction thereof fine of- .be dollars, not less than than one hundred dollars nor more five hundred imprisonment tqrm for a of not than three months nor more less than Provided, twelve months: That board of control the state shall have power, upon adopt, proper and, showing such rules as exempt being hotels resort from considered tourists health seekers where violating any manager nuisances or as this act of such hotels reason bottle, dispensing bought dispensary, by night. from the either day, exemption- ,or granted but before the state board of require give manager good control shall of such hotel sufficient bond, dollars, penal sum three thousand conditioned for the ob- rules, prescribed regulations servance of all the and im- restrictions posed by requirements act, board and all of this and it for'any employed-under shall be thus lawful constable officer this act.to any time, day a-warrant, night, enter such and search it at hotel without liquors. for contraband (cid:127) TEEM, 1896. OCTOBEE

Opinion the Court. thé cases within the well-settled doctrine that dam exemplary in certain cases assessed. After ages may alleging for his own use the articles men plaintiff, importing places liquors sold, 22. All given where are Sec. alcoholic or bartered act, persons permitted away in or are violation where to resort liquors purpose drinking beverage, alcoholic or where alcoholic kept sale, delivery act, barter are or in violation of this nuisances, any person hereby may go to be common and declared before any justice county personal trial in the and swear out an arrest warrant on . belief, knowledge charging nuisance, or on information and said giving the keeper manager place names of or of súch witnesses and his assistants, justice any, aids and if and such trial shall direct such arrest’ county any special constable, either to the sheriff of the or warrant com- manding brought said defendant to be arrested and before him to be dealt law, according shall and at the same time issue search with warrant'in described, premises question particularly commanding shall be premises question thoroughly or constable to search the such sheriff thereon, dispose to seize all alcoholic found them as vessels, fixtures, screens, bottles, glasses in section and to seize all bar appurtenances apparently retailing for use in used or suitable thereof, complete deposit inventory the same to make a with the sheriff. brought That under arrest the defendant shall be arrested and warrant justice, disposed before such trial and the case shall be inas cáse of beyond jurisdiction, except other crimes his that when he commits or binds parties general for trial to the next term of court of sessions for o.ver county, every paper duplicate he make out case and file county, one clerk court for the immediately the. transmit circuit, whereupon the other to the solicitor of the said solicitor shall at apply judge once to the circuit at chambers within that circuit for an order defendants, restraining agents, keeping, servants or receiv- selling away ing, bartering, giving any or until further alcoholic judge hereby authorized, of the court. Such circuit empowered order required grant restraining said requiring order without a bond undertaking hearing receipt by or papers Kimof said from the justice by trial solicitor; 'court of the said hands of the viola- restraining'order tion of said before the trial of the case shall be deemed a punished contempt by court, judge of court as such said judge, Upon as for the injunction. circuit violation of an order of convic- maintaining trial, tion defendants said nuisance at the misdemeanor, guilty punishable them shall.be deemed of a im- prisonment penitentiary months, .a not less than three term.of dollars,' both, áflne not less than two hundred in the discretion of. court, restraining perpetual. and the order shall made The arti- inventory, sheriff, cles- covered which were retained shall be proceeds sold net sent to the state com- forfeited and-.the

SCOTT v. DONALD. - Opinion of the Court. of in the his were exercise tioned, legal rights guaranteed the of Constitution States, the in by averred, the United that the declarations, defendants several were notified that missioner, proceed dispose and sheriff shall the forthwith to of the alcoholic provided inventory liquors by said in covered this act as .as when other finding premises, are seized. such alcoholic on such satisfactory disposed being same evidence the contrary with act,, prima shall be complained to this evidence of the nuisance of. facie Liquors hereinbefore-provided, them, seized as containing and the vessels custody possession be taken from the shall not of the in officers of the any replevin process by proceedings same writ of other while the herein provided, pending. suit damages alleged No shall lie by to arise person Any seizure and detention of under this act. violating the any restraining granted order in proceedings pun- terms of such shall be contempt by a ished for fine not less than two hundred dollars nor more dollars, imprisonment by thousand and than one in penitentiary the state ninety days year. proceed- than contempt not less more than one In nor ings arising any injunction out of the granted pro- violation of under the act, court, or, vacation, theredf, judge visions of this the in the shall have power try summarily punish parties party guilty, to the required as by upon contempt The affidavits the law. attachment for issues prima make a may plead shall case for State. The the accused facie applicable. as to an so same manner in far the indictment as same Evi- affidavits, be or in dence oral the form of or both. The defendant shall upon necessarily discharged his not denial of the fact stated in the mov- papers. shall, ing application The clerk of court of either witnesses, party, subpoenas except issue as above set forth the practice contempt proceedings nearly may in shall such conform.as practice any Common Pleas. That neg- in the Court of when solicitor perform duty steps any any required or to take lects or refuses to of him by any provi- any section or of the preceding motion, attorney act, general, request this on his own sions of proceed person governor, locality in his shall assistant steps perform duty necessary' neglected take as are such in solicitor, prosecu- place at instead of such his discretion cause instituted, only neglected, prose- tion not matter but also a to be so cution the solicitor for or misfeasance in officeor for malfeasance pursue justified by charges official misconduct or for facts and to prosecution to the extent of a and dismissal'from officeof conviction ' be; attorney general And in shall and is solicitor. such event the. appoint hereby, empowered one or additional authorized more assist- ants, actually employed compensation, each the same who shall have while attorney paid general. litigation from the fund of commissioner, regulations 23. The under rules and state Sec. control, responsible may enter board'of into contracts with TERM, 1896.

Opinion of tlie Court. of said seizure goods, pretence authority, would be of constitutional grievous trespass disregard for which be held would rights, responsible; through grape-growers for the sale of this State domestic wines dis- pensary, encourage grape-growing furtherance- sj) per profit object dispensary cent more than ten to 'the over etc., bottling, expenses labelling, freighting, charged shall be for the manager .every handling registered distillery of such wines. The commissioner, report quarterly liquor in this- State the state show- hand, gallons liquor ing number of each kind of on manufactured .of report disposed during quarter; correspond if the fail to return of revenue said distiller to the States internal collec- United disposed liquor manager or it of this is that said has con- tor shown act, distillery nuisance, trary be be a common to this said shall deemed to premises manager and the and his aiders and assistants shall and the said places liquors proceeded against as iii this act as to where are be contrary to this act. sold places liquors kept stored, unlawfully all are or the- 24. In Sec. where exposed view, being open being in or and a search not an house same effect, necessary, or on to that information and belief that affidavit liquor place, may by is a search in such warrant be issued a contraband mayor city town, judge or or or justice, trial or intendant of justice, made, constable, application empowering any is person or who whom place by deputized, daytime night-time may or in -the enter the said be premises purpose exaijaine seizing and for the to search the said and concealed, kept stored, liquors liquor or therein which said contraband disposed provided. shall as hereinafter so seized be wbdn any liquors one 25. That set forth in section (1) Sec. act, contraband, may be .seized and taken without warrant arrival, constable, policeman, or after .any sheriff or while in transit state carrier, express possession depot agent, agent, in of a common whether private firm, corporation association, person, reported to the or státe once, dispose -pro- at hereinafter who shall commissioner same liquors purchased That : outside the owned con- vided Provided\ personal exempt quantity baggage, veyed-as shall be from seizure when ' -gallon. exceed one does prohibited possession liquors hereby That the of said illicit Sec. contracted, indebtedness, unlawful, any obligation, note and.declared void, absolutely transportation null and declared to be sale or their recovery any in. of the same be entertained action orsuit for the nor-shall any in this State. court stored, liquor kept, illegally proceeding against so 27. That Sec. pro- transported delivered, transported being be sold, or shall considered rem, provided, than at his or herein elsewhere ceeding unless otherwise residence. her SCOTT DONALD Opinion Cpurt. notice, such

defendants, act notwithstanding claiming to "of. South of the State Carolina, constables forcibly seized that, the said carried away packages; committing transportation, possession, removal, sale, carriage, 28. That the Sec. de- acceptance any liquids any livery package, of the said or or cask, any proper jug, package, than the box or other name or quality designating to the trade as the kind and brand known the con-. casks, same, packages containing causing or boxes or the tents sale, transportation, carriage, possession, removal, delivery of such ac- or. liquids ceptance, shall work the forfeiture of said or and casks or person persons packages, offending, knowingly', subject or so be fine riot than dollars more than pay a less one hundred nor five hundred imprisonment dollars, six, term of not less'than months nor more address, mark, year, name, stamp wrongful style arid than- one on prima liquor facie, guilt. when seized shall be considered evidence of: way bills of the common carrier be examined The books to trace conviction, liquor shipper, liable, upon shall be said- who in a like.. penalty.. sheriffs, constables, justices <(cid:127)> constables, deputy Sec.'29: Thai all trial power municipal policemen right, authority, aud shall have it shall suspect suspi- duty, are informed or whenever possession package carrier contains of a common alcoholic cious twenty-fo.ur liquids, for'the term of the same for to detain examination process, Any constable, deputy whatever. hours warrant without justice neglect constable, perform who shall or-refuse to sheriff or trial suspension required governor. act shall duties -liquors liquids, Any justice seizing alcoholic sheriff or as re- trial quired this.section, paid liquor half the shall be one value of such liquids dispensary, been received at the so soon as the same have disposed approved according and to law. any person' with, by obstruction Sec. 30. That interference or re- to, any person of, language discharge or officer or in the sistance .abusive enjoined, language by any or the of abusive of the duties herein use such person persons, person , shall be or other or deemed misde- officer shall, upon meanor, persons conviction, person offending the or so be and punished by not than one hundred dollars more than a fine of less five nor dollars, imprisoned than three or term not less months nor hundred a. more than months.- twelve any goods, merchandise Sec." 81. In cases seizure of wares or here- all any provision being-subject after or heretofore made as to forfeiture which, act, opinion person the of the officer or of this act or the former in seizure, appraised fifty more, making the value of dollars or the the are of proceed person 'First.' lie shall cause a list officer shall as follows: said or containing particular-description goods, the merchandise wares or n duplicate prepared and an thereof to be made' to be in appraisement seized VOL. clxv —6 TERM, said

the unlawful acts, the defendants acted said knowingly, and with wilfully and' intent maliciously, oppress and intimidate the and make him afraid humiliate plaintiff, appraisers him, by by respectable shall to be selected be three sworn who residing and disinterested citizens of the State of South Carolina within the appraisement county the seizure was made. list and wherein Said shall be person properly by appi-aisers, the said officer or and the said attested appraisers shall be the which service said allowed sum each of one by per days, paid day, exceeding be the- dollar five to. state commis- If goods making the are believed the officer sioner. Second. dollars, appraisement fifty less value no seizure than shall be person proceed 'publish a officer or shall notice for made. The said three weeks, places county made, writing, at three in the the seizure was where place stating describing the articles and the time cause of their seizure, appear any person requiring claiming and make them to such publication thirty days first within from the date of the such claim person Any liquors claiming seized as so contraband notice. Third. notice, same, containing specified in the the time and the vessels within may stating the state his interest file a claim with commissioner seized, may in the articles' execute a bond to the commissioner state sureties, penal dollars, approved by of five with the said sum to be hundred commissioner, that in conditioned the case of condemnation of the s.tate pay obligors expenses seized all articles so shall costs condemnation; proceedings obtain delivery such of such state he bonds commissioner shall transmit the same with the du- description plicate goods list seized to the solicitor the circuit pi'osecute in which such seizure made and the said shall solicitor liquors liquids case to secure-the forfeiture of said contraband jurisdiction. having interposed court ITourth. If no claim is and no bond specified, time given above within shall be forfeited with- proceedings, out further and the state shall commissioner have the said chemist, pure tested through and if shall sell same dispensary purchased as though pure, the state him. If not he shall beyond deposit proceeds sell the samé State and to the credit of the Provided, quantities state commissioner: That less value seizures fifty than dollars illicit liquqr same advertised quantities other at disposed Columbia the state commissioner and provided: Provided, further, as hereinbefore That the claimants of such liquors may give fifty bond in one hundred dollars as when value is over, justice- dollars showing bear the burden of before trial complied liquor that he .has -with the law and that the is not liable to , seizhre. fermented, liquids That all Sec. 32. contain- distilled alcohol, transported sale, ing use, remaining into State or herein for consumption, storage disposition, shall, upon or other introduction

SCOTT DONALD. 88‘.

Opinion Court. to United’States, Constitution laws rely upon and the thereof for his judicial power protection and immunities secured to him the. rights, Oon- privileges State, operation in this arrival and effect of this law to extent and in the though same same liquors liquids manner as such or produced had'been in this State. person, except 33. That no bring in this act. shall Sec. into transport place place this State Or from State, to by wagon, within this cart' vehicle, by any other or or other any liquor means or of .carriage, mode or alcohol, liquids containing penalty a impris- of one hundred dollars or thirty days offence, onment for upon thereof, for each conviction as for a Any servant, misdemeanor. agent employé any persons, corporations or associations, doiiug or carrier, per- business any in this common State as or (except son whatever an seizing examining officer or same), who shall any intoxicating liquors car, remove any from or railroad vessel other transportation any place vehicle of at other than the usual and established stations, wharves, depots places or business such common carriers incorporated city within some dispensary, or town there is a where or removal, remove, cpnsent attempt shall aid in or who or shall pay conviction be sentenced fine of not less than one hundred dollars, imprisonment nor more than dollars five hundred or for a term of Provided., three not less than months nor more than twelve months: That penalty apply liquor any changed in transit when .car transportation Provided, across the State: car to facilitate That this section n doesnot purchased dispensary apply bearing to- from a State, proper except dispensary -or certificate. All in this label consigned points beyond passing through this and those contraband, may be seized in shall be deemed transit without railroad, any steamboat, vessel, express company sailing or warrant. And transporting bringing into this other common carrier or State for sale or therein, except penalty dispensary, of. use shall suffer five hundred offence, the solicitor of the recovered dollars and costs for each to be’ any brought circuit, attorney therefor in court general, or the an action constable, sheriff, police municipal competent jurisdiction. The state car, express car, depot, or may any or any constable railroad lawful enter steamboat, for such vessel, and make without warrant search freight of said waybills and books contraband examine the carriers, resisting officersshall interfering-with common one punished by more thah five dollars nor b'e fine of hundred not less than one dollars, imprisonment months not less than three hundred for a term '- nor twelve more than months. violating any person openly in the act of Sec. 34. That detected provisiohs warrant': to arrest without of this shall be liable act Provided, time thereafter. b’e-procured a reasonable A warrant shall within pun of this where Sec. 35. That of the sections act violations of TERM, 1896.

Opinion the Court. oí sti'tution and laws of the United and that the defend States; ants well knew when made committed seizures they said, that said were acts unlawful ánd forbidden trespasses by upon for, especially provided person ishment conviction is not or' persons corporations punished: or so shall be convicted discretion trying of, the- court same. All alcoholic other than domestic .the' wine, quantity gallons,' and in more than five not on do have which packages they going-to are contained the label which and certificates they purchased have been that from state authorized show officer to sell a contraband, hereby them are declared- and on be seizure forfeited to will That, Provided,. the State as in section. section shall not- 31: this apply liquor by registered having held Persons owners stills. gallons liquor keep they more than five for wish to own use around, - may by furnishing throw the same protection an quantity inventory apply- and. kinds the state commissioner approval ing sixty days for to affix After from thereto. certificate's liquor any having may'be this found in act not such certificates having they and confiscated. -seized more than wish to use Persons ship persons beyond Any obtain 'the .certificates limits State. affixing causing any package containing liquor or be alcoholic affixed-to stamp any printed engraved or v or other Or device than imitation label by shall, offence, those furnished the state be liable commissioner each penalty days’ imprisonment twenty-five ten to a or fine. dollars Every person who.dispossesses Sec. 36. or from constable or rescues officer, attempts any do, liquor other or so to taken or alcoholic detained law, shall,- charged upon such officer with the of' con- enforcement viction, imprisoned, be not less than three nor more than months twelve' months, pay a or fine of not one nor less than hundred dollars more than five hundred dollars. Any person handling iiquor night-time, 37-.' contraband Seo. same, delivering guilty misdemeanor, shall be of a on conviction punished by imprisonment months, shall be than three nor lets months, more than twelve a fine hundred dollars not less than one nor more than five hundred dollars.- Any. wagon, cart, transporting Sec.' 38. conveyance other boat night, regular passenger at freight other than dr steamers and cars, railway confiscation, shall liable to seizure that end duly proceeds' officer shall cause the same to be and the advertised sold sent to'vthe state commissioner. Every dispenser liquor containing package Sec. shall when he sells a thereon, put extending in ink cross-mark on the label certificate from the’top any liquor ta the bottom and from is seized side to side. When act, required by necessary because it has. not the certificates labels proof spirits the burden the claimant of. said show whiskey no fraud has been committed and that the contraband. is not

SCOTT DONALD. i laws and Constitution the United but States, that they would acted, so be shielded trusting believing harm from all their official protected superiors railroad, steamboat, express company Sec. 40. That or other carrier, penalty price common shall incur of treble the invoice dispensary, or stolen in transit alcoholic lost to or from the whether not,'such shipped penalty released to be recovered action competent jurisdiction. court any persons -41. Sec. That it shall be unlawful for to take or to solicit orders, money persons, purchase ship- or to receive any persons State, of for ment alcoholic or to such in this from, except purchased shipped dispensary, for to be and and person section, any violating upon conviction, be this shall deemed .guilty misdemeanor, punished by imprisonment a and be of shall terma of not months, by than three less months nor more than a twelve fine of not than one hundred nor less dollars more than five hundred dollars. duty sheriffs, 42. deputy Sec. It shall be the of sheriffs and constables having any provisions notify notice of of of of the violation this act to violation, circuit solicitor the fact of such and to of furnish him the any knowledge by of names within such witness whom violation can proven. any wilfully comply If be such officer or solicitor shall fail to provisions .section, conviction, shall, upon with of this he be fined in a dollars, not hundred sum less than on'c hundred nor more than five dollars per- by and such of held such conviction shall the office work forfeiture son, shall, and had in addition to the court before such conviction is whom imposition aforesaid, adjudge the foTféiture of his of the fine order and said office. appoint governor authority 43. Sec. have to one or more state shall constables, salary per duty, day at a on chief' dollars when two of two constables, per day expenses, at to see that this act three each dollars enforced, charged expense the same account of to be .the commissioner, except provided as otherwise in act. this chapter I, VII, 44. Sec. That title of Civil of the Code Procedure of “ actions,” provisional this entitled in civil shall Of remedies apply act, any person having perform to this officer duties to person against any in no case for damages shall an lie officer or action such person property chapter. given any Sec. 45. That have been' shall out when bill indictment any by attorney' attorney general general solicitor or or án assistant any grand jury county any term of' the court at this State general any person persons charging sessions with therein violation spirituous, relating this statutes of State alcoholic, opinion intoxicating grand jury malt or such officer, caprice, prejudice, undue prosecuting influence or improper cause, thereon, sliall be it then and there refuse to find true bill TERM, '86 Opinion of the . Court. Carolina; of South and that made such seizures and committed- trespasses wilfully maliciously, intent on the- purpose trample rights plaintiff’s him do all the under the law injury pother the defendants.' must,

These allegations purpose disposing us as true at or, accepted least, question, present, susceptible proof. ' defined have been the compensation Damages whic.h will, an award for and are done, said to be injury tbd and allowable of the actual loss, excess where ".exemplary evil motive, tort actual malice, a. is- deliberate aggravated text-writers, While courts and (cid:127)violence or some oppression. doctrine, the soundness of has been have questioned in most of the States of this in.England, Union, accepted the sanction of court. has received Wood, of Wilkes v. an Lofft, In the case into the house action'of trespass breaking plaintiff’s under color sec- his of a 'warrant general seizing papers, Pratt, Chief Justice retary charging-the jury, that, to the contention of the solicitor general in replying all nominal were that could or merely damages compensatory said: what the solicitor be allowed, “Notwithstanding gen- competent prosecuting for such officer for, to move presiding and discretion, at grant his a judge change place of venue hearing and n trial stage of proceedings at such when judge .the satisfied with officer, showing prosecuting of siich to be made on the minutes court of the affidavit, upon impartial that a fair and be- consideration cannot he had jury. grand fore whenever in 46. That this process act it .Sec: that shall upon affidavit an based on belief, issue information' and the affidavit shall setting information, a statement forth contain the sources of the facts upon grounds of belief which the Provided, affiant bases his belief: That necessary it shall not be to set forth information, the sources of the facts grounds upon of belief in the affidavit which a warrant arrest' shall issue, only necessary hut it shall cases search warrants. public- 'act, 47. this act Sec. That shall be a go im- into effect approval-by mediately upon governor, its parts of acts or that all be, hereby, repealed. inconsistent with act and are acts January 2d, Approved a.».

SCOTT v. DONALD. 87 I have has. delivered on said, eral formerly my opinion' and I continue of mind, still same that a occasion, another in their have it for more than the power damages jury give are not received. as a satisfac- designed injury Damages only but likewise a tion to the to the injured person, punishment guch to deter and as future, guilty, proceeding to the of the detestation of the action-itself.” The proof jury found, a verdict awith thousand pounds jury damages.. Wilson, 205, In the case Huckle v. there was a Money, a new trial on that the had motion for jury allowed ground It excessive was on trial that the damages. proved plain tiff and was taken in journeyman custody by printer, warrant of defendant, secretary general a certain libellous suspicion printed upon .having that, him in the defendant about six paper; kept custody him but used him with beef hours, treating very civilly by that so he suffered little or no beer, steaks and very damages. him hundred a verdict in three damages. gave pounds jury motion, In “ the Lord Chief Justice Pratt said: disposing had been confined oath consider That if jury damages mere injury only, perhaps twenty pounds personal but the done small been thought sufficient; injury would have of his the inconsiderableness station to the plaintiff, did not Striking light, rank in life, jury appear touching liberty which the great point ... I cannot the trial. say them at appeared if I had been jury, I should have what'damages given cer not bound were told them but I directed I am opinion damages tain the whole Upon damages. judges it is excessive, dangerous very case it must be.a for torts; glaring intermeddle damages mankind all and which in a tort, of outrageous damages indeed a new court to so, must think to induce grant at blush .a first excessive trial for damages.” an action How. Woodworth,

In Day which.was down the defendants tearing charging trespass Mr. court, dam, mill through the plaintiff’s destroying , Grier, said: Justice TERM,

“ It is well-established of the common that, law principié torts, on and all actions actions of case for a' trespass are inflict what called vin- jury may exemplary, punitive defendant, dictive view the enor- having damages of his offence rather than the measure of mity compeifsation that the We are aware this doc- plaintiff. propriety if writers, trine been some but has questioned repeated for more than a are to be decisions received century judicial as the of what is, best will exposition question not admit of well common, as as T>y argument.. by- statute men often law, miscon- punished aggravated acts, duct or lawless action, a civil and the dam- by means inflicted by way ages- penalty punishment given In civil injured. slander, party many actions, libel, seduction, done etc., wrong plaintiff incapable measured and the standard, being a’money damages on the assessed depend circumstances, showing degree moral conduct, defendant’s turpitude atrocity termed or vindictive rather than may properly exemplary compensatory. “In actions of where the has been trespass, wanton injury (cid:127) malicious, or courts gross permit outrageous, juries

to add to the ’measured compensation, which plaintiff he would have been entitled recover, had the been injury inflicted without or intention, farther design something way punishment been example, sometimes has has called‘smart This left money,’ been to the dis- always cretion of the as the jury, degree be thus punishment inflicted must oh the circumstances of each depend particular case.” & Baltimore Railroad v.

Philadelphia, Wilmington Quigley, 202, How. was a case wherein 213, a railroad company in an action for the responsible libel; publication this court reversed Court for although Circuit allowing no jury because there was give exemplary damages, evidence that the was inflicted" injury maliciously wantonly, the case of yet Woodworth, 13 How. was cited Day of a in certain approval recognizing power jury (cid:127) v. DOJSTALD.

SCOTT Opinion of the Court. to assess the tort-feasor tort against, punitive

actions of down the law that as when- damages, laying exemplary of has been inflicted the ever injury complained maliciously and with circumstances of or -wantonly, contumely indig- not limited to the ascertainment of a the are simple nity, jury committed wrong aggrieved compensation person. doctrine in the was well-settled

This likewise recognized v. S. Prentice, case of 147 U. Railway Lake Shore 107. malicious interference intentional; repeated exercise of defendants with the privileges personal rights the Constitution of the United plaintiff by secured .the as we States, constitutes, think,' complaint, as. alleged a mere and injury the'subject compensation by a.wrong within the of the but doctrine cases standard, fairly money been alle- have allowed. Those wherein .exemplary damages answers, denied of the have though gations complaints,, — in the tribunal these cases court, sustained by been — - waived which had to issues been pass upon jury having of fact. ' in. fell short of of the each case That recovery amount did not withdraw the dollars cases the sum of thousand two court. As the declarations from the of the alleged jurisdiction and' as a dollars, thousand the. sum of- six jury damages not in excess of .that find would be at amount liberty attached, would sum, once validly jurisdiction, having recoveries were for sums not be defeated the fact that said in the case v. than dollars. As of Day less two thousand been “The amount has left Woodworth, cited, always above to the discretion punishment degree jury, circum on the then inflicted depend, particular must. stances of «each case.” 550, was considered 116 U. S. Edmunds, fully

Barry a suit cannot case, it 'was there held that properly of the United- States as not dismissed Court Circuit. £t within jurisdiction substantially controversy involving made to on the court, Unless the where facts, appear conclusion; of that that where create a record, legal certainty TERM, (cid:127) the sum a Cir- beyond damages necessary give exemplary United States cuit in an jurisdiction Court claimed for a malicious court should not action dismiss trespass, want of because the the case record jurisdiction simply actual caused to the injury shows plaintiff by than less jurisdictional amount, and that trespass in an this court is settled action for a trespass with malice the recover plaintiff may accompanied exemplary of the amount of his excess if the ad damages injuries, damnum is laid. properly

Our thus far have on the inquiries proceeded assumption of that the were inflicted in complained the enforce- injuries ment an law of unconstitutional the State. Sustaining of the Circuit Court on jurisdiction we are that-Assumption, now to more and difficult brought important question the so called law of whether South dispensary as is, indeed, to some or all of Carolina its invalid, as parts, with in conflict Constitution the United States being and acts made thereunder? Is that Congress statute a lawful exercise of of the State? police power In the discussion we do not deem it .present necessary to review the numerous cases in which this court desirable to has had occasion consider similar We shall find questions. to to sufficient the case an- before.us.the conclusions apply nounced several recent cases.' very The is shown in difficulty frequent elaborate dissents of the cases. can be many Still, it safely differences of thus manifested have opinion been much so fundamental as upón principles, upon questions of the construction and of the various state statutes meaning that have been under consideration.' have statutes Those covered almost innumerable exclusion subjects; from the State diseases, or infectious or of crimi- contagious nals, others paupers become a burden likely public railroad to fence charge; regulations requiring companies their roads; of oleomar- manufacture and sale forbidding labor, even railroad com- (cid:127)garine; prohibition Sunday in interstate panies etc. partly engaged commerce, SCOTT DONALD. state laws that have been most fre-

But particular tbe and have occasioned the most considered, discussion, quently those that or forbid the have been have sought regulate manufacturó and sale intoxicating 'liquors. importation, now; consider, And the whose we one law, is. validity that class. the vice use evils attending intemperance are so that a natural reluctance is felt- great,

spirituous liquors even on constitutional interfere, grounds, appearing is to restrict avowed prevent whose purpose as state continues to mischief. So long, legislation however/ articles of law- wines, beer and recognize spirituous liquors must continue the ful and commerce, so consumption long such use and commerce of the Federal courts afford duty under the Constitution and the same measure of protection, United, to other articles. laws of the as is States, given the law ¥e concede that cheerfully question passed We disclaim the bona exercise of power. police fide of a de- of South Carolina to the law-makers any imputation to interfere under the of a domestic regulation, guise sign, of either her own citizens or with the and privileges rights secured to them the which are those of her sister States, States. and laws of the United Constitution to But, observe, occasion our as we have had than one more was enacted to believe statute good that this willingness from evils to State faith, protect people and sale ardent manufacture of unrestricted importation, whether the determination cannot control the final spirits, to the is not in some of its statute, repugnant provisions, As was Mugler States. Constitution of the United te “If a statute 661: purporting U. S. Kansas, health, public have been enacted to public protect relation no real substantial or the has morals public safety, secured invasion rights to those is objects, palpable of the courts to ad- so law, it duty the fundamental to the Constitution.” effect and thereby give judge, before that the statute. us does to- observe It is important the manufac- either the to importation, not prohibit purport TERM, the sale ture, first intoxicating liquors. use. make it to does, indeed, manufacture, section penal sell, deliver, store or barter, keep possession spirituous, vinous, fermented, brewed malt, con- alcohol, tain are used as declares all such beverage, be contraband and to health morals, good them, State, authorizes be safety seized without and turned over to found, warrant, wherever those are not commissioner; absolute, state yet enactments but are made subsequent provisions When those examined, act.' are we subsequent find so far from the manufacture sale that, importation, of such those are operations turned liquors being prohibited, over to whom or under functionaries, alone, whose are to be on. carried direction, they for the Thus three section a state provides appointment commissioner, who is all required purchase intoxicating liq- lawful sale in the and to State, uors for furnish same to as thereof, designated dispensers persons in the act. Such sold as thereafter commissioner before directed, shipping liquor dispensaries, county the same to be sealed cause up less put packages than half nor more five than one in which pint gallons, pack- shall be sold by county dispensers. ages they “ section The fifteenth enacts firm, associa- person, tion or corporation desiring manufacture or intending alcohol distill within containing from the state board first obtain á or license to do- permit section so,” and said further “that manufacturers of provides malt vinous who distilled, business' within doing shall be allowed to sell to no State in this State person and to the state outside except parties commissioner and the state commissioner shall his from 'purchase supplies the brewers and distillers this State when their product reaches the standard this act: Provided, Such required can be brewers supplies purchased cheaply So, in this too, distillers elsewhere.” as twenty-third “ that section the commissioner enter- into state provides may SCOTT DONALD. this State

contracts the responsible grape-growers the so as to of en- sale domestic wines through dispensary, and in in this furtherance courage grape-growing ten cent to the more than per profit 'dispen- subject etc., over the labelling, sary expense bottling, freighting, But shall be the such wines.” there' handling charged no the case of such limitation of wines. charge imported And in cases seizure of contraband the liquors, thirty-first “ have the state commissioner shall section provides if sell same chemist, tested state pure (cid:127)same as though through dispensary purchased by him if not the same the State; he shall sell ; beyond pure of the credit state commis- deposit proceeds sioner.” it

In view of these and similar indisputable provisions, was not intended act, else be said this' whatever may and use of sale manufacture, intoxicating prohibit and wines are On recognized contrary, liquors liquors. made, as commodities which may lawfully bought to be the therefore be deemed sold, and must and interstate commerce. foreign act, within an act,

It is inspection defend sought of the Constitution of that meaning, provision excise the States which impose United States permits for execut- duties far as absolutely necessary may laws. ing inspection contain looking does, indeed, act and to that extent

ascertainment purity But law. an nature of inspection be said to be in the not redeem act do are, -those as.they provisions, and interference obstruction from the .an charge- being This aspect commerce. and interstate with foreign court in ihis times considered by has several question bb.en to sustain state made Tygye cases similar where attempts laws. statutes as legitimate inspection of an validity S. In 95 U. Husen, Co. v. Railroad Missouri, introduction forbade act of between cattle into Mexican Texan Stá>é TERM, '94 Opinion of the Court. of March arid December of each months was every year, n considered. It was contended on behalf of the law that it was valid as á law, its towas quarantine inspection purpose prevent '.the cattle afflicted with introduction diseases. contagious But the court out that no was made pointed provision the actual cattle, so to secure the inspection’of rejection n of those that were diseased, but that all importation whether sound or (cid:127)cattle, was diseased, forbidden for long and .it was held that the statute void as was periods; plain -intrusion domain of exclusive upon Congress. S. 446, U. was

Walling Michigan, 459, 460, a case 116 wherein into was of a of th statute brought question validity e which on State of a tax or Michigan, imposed duty -persons who, not within the business principal place having State, the business of engage selling liquors, shipped into and it was' that a State; held tax discriminating a State, "to the imposed operating disadvantage of other States when introduced into the first men products State, tioned is, effect, restraint of com regulation- merce and as States, such is among of the usurpation confirmed the Constitution power Congress the United States. Answering argument upon the law had sustained .been Court Supreme court, Mr. Justice through said: is- “It Bradley, the learned who -suggested by judge delivered .the of' opinion Court of in this Supreme Michigan case, that the tax the act an 'imposed -by exercise by legislature .the of the Michigan power the State police for the dis of the use of couragement and the intoxicating liquors, of the health and .morals of preservation This people. be a would of the perfect act it' justification if did not dis criminate the citizens and other States in a products matter of commerce between the States, one thus usurp of the national prerogatives legislature. police cannot be to. control the. inhibitions of the power up set Constitution, Federal' of the United States powers .government thereby.” Created v. DONABD.

SCOTT ' State of Iowa an act In 1886 the passed legislature carrier within that common bringing forbidding, intoxicating person corporation, of the United States, other State or with from any Territory awith under the certificate, out first been furnished having which said auditor of county seal county liquor certi to be was was transported consigned transportation, whom .said consignee liquor fying person delivered, was authorized sell be transported, conveyed This statute was declared said county. intoxicating liquor in the case v. & Northw estern invalid of Bowman Chicago court Mr. S. 465, 493, U. saying, through Railway, “ Iowa under consideration statute of Justice Matthews: The law; is not an It falls within inspection prohibition. a It is a law. essentially it is not or sanitary regu quarantine within definition of commerce the States lation any among or which can be term, to that heretofore given; given are to of its motive and policy perfect although purpose its citizens evils of Iowa the State protecting a it on that account is none the less regula of intemperance, its so as to extended tion of commerce. If it had countries into the State from the introduction foreign prohibit abroad, of of alb intoxicating liquors produced importations ás a of would doubt the nature provision regu no one its nature is not Its changed by of commerce. lation foreign And . . the States. . among .commerce application the state power the limit between sovereign here is .which does not that say, Federal That power. the. of the police jurisdiction to commerce is within belong does commerce that which belong.to State and power . . The States. the United within the jurisdiction of’ and. adopted by reasoning same legislation process within the its power State -and courts would police bring to exclude, wish that' a State might article of consumption food and or to clothing.” to that which was drank whether it S. was v. 135 U. Hardin, recognized In Leisy ale and beer are subjects' distilled ardent spirits, liquors, commodity lite barter and traffic exchange, TERM,’ 1896.' Opinion Court. and that exists, of traflic thus which a articles- of right being in the absence cannot, on the commerce, legislation their from abroad or importation part Congress, prohibit nor when from a sale sister imported prohibit held and, statute o.f accordingly, importer; the. State sale Iowa, prohibiting intoxicating chemical medicinal, except pharmaceutical, under a license from sacramental court county purposes, to a sale State, was, of the and in importer, applied unbroken of such original packages kegs, unopened, from another manufactured and uncon- brought stitutional to the clause Consti- void, as repugnant tution commerce granting power regulate Congress with nations and States. foreign among several

In Minnesota 313, 326, 328, 136 U. S. the facts so Barber, resemble those the record now under shown consid- closely and the eration, stated so principles opinion applica- we, ble, that shall'state them some particularity. “ A statute the State of Minnesota, entitled An act for health protection public by providing inspection, before slaughter, cattle, swine sheep designed for human in its first food,” section slaughter prohibited sale fresh beef, veal, mutton, lamb or- for human any pork food in State, as in the act. except subsequently provided Boards of were there inspectors for, duty whose should tobe all cattle, inspect swine sheep slaughtered for human food. It was a matter of fine made imprison- ment for one to sell or for sale human food expose fresh beef, mutton, lamb had been so pork inspected.

This in court, an delivered opinion Mr. Justice Harlan, while that conceding the statute was faith, enacted good for'the purpose expressed.in'the' title, to namely, protect health of the of Minnesota, held people that, necessaiy effect of the act was to the citizens of other deny altogether 'States the within privilege Minnesota, the limits of selling, for human food, beef, fresh mutton, veal or from pork, animals slaughtered outside of the State, and compel

SCOTT DONALD. Minnesota, such meats, either buy wishing people pur- from taken animals chase those inspected slaughtered incur the or to cost them, the State, when de- purchasing domestic at use, sired for their own points beyond State, void as such constituting discrimination legislation (cid:127) of other business States in favor of against products and business of Minnesota, and as products depriving of Minnesota of into that State, people right bring sale and sound and use, meat, wherever healthy purposes have into It was such meat come existence. said: “ animals A law for the whose meats inspection providing for human cannot be as a are food regarded designed rightful if State, exertion of powers inspection police such is burdened with is of such character, prescribed the introduction into conditions, as will prevent altogether' of animals meats, the State of sound the products slaughtered It is one State to exclude other States. from thing diseased, or meats cattle, its limits swine, actually shéep or the of the ani- reason of their condition that, condition, are unfit for human taken, food, from mals which they or of meats all of such animals within sales punish ' for a to declare, It a different thing its limits. is quite its statute, as does Minnesota necessary operation — beef, articles that are lamb veal, mutton, that fresh pork — human life used in country support every part food within its limits, all for human unless shall not sold at is taken is meat inspected from which such animal animal is said, unless slaughtered as is or, practically behalf .contended, however, It is, in that ... State. in. statute, interference no that there is fact into and swine Minnesota cattle, with the sheep bringing of. the products discrimination States, nor any — is the for the reason argu- of other States business — on animals an ment the statute inspection requiring selling, offering a condition hoof, privilege them, meats taken applicable sale, State, Min- citizens of of such whether animals, alike to aH owners To this we that a answer, States. of nesota or other citizens CI.XV VOL. —7 TEEM, OCTOBEE

98 statute its face, apply upon of.;all may, equally people be a States, of yet regulation interstate commerce which a not establish. A State burden may imposed a State interstate commerce is not to be sustained upon simply it statute because the alike to the imposing applies of people all the of the States including people enacting St^te v. 120 statute. Robbins U. Shelby Taxing District, S. 489, State 497; Tax, Wall. 232. The Case Freight people' have as Minnesota much right protection against enactments with the freedom of interfering .that States, commerce of other among people have this statute or in terms, States.. Although avowedly, into directed Minnesota bringing products is to States, effect burden or affect com necessary its States, merce with other involved in the transportation -'as into for the that sale there, of' all fresh beef, purposes lamb or mutton, however veal, free from disease pork, animals have been the from-which was taken.” i.t The same Brimmer v. reasoning prevailed Rebman, U. an act S. wherein which de Virginia, it be unlawful to clared offer sale, limits of within. veal mutton from beef, animals State, any slaughtered one hundred miles more from at which it is of place sale, fered unless been has previously inspected local was held in re void, approved' by inspectors, being straint of commerce between the and as States, imposing' tax and industries of some discriminating products States in favor products industries Virginia; wherein it was said'“that the statute of Virginia, although -to enacted its the sale 'of avowedly protect people against n meats, unwholesome has no real or substantial relation to such-an its is a but, object, necessary,operation, regulation commerce, State to establish.” beyond power

After decision in Hardin, Leisy and, perhaps, pur suance of some contained therein, Congress passed observations “ the act of 8, 1890, 26 Stat. c. 313, 728, August enacting fermented, all distilled or other intoxicating liquors, liquids State or therein transported.into-any Territory, remaining v. DONALD. SCOTT 99 Opinion of the Court. arri therein, or upon sale usé; storage consumption, and, operation val in. such State Territory in the enacted of laws of such State Territory

effect extent and to the same exercise of its police powers been had pro liquors same manner as liquids though shall not exempt in such State Territory, duced in therein introduced original reason therefrom being pf valid, This law ‘or otherwise.” approved packages and a S. Rahrer, 545, re U. provision the case of In manu that the which provided the constitution of Kansas^ shall be forever pro and sale of facture .intoxicating liquors scientific medicinal, in that State, hibited except in enforcement and an act passed mechanical purposes, sale or barter manufacture, thereof, making penal -or other fermented malt, vinous, intoxicating, spirituous, and that efficacious, imported were held to be fall within the cate arrival shall, upon liquids nature. articles of a similar of domestic gory and in Massachusetts, 461, 471, 155 U. S. v. In Plumley .first of which the 296, 156 U. S. Missouri, Emmert manufacture and sale of a state law forbidding validity of an act in the second butter, validity imitation .and were sus- licenses, take out itinerant pedlers compelling v. Hardin the case Leisy and effect of tained, scope 1890, were considered act of and of the August Congress cited was into full cases heretofore review of the gone >.and-a discussed. and their elaborately principles act of South In the of these cases the Carolina. light those its as to 2, 1895, must, January condemned. suits, 'the stand affect plaintiff present impor- It is not an law. The prohibition inspection citizens of other States by tation of the wines and does absolute, made for their own use is South Carolina articles. Only on the depend purity impu.ity into the the state functionaries are import permitted wines who wish use those citizens foreign .thus their own exercise of judgment deprived To empower and taste the selection commodities. TERM, 1896. chemist to what the law calls the.“'alcoholic pass chemical importations by can purity” analysis definition of .within come reasonable scarcely inspec- tion law.

It is not a law to forbid the manu- purporting importation, use of sale and facture, articles detri- intoxicating liquors, the State and mental to the welfare of to the health of the it and hence is not within the inhabitants, scope operation act of of the That law was not. Congress August,. intended to confer State to discrimináte upon any power of other States in articles injuriously against products manufacture and-use are not whose arid'which forbidden, therefore the commerce. "When-that law subjects legitimate all distilled or fermented, intoxicating liquors “ into State*or any therein for transported Territory, remaining sale use, therein, arrival consumption, should, storage in sucli State be Territory, and effect- subject operation laws of such State or in enacted Territory exercise to the same its extent and in the powers, same man- police ner as had in been though liquids liquors produced such State or should- not be Territory, therefrom exempt reason of introduced in therein being original packages or otherwise,” evidently treatment equality uniformity under state laws was intended. The whether a question given state law a lawful is exercise is still power police open, and must remain to -this court. Such a forbid open, law may the manufacture and entirely sale of intoxicating liquors be valid. Or it for the in- may provide equal regulations and sale all spection domestic imported liquors be valid. But the State under the cannot, Congressional referred to, establish legislation system which, effect, discriminates between interstate and domestic commerce in which, commodities to make and use are admitted to (cid:127)lawful.

Whether those of the act direct that so called contraband be seized without warrant liquors sheriff or any constable, while transit policeman, after whether in arrival, carrier, of a common possession v. DONALD.

SCOTT and which sub- private person, express agent agent, depot fine and carriers imprisonment common carrying ject other cask, box or under' jug, package, package., 'name or brand known 'the to the trade, than proper which forbid suit bringing damages alleged and detention of under the act, arise seizing in an we valid, otherwise do lawful inspection would now consider. It was on us, find it necessary pressed not not for a that it is competent argument, the traffic in intoxi- of its power, exercise police monopolize and thus itself competition put cating liquors, other States. citizens but we the. is novel and

This interesting, phase us it. it now to consider It think do necessary as we that when a hold, do, cases for the sufficient present and use iiíánufacture, sale ihtoxicating recognizes discriminate lawful, cannot against bringing in, States; them from other (cid:127)of such articles importing a hindrance to interstate void as com- legislation merce arid an preference products enacting unjust of the other States. State as similar products in the record the- been filed There has suggestion that, South Carolina since of the State (cid:127)attorney general these-, below, the court there has in cases the trials- of been a further of that State act assembly general passed 1896,* March which act it is 6, on the governor approved n submitted,-supersedes of the act which has repeals parts are cases; in these we asked consideration been under act. recent of moré consider the provisions course, at law concerned, is, actions far these So for acts were committed -obvious recovered the-damages of the act of 1895, under the authority alleged cannot n affectedby if the 1896, of the act of even — a act were thereby invalidities remedied former jve matter on no .opinion. express Court.are the Circuit The judgments

Affirmed.' TERM, 102 Dissenting Opinion: Brown, J. Mr. Justice dissenting. Brown Í' am unable to concur of the court opinion holding the South Carolina law to be dispensary unconstitutional,, to the of this case. facts While I see no reason to applied of our in the cases question propriety rulipgs in analyzed Husen, of Railroad Co. v. 95 U. S. 465; Minne opinion, v. 136 U. S. 313; sota Brimmer v. Barber, 138 Rebman, 78, S. do not seem to me to U. have they considerable in in view of bearing upon question controversy, the re cent the' legislation by Congress upon subject intoxicating liquors. Hardin, 100,

In U. S. this court in Leisy April, case of Peirce v. New overruling prior Hampshire, How.- 504, held that state statute the sale prohibiting intoxicat of. for certain and under ing except license from purposes, when court, was, to a sale county applied by-^n importer from another liquors brought original packages, and void, as unconstitutional of Con repugnant power commerce. gress regulate Following closely upon decision, of it, probably consequence Congress, upon. 8 of same enacted what is year, August known popularly as the “'Wilson bill,” declared that all such trans into there for ported use, remaining consump “ .should, sale or tion, arrival be storage, effect the laws of such operation State, enacted exercise of its police the samé if powers,” extent as had been- in such State. produced

The effect of this enactment seems to me to withdraw intoxi- from the cating liquors operation the commerce clause of the Constitution, and to the traffic in permit them to be regu- lated such manner as the several States, exercise shall deem best for police powers, interests general The act is not limited in public. its the' .as operation, seems to to majority assume, state opinion laws forbidding manufacture and sale of importation, such but de- liquors; clares that shall be their they arrival within the subject, upon to the of all its State, operation laws enacted the exercise v. DONALD.

SCOTT Brown, Opinion: Dissenting J. act its very police powers. Adopting language

.of 32 of the section That dispensary provides : Congress, fermented, all distilled or other liquors liquids containing into this State or alcohol, herein for transported remaining or other use, sale, shall, consumption, storage disposition, upon introduction and in this State, arrival subject .opera- tion and' effect of extent to the same and in the law, same manner as had been though liquids produced in the State.” ' ¥e fail to cannot sentiment in this recognize growing favor some restrictions sale of ardent country .of upon shall take whether such restrictions form a spirits, license tax total of all manufac- dealers, upon prohibition ture or sale or the the state whatever, assumption gov- ernment of the all its power supply inhabitants, is a matter for the States to decide. exclusively The law;' first section of Carolina South dispensary that, the .manufacture, sale, receipt, acceptance declares. of alcoholic keeping possession liquors, exceptfwhen bought from state officer to sell the declared samé, authorized aré to be morals, health and contraband, good be. seized' found with wherever safety out warrant. has Now, declared Congress expressly shall, articles their arrival in become been, to its same if laws to the extent'as had they and, as the act does not there, originally produced dispensary declare them contraband as because imported they liquors, were but. were from a because imported, bought state officer authorized to law makes same, sell no discrimination between particular imported domestic it for me see Congress why impossible has not authorized the action that was taken directly state officers to declare these power seizing liquors. to be contraband and prohibit intoxicating'..liquors manufacture sale m was affirmed this court in toto and if the Mugler Kansas, U. S. requir provision them be be- valid, of .the- ing bought dispensary as well as to applies liquors. imported domestic TERM, 1896. Brown, Opinion:

Dissenting J. as I But, the court understand, bases to a certain extent its opinion this act the fact unconstitutionality upon the traffic .that is not intoxicating absolutely pro- hibited, but is the State itself monopolized by through of a state who agency commissioner, is to3) required (§ all for lawful sale” in the “purchase intoxicating liquors and to State, “furnish the same to such as persons may as to be sold as designated thereof,” thereafter dispensers act. I' am so, unable Conceding i.in.the to see 'of that Federal is provision Constitution Constitution, The thereby does, infringed. indeed, require of each a form of and, in the republican government, section of the first certain article, limitations imposes .tenth action, none of which have any relevancy sta£e as subject Except restricted'by pro- consideration.. visions of this thé several section, so legislatures possess, far as interference the Federal is concerned, government full and, to the legislative in- respect subject powers, are, since of the “Wilson toxicating liquors, bill,” passage untrammelled the Federal Constitution. that the*act the State itself

Granting gives monopoly in' all traffic it is not a in the monopoly ordinary or odious -sense of the term, where one individual or corpora is tion to manufacture or given- which is not right -trade others, but- a open the benefit whole monopoly of-'the of' if people profits which, any, enjoyed the whole peoplein short, sense monopoly same. Post Office and the Department, -.the right carry mails, ais of the Federal Lowen monopoly government. stein v. Evans, 69 Fed. Rep, only objections law which me strike dispensary force ate being the fifteenth and the^ sections, twenty-third, state commissioner to requiring his from

'purchase brewprs and distillers supplies - but even unwise, provision, though perhaps Sftate; to two conditions : first,- shall reach product the standard the act; that such required by and, second, sup ,be plies.'"can purchased cheaply brewers rand v. DONALD.

SCOTT Brown, Opinion: Dissenting J. As this in this State as elsewhere. restriction

distillers at and' all, no restriction only practically incorporates what the law would -without I it, the statute exactly imply no valid to it. see objection if it

But even were conceded this particular provision be so declared in were inoperative, might that it not of the essence case is properly raising question, of the but a mere incident to law, commissioner, power should not effect of have the surely sweeping rendering The main the whole unconstitutional and void. object act and morals of the is health preserve people to them .individual securing pure liquors, prohibiting dealings all such traffic to be carried on such liquors, requiring o'f of the Such methods State. through agencies dealing with this traffic are no means unknown abroad. Indeed, I understand the act to be but the in this coun- reproduction of what is as the known try Grothenberg system.

It is well settled that the entirely unconstitutionality entire statute, will not hivalidate an particular provision of the unless such embodies the main provision purpose it is is so connected with such that statute, insepa purpose rable from the court can it, or, legislature unless see would This not have the act such provision. passed .without doctrine this court. Bank has been affirmed repeatedly Hamilton v. Austin v. The 492; Aldermen, 2 Pet. Dudley, W 694; Indeed, 7 all. v. 95 U. S. Keokuk, Packet Co. held' an act of Tiernan v. 102 this court Rinker, 123, U. S. be Texas, legislature intoxicating liquors, taxirfg far so discriminated imported inoperative only also wines or and that defendant was ; beers engaged refused. an selling injunction properly That the the commissioner purchasing provision manufacture to those of domestic give preference is to me too from the main of the act seems separable purpose clear have That would argument. passed legislature the act without this is shown by conclusively provision this that, fact in a amendment and reenactment general law, made in was omitted. 1896, provision TERM, 1896.

106 Brown, Opinion: Dissenting J. courts to declare an act of

While the legis power it is one of exists, unconstitutional undoubtedly to be lation when bear... brought delicacy,-particularly great In of another one early sovereignty. legislative acts Peck, Cranch, court, 87, Fletcher cases decided by “But'it is not on Marshall: it was said Chief Justice 128, that the conjecture legislature jis implication vague slight its and its acts to have transcended powers, pronounced between Constitu be considered as void. opposition that the feels a clear the law should be such tion and judge their, with each conviction incompatibility strong is the Justice Still more Chief other.” explicit language S. “It cases, in the U. 718: Waite Fund Sinking course when judicial pro our required regular duty, if not within an act void to declare of Congress ceedings, but this declaration of the' United States; power legislative in a clear case. should never made Every possible except of a and this statute, favor of the-validity -presumption a rational doubt. until is shown continues beyond the contrary encroach on the do cannot OrTebranch government of our institu without' The safety of another main danger. on a of this no small strict observance tions degree depend^ rule.”- . salutary to the deal these

I words as' particularly applicable regard of a this court with the .proceedings legislature, ings by their, determine what-is for the best interests right to should be where of their carefully people respected, except conflict, in manifest dominant law. comes Especially witfr carries avoided-which should everything suggestion a . interference action. The manifest vexatious .with state to the future lurk in in which country, of. danger's Constitution, can be averted Federal flexibility only of. between laws as carefully distinguishing- practically the inhabitants of concern only, particular. intended bona for their* and such as are a mere welfare, fide for" ah cannot be discrimination, unlawful subterfuge into effect citizen carried without injustice doing palpable It shouldnot of other States. be overlooked connec- in.this v. SCOTT DONALD.'

Syllabus. tion that this case emanate from complaints citizen .a South who seeks to Carolina, defy his own forward as his excuse the done the puts citizens injustice of other States who make no of her action in complaint If a State cannot her own citizens from prohibit particular. well them at importing liquors, home, buying “Wilson bill” is set. at laws of nought, prohibitory the several States rendered vital inoperative particular. The fact that these were imported complainant’s use own of for instead no sale, raises consumption, question under the Federal Constitution. Both are under the ban the statute.

I am unable to see wherein that section of the dispensary act South authorized the seizure made in Carolina, conflicts in case, with the Federal Con- any particular stitution. did not hear the and took argument

Me. Justice Beewee no decision these cases. part

SCOTT DONALD. THE APPEAL OF THE UNITED CIECUIT COUET STATES FROM FOE ' (cid:127) THE DISTEIOT OF SOUTH CABOLINA. Argued No. 410. October Decided 21, 22, 1896. January 18, 1897. brought against, a suit is claim defendants who to act as

Where officers and, statute, of a of an color unconstitutional commit acts injury plaintiff, wrong property money recover property unlawfully State; in their hands taken them behalf of the compensation proper case, injunction damages; or, or for in a for an prevent injury; wrong or for a like case to mandamus performance plain purely ministerial; legal duty, enforce the of a not, meaning suit is within the Eleventh Amendment to the Con- stitution, an action State. (cid:127) Circuit Courts States restrain a state officer from United will exe- cuting an unconstitutional to execute it statute State when would complainant rights privileges guar- be to violate that had been

Case Details

Case Name: Scott v. Donald

Court Name: Supreme Court of the United States

Date Published: Jan 18, 1897

Citation: 165 U.S. 58

Docket Number: Nos. 411, 412, and 413

Court Abbreviation: SCOTUS