The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1893-10-24
THE DIsPENSARY PENALTIES.

UOVernOr l1linan discusses the Re
cent Unfavorable Decisions--He
Expects the Legislature to Remedy
the Defects.
Since Judge Hudson rendered his
decision holding that man could not
be prosecuted under the dispensary
law, aside from all questions as to the
constitutionality of the act, because
there was no punishment provided in
the act to be inflicted upon u man
found guilty OF its violation, Judges
Gary and 1zlar have fallen into line
and have turned men loose upon
identically the same grounds. Three
OF the circuit judges agreeing on the
same question it is reasonable to pre-
sumo that all others will act likewise
and that the peculiar condition OF
affairs will exist in the near future,
that no man can be punished for the
violation of the act, making it practi-
cally dead letter.
The Governors attention was called
to the matter yesterday and he did
not hesitate to express himself in his
usual emphatic manner. What he
said indicates that when the General
Assembly meets, much time is going
to be devoted to the work of remodel
ing the law so that it will cover every
possible contingency of this kind so
that he will have power that he has
not now to enforce its operation; SO
that there will be nothing in it to in
terfere with the operation of the
system according to his ideas. In
regard to the matter in hand he said :
well, 1 can't help it If the judges
and solicitors don't know the law.
to the public the other day, providing
for punishment of parties convicted
where no other punishment is provided,
seems to me to cover the case were
there nothing else. AS far as this is
concerned there is no specific punish
ment provided for felony the law
simply fixes limit and leaves the
punishment to the discretion of the
presiding Judge. But there is this
2lst section Of the dispensary law. II
it covers anything it covers any con-
viction for the selling Of liquor under
the dispensary law. When it was put
in the act it was put there with that
intention and its meaning is clear
enough to any one. Read the section
Section 21. Every person who
maintain, by himself or by associating
in any manner aid, assist or abet in
keeping or maintaining any club room
or other place in which any intoXica-
ting liquors are received or kept for
the purpose of barter or sale as q
beverage, or for distribution or division
among the members, of any club or
association by any means whatever,
and every person who shall barter,
SELL or assist or abet another in bar
tering or selling, any Intoxicating
liquors 80 received or kept, shall be
deemed guilty of Il misdemeanor, and
upon conviction thereof, be punished
by fine Of not less than 800 nor more
than $500 and by imprisonment in the
county Jail not less than ninety days
nor moro than one year.
lone must strain himself to try and
confne this section to clubs. Why he
microscope to find the hairs in order
to do it. The decision of circuit
Judge is worth nothing till the Supreme
Court passes upon it.
1--WE intend to have this matter test
ed, however, as soon as possible in the
State Supreme Court. We have al
ready appealed from Judge Hudson's
decision, but the constitutional ques
tion is primary there, and we want 8
simple test case of this. Accordingly
we have just instructed Solicitor
Hough to take an appeal at once from
Judge Gary's decision in order to gel
such test.
But this will not be necessary foi
the final successful enforcement of the
law, no matter how the Supreme Court
decides, for the Legislature can, wher
it meets next mCnth, declare the
meaning Of that section of the act, and
define its purpose so clearly that nj
circuit judge can get around it. This
will not be an ex post facto law ant
consequently can, apply. to all those
parties who have been released or wht
will be released between this and tht
time the Legislature meets.
81 would say, too, that when thu
Legislature gets through remodelinl
the law it will be strong enough ant
full enough for anything and any one
They will make it so plain, and close
and tight, that flea won't be able tt
hop through it's meshes, much less {
| man. The State.