The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-07-18
Failed in the Start.

Inc experiment IN state liquor dealing,
attempted in South Carolina, appears
likely to fail at the start. The law under
which private establishments have been
compelled to shut down and the state has
assumed the role OF wholesale and retail
dispenser of the fiery liquid, has been
pronounced unconstitutional.
Particulars of this measure have been
given il The HERALD, and doubt ex-
pressed 40 to the right OF state to make
a monopoly OF this more than OF any
other business. Judge Hudson has de-
clded that The legislature cannot engraft
upon any branch OF the government the
exclusive right 10 buy and sell liquors in
the state. If this were permitted a like
monopoly could be conferred as to all
articles of trade and commerce. He saws
that this dispensary law is "a usurpation
of power, a perversion of the ends and
aims and principles of republican govern
ment."
We are of the opinion that on appeal to
higher courts this decision will be
affirmed. Governments, whether NUM-
cipal, state or national are not established
turing or mercantile pursuits. And if they
can sell and manufacture liquor to the
the exclusion of all competitors, they can
destroy all private trade and industry,
and run paternaiism to a greater extent
than has ever been exercised by an abso-
lutte monarchy.
Governor TILLMAN is determined to
Ian lou To 4ba
Supreme court. He claims that differ
ence exists between the traffic IN liquor
and ordinary business concerns. The
police powers OF the state. he says, are
involved in this question; that by licens-
ing the traffic the state virtually controls
it, and this is only an extension of the
same principle and power.
That this is an erroneous view of the
subject Is not difficult to determine. The
police powers Of government in reference
to the liquor traffic are only exercised to
regulate and restrain it, or, as in some
states, for its entire suppression. That is
altogether differentfrom engaging in the
business. And ii the issuance of license
implies the power to carry on the bust
ness thatis licensed, it will apply to every
branch OF business for which license is
issued.
Governments ought to be limited to
there legitimate sphere. They have nc
right to encroach upon the domain Of
private enterprise. If the liquor traffic is
au evil calling for suppression or restraint,
tie voice OF the people will indicate the
course which the government is to take
concerning it. But entering into traffic
which is to be restrained as an evil, is
certainly illogical and a great stretch Of
power, and the law under consideration
appears to be in violation OF the four
tenth amendment TO the Constitution OF
the United States as well as the Bill Of
Rights of South Carolina.
The druggists of the state cannot COM
pound certain medicines without alcohol
Nor can they sell alcohol in any form
without government license. But the
dispensary law of South Carolina makes
the possession of United States revenue
license prima facie evidence of violation
of that law. Here is another feature in
the controversy which is likely to bring
the national and state authorities into
conflict, if the law is enforced with the
vigor which the governor announces al
his policy. The probabilities are that
the state law will have to give way, anc
South Carolina viii have to devise some
other plan by which to regulate tn,
traffic in intoxicants