The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1893-10-25
What TiIlmnn Says.
The State.

Since Judge Hudson rendered his decision
| holding that man could not be prosstculet
under The dispensary law, aside from al
questions as to the constitutionallly OF thu
net, because there was no punishment pro
vIded in the act, 10 he inf icted upon u mar
found guilty OF It's violation, Judges Gary
turned men loose upon idenllcally the same
grounds. Three OF the circuit Judges agree
Ing on the same question II Is reasonable it
presume that all Others vii act likewise anc
that the peculiar condition Of affairs vii
exist In The hear future, that no man can bt
/ punished for the violation OF the act, max int
| IL practically dead letter.
The governors attention was ca,led 70 tnt
matter yesterday and he did not hesitate tC
express himself In his usual emphatic man
ner. What he said indicates that when the
| General Assembly meets much time Is going
to be devoted To The work OF re'nnde,ing the
| law so that 1t will cover every possible cIn
gency of this kind so that he Will have
rower that he has not now TO enf,ice its
opera lion so that there viii be nothing III
1t TO interfere with the operntion OF the sys
tenn according to his idear. In regard to the
matter in hand he said: well can't heiI
| 10 Judges and solicitors don't know the law
That section which Buchanan quoted TO the
public the other day, providing Tor punish
inent of parties convicted where no other
punishment is provided, seelnsto TO me 10 Gov
er thecase were there IL nothing else. AS fal
as This In Concerned there Is no specified
punishment for felony; the law simply
fixes a limit and leaves the punishment to
the discretion Of the presiding judge. But
there Is this 2lSt section ofthe dIsprnsary law
If 1t covers anything II covers any convic'
tion for selling of liquor under the dispen.
sary law. When 1t was put In the act IL was
pui there with that intention and Its meaning
/ il clear enough to any one. Read the
| section:
"section q. Every person who shall,
directly or Indirectly, keep or MAINTAIN, by
himself or by associating or combining with
Others assist or abet In Keeping or maintain
| - It tnh
any intoxicating liquors are received or
kept for the purpose OF barrier or sale as q
beverage or for distribution or division
among the members of any club or associa.
person who shall barter, sell or assist or abet
another in bartering or selling. any
kept. shall be deemed guilty of a
punished by q fine OF not less than Sl0O nor
more than $500 and by imprisonment In the
county jail not less than nlnty days nor more
than one year.
"One must strain himself 10 try and con.
fine this section to clubs. Why he would
have TO split hairs and then g"t microscope
10 find the hairs In order 10 do IT,. The
decision OF the circuit judge Is worth moth
IL.
ave intended to have this matter tested.
however. as soon ak possible In the state
supreme court. We have already appealed
from Judge Hudson's cision, but the con-
stilutionnl question is primary there. and we
want 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 get such a test.
But this will not be necessary for the final
successful enforcement of the law, no mat.
Ter how the supreme court decides for the
legislature can, when II meets next month,
declare the inca ming of that section Of the act,
and define its purpose so clearly that no cir
cult Judge can get around II. This will not
be au eXpost fncto law and consequently can
apply TO all those parties who have been
released or who will be released between this
and the time The lepisluture meets.
81 would say, too, that when the legislature
gets through rcmndcling the law IL will be
strong enough and full enough for any
thing and any one. They will make 1t SO
plain and close, and tight, that flen won't
be able tohop through It's meshes much less
man."