The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1893-07-14

stitutionality Of the dispensary oct. ior IL
does seem 10 us to be clear aud impartial
result of a deep aad well digested research
in a case frought with more Importance to
the people Of South Carolina than any |
o,her question they are now considering.
nc can only give our readers few OF
what we conceive to be the most pointed
and substantial Ioiuts in Judge Hudson's
decision:
Can the act Of 2ith December, 1892, now
under consideration, be sustained as coming
within the police power of the State!
Insofar rs it prohibits the manufacture
and sale Of intoxicating liquors in this State.
it can. This question has long been settled.
by the courts Of the States of the Union,
and recently in express terms by our
Supreme Court.
But the vital question is whether it is
constitutional for the Legislature to confer
upon the government OF this State, or any
| branch thereof, the exclusive right to trade
in Intoxicating liquors and maintain the
same from the treasury of the State? Can
| that body divert the taxes of the people
| from tho legitimate purposes of government,
| and invest the money in the trade and
traffic in intox cating liquors to the exclu-
| sion of the right Of the people to deal there.
| in?
There is no warrant in the Constitution
for the creation Of 80 gigantic monopoly
| in any private individual or association OF
individuals. The attempt 10 erect such
monopoly would very Justly alarm and out
rage the people, and would not stand the
test of law To confer upon an individual
| or corporation. under wholesome rules
and regulations, the exclusive right to sell
| intoxicating liquors in the State OF South
| Carolina would be unconstitutional not
because such a grant is prohibited expressly
| by the Constitution, but because it is against
| the genius and spirit Of all free governments,
| and it is in violation of the common law
rights of the people, as handed down TO us
| through the Magma Charta of King John,
and which form the web and woof and warp
| of our fundamental law and individual
rights Had the Legislature of Louisiana
conferred upon the slaughter house corpora
ton of seven teen individuals the exclusive
| right to erect and maintain slaughter houses,
| cattle pens, wharves and landings through
| out the entire State, instead of the parishes
Of Orleans, Jefferson and st. Bernard, the
act could not have been sustained by the
courts under the police power Of the State.
Such monopoly would haze Il been ipI%9blSss, ppg9bls,,
| UNCONSTITUTIONAL null and void.
| Such has been the law of England since
the argument Of the celebrated case of
monopolies in the reign of Queen Elizabeth,
reported in Code IL, page "a, and which led
to the statute of 2lst James l, prohibiting
monopolies, and forming now q part Of the
common law of this State.
Now, can the Legislature of South Caro-
lima confer upon the executive department
of the State gov ernment the exclusive right
| TO buy and sell liquors in the State? Can
1t eDgratt upon thai, or any other branch Of
| the government, the character of trading
establishment or mercantile house, and con-
fer upon it the monopoly of the liquor traf
hc, or of any other brauch of commerce?
The Constitution does not give the power,
but by necessary implication denies it.
Traffic, commerce, industrial pursuits, the
acquisition of property, the rights of Thugs
and of persons, belong to the people as
primordial or inalienable rights. 10 secure
and protect The people IN these rights is the
province of government These rights do
not spring from government, but the gov
ernment is created by the people to protect
them in life, liberty, property and the pur
sit Of happiness. The first Article of our
Constitution contaius the Declaration of
Rights.
Section % of our Declaration Of Rights
is as follows:
Private property shall not he taken or
applied Tor public use, or for the use OF
c"rfofatoes. or for private use, without the
consent ot :h2 ca ownera just compensa-
tion being made therefor '-proviso being
added as to the rights of way The closing
section of the Declaration Of Rights is as
| follows:
| sec 4l-Ihc enumeration of rights in
tyis Constitution shall not be construed /.
| impair or deny others retained by tho peo-
| pie, ana at Powers not hcrcm deicyatsd re-
ma" s'm Tie people,
II the Legislature can confer upon the
government of South Carolina the exclusive
right to sell intoxicating liquors throughout
| the State under the implied grant of the
police power, then certainly it can confer q
like monopoly in the sale of drugs, tobacco.
commercial fertilizers, powder aud explo-
sivcs. meats, vegetables, mineral waters
provisions, milk. butter and an indefinite,
number OF articles of lawful trade and COM
merce; all under the plea and pretence of
exercising police power over the people.
Laws now exist for REGULATE ,g the sale of all
or nearly all these articles, and the right 10
monopolize he sale Of one implies the right
10 mohopol:ze the sale Of each and ALL This
mas never been done by any constitutional
government IN ancient or modern days, SO
lar as know and not even by despots.
CONFEDERATE THANKS TO Mrs. GRANT
Ne" loIk, July "a special TO the World
from Lrkclane, Fla, says the Confederate
veterans Of Polk county, Fla. have organized
Francis 5. Barlow Camp of Confederate Vetc-
rams During The meeting the following
resolutions were offered by Perry NJ. Delcon,
an eX-Iohfederate naval officer, c,rdiollv |
seconded ny many and unanimously adopted: |
"HeSolc~, That Faancis s. Barlow post |
united Confederate veterans present their |
compliments to Mrs. IT, S. Grant and desire |
10 express their grateful appreciation of her
recent graceful acts OF courtesy to Mrs. JEFF
ferson Davis, widow of our lamented chief
"heSotVea, That this action on the part of
MIS- Grant touches the hearts of our people
ana evlnces the fact that the historic PRAYER
oi her great husband, Let US have peoce
mas indeed become n reality and announces
10 The world that we have once more n uui,cd
an" harmonious country wherein the bitter
ness Of the Iast mas been forgotten and
III nutna' respcct and sympathy exists.
'TtSof"cd, That Il copy Of these res ,lutiops