The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1893-11-17
.--r. -..LnUsrs DIpPENsARY ACT
- uECIsI0N.

The blowing Is the full text Of Judge
wallace's decision in tho case az the State
v.. .1s!::: y Dopnell, delivered at Anderson
last week:
The question as TO the constituiionality OF
the Dispensary Act hss been much discussed
In the State, and has developed considerable
diversity Of opinion In regard 10 IL. Some
able and learned lawyers hold one opinion,
and others equally rs able and learned hold
{ q d iberent opinion. have ny cwa :E.ca
wnion "iii proceed TO announce without
hesitation or delay.
. I. Tho motion was to quash the indict-
mcnt because, first. the Act provided no
punishment for selling liquor without a
license. may say, IN passing. that the
words .'without license" contained in the
FIRST count are mere surplusage, and the
offsnse charged is that of selling liquor.
At common law crimes are divided into
two c'asses, namely, ndia IN Sc and matd
prohiJita. To illustrate, We have no statute
declaring murder 10 be q crime, or rape, or
arson, or burglary. These crimes are de-
scrib.d and punishment provided for them
They belong to the class described as mdtd
in @. When the commission of an act Is
prohibited by statute, IL elOngs TO the class
Of maia prohibdo. The commission of an
Act prohibited hy statute is an offensc be-
cause IL Is "a viola ion OF law.
Tho ofense charged is prohibited by The
Dispensary Act, and thus to sell liquor be-
comes n violation Of law, and is, therefore,
nm cffense No offensc created hy statute
is felony unlo.s it is 40 declarej. There
fore tho selling Of liquor in violation OF
Sect on Of tho Dispensary Act is mis-
demesnor, and ~ punishable, If not by any
penalty provided in said Act, then under the
provisions of tho statute, Sec'ion 26o3,
Revised Statutes
.:Scotion 1865. in case OF legal conviction,
where no punishment Is provided by sta ute,
the court shall award such sentence rs Is
--c0nf0r ssable to tho common usage and prac
: tice In this state, according TO the nature OF
the offense aud no, repugnant TO tho Const :
tuition"
nm, therefore, of the opinion, aud s'
hold TINT the of'ense MS charged is punish
.blc under the section ! have just quoted
2. The next ground was that Section p
of the Dispcnsary Act, under which th'
indictment is framed, relates only to ih'
snle or disiribut on &C LIQUORS k"r. - viuu'
or associations for The use of the members
The section referred to reads NJ follows
"Scc. q. Every person who shall di
rcctly indirectly, keep or maintain, by
himself, or by associating or combining with
othcrs, or who shall in any manner aid
club room or other pace in which any IN
toxica'ing liquors nre received or kept f''
tho purpose of barter or sale as n beverage
or for distribution or division among The
members Of my club or nSsoci 'tion, by nny
means whatever, and every person who
shnll barter, sci, or assist or abct another
in bartcring or selling any intoxicating
liquors so received or kept, shall hc deemed
gui ty Of o misdcmcnnor, aud upon clnvic
lion thereof be runisho by II fuc Of not
less than ono hundred dollars nor NOR,
ti,nu fve hundred dol'ars, and Ivy impriSon
mcnt in the county Jail not less than ninety
days nor mere than ono year,
IL is clear that this section does not con
fine its provisions TO clubs md associations
but includes the receiving and selling liquor
in ''any ether place"
3. The third aud last ground, and the
main ground. is that the Dispcnsary Act Is
unconstitutional And the argument under
tins b,anch is concerned chiefly with the
purpose Of tho Act, and tho question rs tc
the police power Of the State.
There sern,s TO be some confusion regard
ing the important distinction between th'
Federal Constitution and tho State Coustitu
ton. Thcy are essentially different i'll ihei'
nature. Tho Constitution Of tho Unite,
States confcrs upon Congress certain well