The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1893-10-14


IN the matter would seem to ba a
nardship, Tor In certain counties IN
the State men arc to lie prosecuted in
the next few weeks and will probably
have to go to Jail, whereas in cerlsin
counties where the issue has been
squarelY raised, hers cha, ged with
the came offense will not have to ui>
fer at oil. II, is curious condition
OF a1airs-one that probably never
existed beforehand a speedy settles
ment OF the whole thing seems to be
but simple Justice.
The following is the full text of
Judge Hudson's decision
II beg to say to counsel arguing the
case Yesterday, in which parties were
charged with selling liq ,or, that I
devoted last night to careful examiu
nation of the authorities contained in
the books and in the written arpu-
ments submitted to me, and have ar,
rived at conclusion, but / have not
had time to reduce to writing the rea.
sons for the conclusions which | have
reached. But inasmuch as il ia neoes-
sary that conclusions should be an.
nounced as soon as possible so as to
determine what disposition is to ba
made Of those cases upon the docket,
will announce them now, and will, as
soon as practicable, give my reasons
therefor.
"Iu the first place, whether these
indictments shall be considered az
drawn for the violation of the socalled
oispensary law, or whether they
should be indictments against the law
as it previously stood is imma,erial,
30 far as our view Of the case may 90.
"The indictments are fatally d.fec>
tive, whether drawn with referenc, TO
the previous law or with reference to
the dispenssry law. The allegation in
the indictment are not sufficient; i. ia
just a naked ale cation that the defen
dint is guilty Of selling Intoxicating
liquor contrary to the form of the
statute, That g not sufficient. 1t j;
necessary thnt tho purity snail be pu.
tifed OF the time, place and person tc
whom the sale was made. Every one
charged With the crime has the rigbI
to be Informed Of The exact nature o.
the charge, the time, place and cir.
cumstances under which the alleged
erime was committed. These indict.
ments do not contain such allegations
and had they been preferred against
the defendants before the enactment
OF the dispensary law they would have
fallen under motion TO squash. AT
the present time, supposing the dispen
sary to be valid and in full force, the
same objection applies. and the lsdic,
ment would haye to be quashed.
might stop here and say no more, hut
in doing 80 would not discharge nv
duty as judge, because the parties
are entitled to have their motion pass
ed upon for reasons assigned therefor,
and it devolyes upon me, therefore
to meet the responsibility and to de-
termine the whole question now. Ad
mitting for the rake of argument tha,
the dispensary law is constitutional
1t is an anomaly which would not be
discovered from casual reading of The
act, but IL nevertheless exists that fo,
the single act Of retailing no pusish.
ment is prescribed in any OF the va.
rious sections. Punishment is provid,
ed against this violation ln certain par
ticulars not necessary now to euumer.
ate, but in no section of the act ia any
punishment. prescribed for the sing e
act of retailing.
| The repeating clause of the dispsu.
Sary act destroy sail previous systems,
reYokes every statute passed upon the
subject of retailing, and prescribes es-
peclally that for violation of it the
party shall be punished according to
the provisions of the dispensary Law.
30 we cannot seek for punishment,
canont seek for penalty IN any previ-
Gus existing act. if the dispenssry acl
should stand. 1t isa singular omis-
sion. and one that is fatal in the in,
dicsment formed as these 10 ndictments
are, even il they were framed with
more particularly. Iftbe time pisce
price and the person to whom sold
was set out in the indictment, we must
look TO the dispensary act alone for the
punishment, and strange to cay there
| ls none there--a statute fofbiddio o. the