The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1893-04-13
THE LAW ALL. RIGHT.
Advice of the Lawyers to the Liquor
Merchants.

! AuNAce OF the Lawyers to the Liquor
| Merchants.
CHARLESTON, s. G., April 6.--It
was rumored all over the city yesterday
that the eminent counsel retained bv the
te Ii quor Dealers Association had
uuited in signing a brief which in effect
ad:ised the Liquor men against whole
sa C resistance to the State dispensary
law, which goes into effect on the first
Of July.
1t was known that q meeting of the
executive committee Of the Association
was to be held last night, and Reporter
Tor The News and Courier called up.
Capt b. Mantoue, the chairman, d
asked Tor copy OF the opinion for pu:
llcation. This Capt Mautoue decline /,
s.ymg that such action on his part
would be unauthorized as we'll as i'm
proper. He said, however, that he had
no objection to stating that counsel had
advised the liquor dealers. in view of
the penalties of the Act, which aimed at
the couliscatlon OF the property invested
IN the business, and which involved 80
much, that the Act should be generally
observed, except in 80 far as might be
o.'""nS hcCeHo'l NY w LcSI lIS COnSLlJu-
tionallty.
THE OPINION.
This much is official. 1t was learned,
however, allunde, as the lawyers say,
that The opinion was read al the meet
ing OF the committee last night. It ap-
pears that the counsel had conference
on Tuesday, when the opinion was read
% them and signed. The counsel in the
case are Mossrs Slmons, Siegling s.
Cappolmann, j. N. Nathans and Mitch
ell Il Smith, of this city and Mr. Jos II,
Earle, OF Greenville, who was in the ci-
ty on Tuesday for consultation. The
conclusion to which the counsel arrived
is summed up IN the followin
|. We advise your committee, and
through you your associatest) prepare to
meet the statue as valid and constltu-
tonal, and that on and after the lst of
| July, 1898, 1t will be enforced.
2. In view of the heavy penalties
and punishment pres cribed by the stat.
ute we cannot advise you to continue
sc ling alter the first Of July, 1893, but
on the contrary, advise you to comply
with the terms Of the statute until it has
first been adiudgod invalid.
). TO test the question Of the coust-
tutlonalltY OF the statute on the point OF
Federal prohibition OF Discrimination
we advise that proper proceedings b.
taken to test that question. but tha
pending such proceedings and the deter
mlnatlon LiAoruGt the provisions Of tn,
Act be carefully observed.
The statute; 80 far as we eau see, ca,
> only be tested after the 1st of July, io3;
by the attempt OF the State or any c
7 Its officers to seize and sell liquors man
} ufactured in another State, and EXPOSED
for sale here by someone who has oh
tanned and holds a license to sell liquor
for the whole year.
From this it would appear that th,
law will not be contested till it is pu
into operation on July l next. That or
that date some one OF the liquor dealers
who has license for one year from
county and city will be selected to make
a test case, and that the others will
close up their business. Should the
State barkeeper "seize or sell liquors
manufactured in another State and ex.
posed for sale in this State by someone
who has lcense for the whole years
that case will be mado test case, (tor
the United States Court probability and
the matter will be held in abeyance
I'LL the questions arc settled. This will,
in the usual order of things, and sup
posing it ls carried to the United States
Supreme Court, take year, possibly
two years.-News and Courier.