The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1893-10-25
TILLMAN ON THE Law.
Overrules the Judges and Solicitors but
Says the Legislator g will Fix the
Dispensary Affair Anyway.
THE State.7


Since Judge Hudson rendered his de.
cision holding that man could not be
prosecuted under the dispensary law,
aside from all questions as to the con-
stitutionality Of the act, because there
was no punishment provided in the
act, to be inflicted upon man found
guilty of its violation, Judges Gary and
Izlar have fallen into line and have
turned men loose upon identically the
same grounds. Three of the circuit
judges agreeing on the same question
it is reasonable to presume that all 9TH
ers will act likewise and that the pc
cuiiar condition Of affairs will exist in
the near future, that no man can be
punished for violation of the act, max
ing it practically a dead letter.
The governors attention was called
to the matter yesterday and he did not
hesitate to express bimself in his usual
emphatic manner. What be said in
dicates that when the general assembly
meets much time is going to be devoted
to the work of remodeling the law so
that it will cover every possible contin-
gency Of this kind; so that he will have
power that he has not now to enforce
its operation; 80 that there will be no.
thing in it to interfere with the opera
ton Of the system according to his
ideas. In regard to the matter in hand
be said:
"Well, I can't help it if judges
and solicitors don't know the law.
That section which Buchanan quoted
to the public the other day, providing
for the punishment of parties convicted
where n other punishmentis provided,
seems to me to cover the case were
there nothing else. AS far as this is
concerned there is no specific punish
ment provided for a felony; the law
simply fixes a limit and leaves the pun
ishment to the discretion of the pre-
siding judge. But there is this 2lst
section of the dispensary law. If it
covers anything it covers any convic-
ton for the selling of liquor under the
dispensary law. When it was put in
the act it was pat there with that in
tention and its meaning is clear enough
to any one. Read the section:
"Section 81. Every person who shall,
directly or indirectly, keep or main
tain, by himself or by associating or
combining with others, or who shall in
any manner aid, assist or abet In keeping
or maintaining any club room or other
place in which any intoxicating liquors
are received or kept for the purpose Of
barter or sale as beverage, or for dis
tribution or division among the MEM
bers of any club or association by any
means whatever, and every person who
shall barter, sell, or assist or abet an
other in bartering or selling, any in
toxicatiDg liquors SO received or kept,
hall be deemed guilty of a misde-
meanor, and upon conviction thereof,
be punished by fine OF not less than
S100 nor more than $500 and by i'm.
prisonment in the county Jail not less
than ninety days nor more than one
year
Zone must strain himself to try and
confne this section to clubs. Why he
would have to split hairs and then get
a microscope to find the hairs in order
to do it. The decision of circuit
Judge is worth nothing till the supreme
court passes upon it.
"We intend to have this matter
tested, however, as soon as possible IN
the State supreme court. We have
already appealed from Judge Hudson's
decision, but the constitutional ques-
ton 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 test.
"But this will not be necessary for
the final successful enforcement of the
law, no matter how the supreme court
decides, for the Legislature can, when it
meets next month, declare the mean
ing of that section of the act, and de-
fine its purpose so clearly that no circuit
Judge can get around it. This will not
be an ex post facto law and conse-
quently can apply to all those parties
who have been released or who will be
released between this and the time the
Legislature meets.
II would say, too, that when the
Legislature gets through remodeling
the law it will be strong enough and
full enough for sngthing and any one:
They will make it 50 plain, and close,
and tight that dea won't be able to
hop through its meshes, much less a
man,
All the Family Doing Well.
I(Ialveston Daiiy NeWs.1