The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1893-10-17

II
| dictment framed as these indictments
are, even IL they were framed with
more particularity. If the time, place,
price and the person to whom sold was
set out i'll the indictment, we must look
TO the dispensary act alone for the pun
| ishment, and strange to say there is
none there-a statute forbidding the
doing of an act, but at the same time
prescribes no punishment therefor is a
nullity unless that offense was forbid
den by common law; in that event we
could resort to the common law for
punishment and the indictment could
be drawn under the common law; but
1t Is not common offense, and for it's
punishment we are obliged to look TO
the statute, and if none is there pre-
scribed then the enactment becomes as
to that offense null and void. This
upon the suppositiOn that the dispen-
sary law is constitutional.
Now the question arises as to the
constitutionality of the act, because
the motion to quash is based upon that
ground as wcll as upon the defects in
the Indictment.
ut has fallen to my lot to adjudge
heretofore that the dispensary feature
sarles throughout the State, is uncon-
stitutional and my reasons therefor
were given. 1 will not repeat them
here. say my opinion remains un-
changed, and in fact is more confirmed
than ever as to the unconstitutionality
OF the act. Broadly, would say upon
the ground that the government of the
State has no right to engage in the
traffic of any known articles of NOR
chandise and trade-no right to devote
the money raised by taxation from tho
people to these purposes which are not
governmental. The dispensary law
cannot rest for its foundation upon the
plea of the exercise Of police power of
the State. 1t is wanting in the ele-
ments of police. Neither can it rest
upon the reason upon which a general
Prohibitory law is supported, because
1T Is not in any proper sense of the
word general prohibitory law. 1t Is
merely transferring from the citizen to
an officer of the State the traffic in in
toxicating liquors, hence tho dispen-
sary feature is in my opinion uncon-
stitutional, and in SO saying, 1 fully
appreciate the grave responsibility
that rests upon judge. Every act OF
the Legislature must be maintained by
the courts, and must be enforced by the
courts, unless it is manifestly against
the fundamental law of the land, and
whenever that question is presented to
the court, and it appears that the act is
against the fundamental law of the
land, 1T is not only right but the duty
Of the court to say so. Tho court is
organized for that purpose, amongst
other purposes of tho general admins
tratiOn of the law.
"Then comes the grave question, If
the dispensary feature of that act is
unconstitutional, what remains of it?
Can the act in any other respect be
sustained, or must it fall
"It is a we'll established principle in
tho Interpretation of statutes that
where there is in the enactment of a
law one main, overruling object in the
minds of the Legislators, and every
other provision of the act is subordi-
nate thereto, looks to the securing and
tho attainment of that one object-if
that main purpose falls then the whole
act goes, because the Legislature
would not have passed the act but for
the accomplishment of the main object
OF the act. The main object of the act
here is the transferring to the authori-
ties of the State the exclusive sale of
Intoxicating liquors, and in order to
secure that exclusive right various
limitations. restrictions and provisions
are enacted affecting the citizen, com
mon carriers and all members of So
ciety. The whole object is to secure
the integrity of the dispcnsary fea-
ture. If tho dispcnsary feature falls,
If it is unconstitutional, the whole OBJ
ject of the Legislature is defeated and
the whole act in it's detail falls to the
ground. That's the view ! take of the
law after hearing the able arguments
delivered yesterday by counsel on both
sides. will so hold, and for that, as
the technical grounds, will quash
these indictments.
t" Let the order be prepared, and
will file with the order my reasons
therefor as soon as 1 can reduce them
to writing.
" If the entire act is thus null and
void its repeating clause is likewise
Intellectual, and leaves the law as it
previously stood on the statute book"