The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1893-10-14
BEGINNING OF THE END,
THE CORE OF THE DISPEN>
SARY LAW ROTTEN.
Judge Hudson Quashes the Indict-
ments in the Liquor Gases Holds
The Lao Uncoastitutional- Vii
There be an Appeal by the State :
Special to The Daily News.

persons anxious to hear the proceeding
on motion to quash the indictments
against the persons indicted for selling
rice beer. Attorney John McMaster,
for the defendants, argued that no
punishment is provided by law for
selling liquor that the penalties are
only against barrooms as common nui-
sauces, railroads for handling liquor
and clubs for dispensing it. The act
does not say whether the offence of
liquor selling is misdemeanor or a
felony and 1t is not within the PROV
ince of the judiciary to classify such
an offence.
LID Melton arr ned that the indict-
ments should be quashed on the ground
that tbe law i;A spt a probibitive ao,
its sole purposes 6eing to raise revenue.
There is no exc, se for calling the law
prohibitive, wi 81 under it liquor Is
cold as beverage
Judge Melton srgued that the law
attacked tbs liberties and rights of
the people contrary to the constitution
1t is not to promote the public health
but to raise revenue. There Was no
necessity or occasi N for the passage
of the law as is shown by the State
going icto the business herself. "Does
this" aaid he "prove the neoe essity for
sweeping away the liberties of q free
psoplef Tell me, If il is ), the inter
est of public safety to bauisb the
drunksrd from the saloon and carry
him 10 his home-to proclaim that
you must take four drinks instead OF
two There is no excuse for the law
IF this law is considered constitutional
l am sorry to say that this State i,
fast Hpprnschins socialism, snnr ch y
and communism. There will rever
be law which nearer spproa ches
communion than this wapton act ol
the legislature Ifthis act can stand
the test then the fanaticaI anarchist
can stand in our legislative halls and
upon the slightest pretence pass law
which has as little justice in it as this,
and. forsootb, say that it is for the
public good and is police regulation ,
If such a law can stand then the
distance between the point whore this
is law and this is not law a, all is not
very far"
In resisting the motion Assista mt
Attorney General Buchanan, 1ur the
State, said that the right to regulate
goes with the right TO prohibit.
South Carolina has always exercised
the right to regulate. At one time
licenses were required; then il was
Limited to incorporated towns. The
law placed restrictions around the sale
Of liquor and less is sold than ever
has been. Less will be said year oy
year. Where the law is properly
carried out drunkenness has been cur.
tailed and crime has been reduced
The law has done good where it ha.
been honestly carried out.
Jud 9 Hudson reserved his decision
The State, Oct. 18th.
1t looks as if the rice beer cases,
brought by the State, may be destin>
ed to be rocks upon which the dis.
pensary ship will 90 to pieces. The
argument of the cases before Judge
Hudson, on the motion to quash the
indictments, upon the ground of the
uncoDstitutioEslity of the law and the
insufficiency of the indictments, hat
already been given. Yesterday when
the court convened, Judge Hudson
rendered one of the most powerful
verbal decisions, so leading attorneys
who heard it says that has ever been
heard from a cir9ait judge, sustaining g
the points OF defense, and quashiDg
the indictments.
This. however: is but the first step
In these cases, Inasmuch as the attor-
neys representing the defendants will
only ask for the discharge of the prjs-
oners upon rocognizsnce to await the
result of the appeal to the State vii
doubtless take at the earliest possible
moment. Such an appeal will carr,
thedispensary Law once and for all ~
to the higher court, squsrely On its
merits, and the question Of the consti
tutionslity must be passed upon. 1,
has been slow work to get the matter
10 such form that this could be done,
and f,hs Soprsme Court sustain,
Judge Hudson, as q great many lead
Inn la1vaya 10 ,hn. H. Tx-..i..