The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1893-10-18
the money raised by taxation from the
people to those purposes which are not

the money raised by taxation from the
people to those 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.
It is wanting in the elements Of police.
Neither can it rest upon the reason for
which general prohi5itory law is sup
ported, because it is not in any proper
sense of the word a general prohibitory
law. It is not intended to be general
prohibitory Law. It is merely trans
ferring from the citizen to officers of
the State the traffic in intoxicating
liquors; hence the dispensary feature is,
in my opinion, unconstitutional, and
in 80 saying 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 as it
appears, that the Act is against the
fundamental law of the land, it is not
only the right, bat the duty, Of the
Court to say 30. The Court is organ
lied for that purpose amongst other
purposes of the general administration
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 other respect be sus-
tanned or must it fall?
ut is q well-established principle in
the Interpretation of statutes that
where there is in the enactment Of
law one main, overruling object in the
minds of the legislators and every other
provision of the Act Subordinate there
to looks to the securing and the attain
ment of that one main object, il that
main purpose falls then the whole Act
goes, because the Legislature would
not have passed the Act but for the
accomplishment of this main object.
"The main object Of the Act here Is
the transferring to the authorities OF
the State the exclusive sale of intox-
icating liquors, and in order to secure
that exclusive right various limita-
tions, restrictions and provisions are
enacted affecting the citizen, common
carriers and all members of society.
The object is to secure the integrity Of
the dispensary feature. If the dispen-
sary feature falls, if it is uneonstitu-
tional, the whole object Of the Legis.
lature is defeated and the whole Act
in its details falls to the ground. That's
the view take of the law after hear
ing the able arguments delivered yes
terday by counsel on both sides, I will
SO hold, and for that as well as the
technical grounds I will quash these
indictments.
"Let the order be prepared, and I
will file with the order my reasons
therefor as soon as can reduce them
to writing"
If the entire Act is thus null and
void its repeating cause is likewise in
effectual, and leaves;the law as 1t pre-
viously stood on the statute book. The
counsel in the cases will wait until
Major Townsend or Mr. Buchanan is
heard from before orders are asked for.
Hentz Jacobs will probably be released
on his own Tecognizance. Judge Hud-
son declined to sign an order dismiss
ing him. The appeal feature Of the
case will now be eagerly watched.