The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1893-01-11
Wednesday, Jan. II, 1898.

Are Charleston, Columbia. spartan.
burg, Lexington and Anderson
Above the Law
The dispensary law provides:
THAT NO license for the sale OF spirituous H.
cipal authorities shall be of any force or effect
after the 30Lh day OF June, 1893. but licenses
may be Issued or extended to said SOth cay OF
June. 1893, upon payment Of one-half of The
annual license required by the municipal and
county authorities in cities or towns, where
such licenses are or may be authorized TO De
issued"
We think the above sentence admits Of no
doubt as to its meaning.
We think the issuing OF license beyond the
S0th day of June can only be declaration ou
the part Of the towns and cities which grant
license for the whole year, as an open def
ance Of the law of the State, which act, as far
as we know, is without precedent In the his.
tory of the State.
These corporations without authority OF
law TO do so, have granted license for six
months beyond the time allowed by law. Do
they propose to break the law, or to disregard
the law. in order to test the power OF the gov
ernment 10 enforce the law.
If the question Of the constitutionality OF
the law is sought to be settled, it is the duty
and privilege of the citizen who may feel ag-
grieved or injured to appeal to the Courts for
q vindication OF bis rights.
But In the act Of the interpretations which
grant license contrary to the express terms OF
the law, there is an open violation Of the law
and defiance OF the civil authorities to en-
force the law Of the State, and II the cities
and towns propose 10 protect the citizen In
the illegal sale of whiskey after the 81. h Of
June, q resort to force viii result, and the
world may not only see whose authority is
superior in South Carolina, but whose force
may be greater. =
II the Governor would command the re-
spect OF anybody he will at least make the at
tempt to close the bars which are kept open
after the 80th OF June.
The opening Of the bars and the violation OF
law are quite laaQ4her thing from making
suit in Court S constitutionall,y Of
law. =; sGsS:
1t may be q ve4y bitter pill for those corpo
rations TO acknowledge the legality Of the
Tillman General Assembly. but It Is
a fact that Tillman and his followers have
legal possession Of the government OF the
State, and, armed with authority and power
TO enforce the law, 1t seems foolish for any
corporation to place itself in open defiance OF
the law. :
Let the citizen test the law to his hearts
content-that Is quite another thing from de-
fiance Of the law.
II the Courts should pronounce the law un-
constitutional, then the law is q nullity, but
until 1t is so declared 1t is insubordination or
rebellion for any corporate body to attempt
to override 1t by their own will and by their
own contempt for law. .-....
Should the Court decide that the law Is un-
constitutional, then IT. would be the duty OF
the Governor to Immediately assemble the
Legislature to enact law which will be Of
binding force, and which will satisfy the
Courts. ...
II has been suggested that Governor Till.
man knows that the law is unconstitutional,
and that In having II so construed he possibly
wants other and further reason for urging the
election Of bread and butter judges.
The question OF prohibition does not enter
now, and is not under discussion.
The dispensary law may be very wicked
and very bad law. but the question as to It's
desirability or undesirability is not under
consideration.
The only question now before the people Is,
Can Charleston and other towns defy the law
OF the State? Have these corporations the
right to say we will obey one law but will not
obey another?
Does Charleston expect 10 use her police
force TO keep her bars open contrary to the
express terms OF the law? II not, has that
city done right in taking money from citi-
zen for license in the exercise Of which 1t
does not intend to protect him?
II the people Of the city Of Charleston, and
the towns propose to bring on conflict be-
tween the government and themselves, they
are entering upon q scheme which will bear
Ill results. Whether the people OF this State
endorse the dispensary law or not. there can
exist but one feeling in the minds OF the law
abiding citizens, who believe that open def
ance OF the law should be suppressed.
In question like this, opposition to !ndi-
viduals is forgotten in the greater and more
important issue. If one incorporated town
may defy the law in any particular, then In
dividuab may follow their example until we
have no law at all, and a time will come
when the weak have no rights which the
strong must respect.