The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1893-10-14

10 'oSf 80 upio obNhuSHt
than ever asNo the nnconstitvtionalty
OF the act. broadly, l wnuld say
upon the srou u that the @ vernment
Ct the State h. Sso rieh, to- engage in
the trsffic of enH Known sr ic'es cf
merchandise and uSne No rich,
der ole the mDpet raised nv taxation
from the penpls, to, 'h,se purposes
which are not yo.3ls:.aental. The
dispensary law o9t rsst for iis
foundation upon Ge plea IF ,bc exer-
cises Of rlice pover.or the State It
is wanting in the lemen.s of police.
Neither can IT rea upon the reason
upon which genI Iral prOhibitory law
is supported, becsis il is not 10 any
proper sense Of tR word n general
prohibitory law. It Is merely trans,
f ring from the ctizen o an ,fficer
Of the State the tSafiic in iGtoxi icating
liquore, hence the Iltspenssry feature
40 -" ny ''io'Op qHCOEst'IutloHH!, anu
10 SO saying, l fu ly appreciate the
grave responsibility that rests upon
Judge. Every act ohheLogislsture must
bemaintsiued by.to courts, and must
be emf reed by The courts unless il
is mauifestly against the fuudamen tai
law Of the land ,rSsl whenever that
question ia preGtntrG t. the court,
and i. appear ,hGt .iner act i.-ssain.t
the Fundamental hw of the md, il il
not only right but the duty ot the
court to say so. The cou,t is or ganiz.
ed for that purpos2, amongst other
purpose Cftbe general administration
Of the law.
"Ihen comes the grave quest on, il
thesdlspcnsary feature of that act is
unconstitutional, what remains of il
Gan the act in any other rsspecs he
sustained, or must it fall
at is we'll established principle in
the Interpretation of statutes that
where there is in the enactment of q
law one Naiu, everything object ir
the miRds of the Legislators, and every
other provision OF the act is subordi
nate thereto, locke ta the securing ant
the attainment ofthat one OBJ ect If
that main purpose ,FaHa then the whole
act goes, because .he I.osislstur,
would not have passed the act but fo,
the accomplishment-of the main oblec
of the act. The main objec Of III,
act here is the transferring to the n
thorities of the State the exclusiv,
sale OF intoxicating liquors, aud in
order to secure that exclusive Iigb
various limitations, restrictions anC
provisions are enacted affecting III,
citizen; common carriers and al
members of eociety Tho whole ohiec
Is to secure the integrity Of the dis
pensary feature. IF the dispensar,
feature falls. ifif is>nucon stitu,iona' A.
the whole object Of the legislature i
defeated and the whole act in its de
tails falls to the ground That's tn,
view ! take of he law after hearint
the able arguments delivered yes,erda,
by counsel ou both aides, | will a
hold, and for that, as the technica
groun IS. | will qnash these indict.
me ts.
Let the order bo prepared, and
will file with the order my reason
therefor as soon as I can reduce then
to writing.
III the entire Sct is thus null ant
void.its repeating clause ia likewis
Intellectual, and IesYes the law as i
pAeyiously stood on the statute DO k
All the men against whom the char
ges we're drought, will have to wal
till The State takes its appeal or the
Supreme Court decides that appeal il
taken, before theyc can go hence with
out day." If the Law is held Cous,itu
tionsl the men will be indicted agair
and tried.
Judge HudsJn's written decision
will be made public on Friday.