The times. [volume] (Richmond, Va.) 1890-1903, 1893-07-08
LAWUNCONSTITUTIONAL
SOUTH CAROLINA DnPENSAHY ACr
MUST 90, SAYS THE COURT.
Startling Decision Rendered by Circuit
Judge Hudson at ngton-I.eEsi
Fight Well On.

COLUMBIA. S. c., July 7.-Special.-
injunction permanent; law declared un-
constitutional"
Such is the startling contents Of dis
patch received here late tonight from
Darlington. giving the result OF the hear
Inc In the application before Circuit Judge
Hudson for an injunction restraining J.
B. Floyd, who had been appointed LIQUOR
dispenser for Darlington, from opening
the dlspensary.
The fight against Floyd's appointment
was made by a number OF the freehold
ers, who retained Attorney G. 8. Nsstles
as counsel.
Last Thursday Nettles argued the case
before Judge Hudson at Bennettsvilie,
and a temporary injunction was granted
restraining Floyd from opening uhe dis
pensary until argument could br heard.
The principal point made by Nettles was
that Floyd did not have the names of
majority OF the free-holders signed 10 his
petition. as required by law.
A special from Darlington says: Judge
Hudson has rendered decision In the
dispensary fight He gave an elaborate
opinion I'm which he said that the law 10
clearly unconstitutional. and that no one
can open dispensary here without vio-
lating the law.
This settles the matter for the present,
and thirgs will remain I'm statu quo until
the supreme court passes Judgment on
Il. Judge Hudson is acco united one OF the
very ablest Judges In South Carolina. and
his decisions generally hold water. Owing
10 the poor telegraphic facilities at Darl-
ington n Is impossible TO get more COM
prehensive Information Of the decision to-
night.
II Is probable that injunctions VIII be
applied for I'm the other counties where
dlspensaries are established. In when
case the State will be badly crippled. even
I'm the event that the supreme court does
not sustain Judge lIudson's cecision' TOT
II will tie up this mammoth industry. with
expenses and interest on unpaid stock
accumulating daily.
sta,e Grog shop WIN Not Oprn
Dispenser Roach will not open the state
grog shop I'm Columbia tomorrow, as ne
has been Instructed to do by the board OF
control Judge Gary to-day granteh
restraining order. returnable next Tues
day. calling upon the board TO show
why he should not issue writ OF pro-
hibition against the opening OF us
pensary I'm this city
Commissioner Traxler announces that
dispensar ries have been established at the
following places: Abbeville Lexington
Edgeneld. Camden. Florence. Greenville,
Georgetown. Orangeburg. Barnwell Lewis
dale. Beaufort, Walterboro, Sumter, MI.
Pleasant. Monckscorner. 81 stephens
and Eutawvlle. These places represent
thirteen counties. The last four are All
I'm Berkeley county. contiguous 10
Charleston. where the Governor has not
been able to locate a dispepsary.
II is said that there IL an official par
pose In surrounding Charleston with dis
pensaries. \ shipment OF demljohns has
arrived, and they will soon be put on
the market. The amount ~ whisky
stock I'm the county dispensaries averages
$500 and there Is In the aggregate less
than $4,000. II is very doubtful II the
entire amount Of stuff sold by the dis
pensarles so far reaches 5000.
II is said that the State spies viii
make their reports within the next few
days. All their work has been secret.