The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1894-08-29
The Test Case.
The 1893 .Dispensary Law to be
Decided on.

! Decided on
The Aiken case is to be the one
which will decide the 1898 Dispen-
sary law and which will forever settle
the constitntionallty or unconstitu-
| tionality Of the famous law unless it
can be gotten into the United States
Supreme Court.
The State and the city authorities
of Aiken have made All agreement
that this case shall be the test case
before the State Supreme Court The
agreement was made in Aiken while
Assistant Attorney General Barber
was in that city.
Governor TiIlman has requested,
and Attorney General Buchanan has
joined in the request, that Chief
Justice Mc[ver call all extra session
of the court as soon as possible. If
the request is acceded to the extra
session will be held the last of this
month or the first of September. The
court will consist of Chief Justice
McIver and Associate Justice Pope
and Eugene Gary
The case is to go to the court on
exceptions to the decision Of Judge
Aldrich and the points to be argued
have also been agreed upon. They
are az follows:
EXCEPTIONS OF TIE RELAToRs.
The REALTORS except to and appeal
to the Supreme Court Of South Caro-
lima from the decree rendered and
made herein by his Honor Judge
James Aldrich on the 18th day of
August, 1894, upon the ground that
his Honor erred as follows:
l. In holding that the respondents,
municipal corporation. could set up
and plead that the Dispensary Act of
1898 is in violation of sections l, 9
and IL of Article of the Constitu
ton Of the State of South Carolina.
2 In holding that it is competent
for the respondent to set up and plead
that the Dispensary Act Of 1898 is in
violation of the 4th, 5th and l4tl'
amendments to and Of section s q.
Article l of the Constitution Of the
United States and also in conflict with
the interstate Commerce law
8. In holding that the Dispensary
Act of 1893 is an amendment of the
Dispensary Act Of 1892 and uncon.
stitutional.
4. In holding that the said Act
constitutes monopoly in the sale of
Intoxicating liquors and is therefore
void whereas he should have held
that the exclusive sale by agents of
the State is a proper police regulation
regularly passed by the Legislature
in it's wisdom, in furtherance of it's
Judgment that such a measure was
necessary requirement for the regula.
ton of the liquor traffic. to protect
the health, morals aud welfare of the
people; aud that the exclusive con
troll by the State Of such a recognized
subject of police supervision is con-
stitutional and valid
5 III holding that the said Act is
unc ..stitutional in providing for the
exclusive sale by agents Of the State
and forbidding all other persons
whereas he should have held that said
Act providing for such sale exclu-
sively by agents of the State is con-
st;tutional exercise of the police
power of the State over recognized
subject matter Of police supervision.
6 In not holding that the Dispen-
sary Act of 1898 is valid law and
in no wise violates the Constitution
of the United States or that OF the
State of South Carolina.
OsMUSD w. BUCHANAN,
Attorney General, for Realtors appel
liant
EXCEPTIONS OF RESPONDENTS.
The following are the exceptions OF
the respondents
/. Because it is respectfully sub
mitted that the REALTORS herein had
ample remedy at law for the correc-
tion Of any grievance of which they
! cornn]ain and therefore thew were