The Lexington dispatch. [volume] (Lexington, South Carolina) 1870-1917, 1894-05-16
TIE LAW Defined.
dE SUPREME COURT SAYS PRORleI-
TON is IN FORCE.


orpus Proceedings Dlsmtsssd-Ghe Sa
sS Son People IN Bad Fix.
@ EoLUMBIA, s. c., May 9.-AImost in
ga twinkliGg of an eye yesterday the
uor situation went from one extreme
she other, from free liquor to abso-
s prohibition. For the first time in
Sory, perhaps, a State faas been car
"a for the cause Of prohibition in less
s!Ean Jdree minutes, and by an unpre'
&ented accident the probibitionists
SSouth Carolina haYe obtained their
sarts' content. By ting accident OF
@ law South Carolina Us found today
th prohibition law %orbidding the
sSSe of liquor absolutely. and providing
hslties for the vioXtion of the law,
d @ich, if properly applied, will pro-
Zee prohibition.
&A p to II O'Clock yesterday the liquor
n were handling liquors II their So.
& ms without paying any license and
sthout any knowledge as to whether
ERE was in the distance any road TO
I'D traffic or not. Eleven months ago
Sey were selling liquor under license
80 of over ten years standing. Then
me along the dispensary system for
Be control Of the liquor traffic, and
aRn came with it the reign Of the
md tiger system. This kept up until
Nee weeks ago when another great
4nge came. The dispensary law
mt a glimmertng under the decision
the Supreme Court. The blind tiger
d a natural death and departed from
soil of South Carolina and the
On Of the free liquor system began.
70 life Of this latter system, as far as
claw is concerned, has been but
eting. Now the final extreme has
en 5@ched. The changes have, been
1nErous, sudden and unexpected.
she law of the land, as declared by
% highest tribunal, provides that
!ere shall be no sale Of liquor, and
at if any man sells liquor contrary
that provision he shall be punished
st the same as if he had violated the
eense law of 1880. AS to who is going
enforce this new and accidental law
mains to be seen. 1t appears to be
q duty of the sheriffs, trial justices
ID their constatles and the police OF
1e municipalities to enforce the law,
Id no doubt 1t will be done. 1t is a
ate law, too, ani if Governor Till
an took as much interest IN 1t as be
in his dlspensary law he Will very
kelly have hand in this. The indi-
lions are, however, that the real en-
of the law will be left to the
rohibitlonists, and the various city
I'd town governments in the State. 1t
certainly novel condition OF af-
,irs, and the people will not yet have
no to realize that they are under the
lie of prohibition. The liquor men
/ say that they cannot do anything
It'll they see what the decision ls, but
ley must obey the law and close up
sir places
AL of the saloons IN Columbia re-
lined wide open up to the usual clos
thour last night, and there were no
,ments of the new system Of prohi-
ion to be observed, but the change
uscome later. a member OF the
4. prohibition executive committee
I'd Yesterday that if no one else at
spted to proceed against the saloon
apers the prohibitionists would act
day or two.
The opinion of all leading attorneys
hat the law, as 1t was declared by
; Supreme Court yesterday, means
at no liquor shall be sold within the
ste; that the clause Of the old license
which gives the right to issue Il
lses has alone been knocked out,
that all other clauses Of this IL
lse law stand. In consequence all
penalties, etc., provided Tor selling
LOT without a license apply now to
sale of liquor in any manner.
chis gives South Carolina the dis
inction of having the only prohibition
sW ever concocted, perhaps which has
O regulations about bringing liquor
lto the State, no provision for the sale
f Whiskey as a medicine. and all the
ther features usually emDraced IN d
law. It is a noticeable
act that Justice Pope concurred in the
ecision of the court. The court, when
saySWhat it does in its decision, as
Gmes that the dispensary law of 1883
as dead as a mackereI, and so con-
Iders 1t.
Yesterday morning wheE the hour OF
| chimed, the people who were expect
~ the announcement of the courts
acision IN the Florence cases began to
ct into the court room as rapidly as
ossible. The justices entered prompt
?, and the Chief Justice did not wait
Dr. the spectators to get into the room
efore he said: "The court will an
ounce it's decision in the two Florence
ases heard yesterday which decision
III apply to both cases, they being
card together. The court thus
romptly announces its decision be-
ause the liberty CT the citizen IS in
wed" The Chief Justice then open
a folded paper be had in his hand,
d read the decision as follows:
6 State Of South Carolina. IN the
,upreme Court. April term, 1884,
j. L. BarriDger ct. al, vs.. The City
Couucil of Florence, ex parte. J.Eilis
BrunsoD.
These two cases instituted in the
ripinsl jurisdiction Of this court being
{ a kindred nature, though not IL
OlYiHg the same questions were heard
1d Will be considered together. The
rst is a case asking for an Injunction
, restrain the city council Of Florence
ON granting licenses for the sale Of
oirit1ous liquors. upon the ground
lat there is 10 law now authorizing the
rarting Of such licenses, and there
)re that threatened action OF said city
,uncil in this respect is ultra wires.
The second is a case in which the
etitioner applies, under a writ OF
abeas corpus, heretofore issued for his
ischarga from custody in which he is
cid under q warrant issued By the
Iayor CT the city Of Florence, who is
vested by the charter Of said city
ith all the powers of tIial justice.
1arging the petitioner with selling
,iriTuous liquors without license. IL
Iolatiou of an ordinance Of the city,
!, well as in violation Of the laws OF
le State. Inasmuch as one Of these
sses involves the liberty Of the citizen
lis court deems il to be It's duty to
.nder as prompt a decision as possible.
be court WllI, therefore, proceed sim
~ to decide the question presented ID