New-York tribune., 1894-04-20
TTLLMAN'S LAW NULLIFIED.
THE DIsPENSARY ACT DECLARED UN-
CONSTITUTIONAL.
DISSENTING OPINION BY THE TILLMANITE
JUDGE-CoNJECTUREs AS TO THE COVER
NoR's CoURsE-"BLTND TIGERS"
WIDE OPEN
tBY TELEGRAPH TO TIE rRIDUYE.l

tBY TELEGRAPH TO TIE TRBUNEI
Columbia s. c., April ia decision against
the Dispensary law was rendered by the state
Supreme Court to-day in the cases OF the state
against Mccullough and several others all oi
which were argued together on January ~ last'
These cases were all attacks upon the constltu-
tionality of the act Of 1892. In December, lSs@'
n new act was passed repeating the act OF 1892,
but consisting substantially of the same pro-
visions 1t was, In the language OF its irlehoS'
a Tightening up" OF the previous act Ihe court
in It's decision confined itself to consideration
Of the act Of 1892 but declares that the con-
stitutional objections apply with equal erect 10
the act now in force Therefore wnie nohl-
nally the law as Il stands remains uhattacheu'
the decision practically annuls IT. Cniet Justice
McIver. who delivered the opinion, whlie III ho
sense a politician Is understood 10 sympath'~e
with the "Straightout' ia ,ton, and the same may
be said Of Justice MCGOWAN, who concurred Win
him Justice Pope is n Tilmanlte ana was
elected Attorney-Genera when Tillman was first
elected Governor in 1890 Justice MCGOWAN
form expires In July. and Eugene b. Gary. until
recently the Tmanite ACKNOWLEDGEMENTS was
elected to succeed him last December. 1t Is sur
missed that an effort will be made 10 nave '"e
law again submitted to the court after he taxes
b,s seat when the court will include majority OF
ri,,,nanites LAWYERS say however, that an act
declared unconstitutional cannot be restored py
tho mere reversal Of an opinion that 1t VIII De
rocasearv for II to be again enacted by the Leg
islotura before It's constitutional!ty can nave
another test. ,.
1-ho decision was hailed here with dellght.
An do,, the citizens Of Columbia, while not
darronstrative have been jubilant at the out
look. and the impression Is universal tha' 'he
,ou "a dead Reports from other towns are
that the news of the decision was received with
joy a. .,,o IN his
ufc refuses 10 talk. lie has not read the de-
cision vet and positively refuses TO express nun,
self senator John Gary Evans VINO iatnereu ie ,
the law in the General Assembly, ana VINO Is i's
special champion. is CANDIDATE 10 su.Oetu =.
Governor Tillman. He did not hesitate 10
charge that the decision was partisan one .ha. @
II was the result Of political bias ana thL. M
Justice POpe's opinion Woulu pe sd"O'io''eN ~
LAWYERS as clear and right ,
The Attorney General declines to say wnether
or not there will be an appeal 10 the OnI'eu
States supreme Court ~ . H.,
with considerabl bly, more audacity than usual, ana
have not been interfered with. ,,,,, Tho
The decision Is voluminous uoculien'
court holds that the State has the right apso-
lutev to prohibit the sale of intoxicating nquor
but denies its right in the exercise of me ponce
poWer to assume the conduct ana control ol
sale of liquors not being intrins;cally una"lu,
the State has no right 70 treat II III ulllereIt
manner from any other lawful business. Inc
opinion covers every conceivable aspect or the
case. and is generally sweeping and condemna-
tory Of the liquor law.
Associate Justice Pope, In dissenting opinion,
maintains the consttutionality of the Dispensary
act based on the right to exercise the ponce
power and holds that all rights not reserved
10 the people may In their interest be exercised
by the Legislature
Charleston, S c.. April 10 (SpeciaD- The news
of the notification Of the Dispensary law by the
State Supreme Court was received here shortly
after 10 o'clock this morning. An hour later up
ward of 200 blind tigers" were thrown wide
open In many Of them signs appeared. invit-
ing the passers-by to walk in and have one with
the house" and people were by no means SLOW
to accept the invitation. There can be no doubt
that the entire city reJoices at the overthrow OF
the law although It is anticipated here that Gov
ernor Tillman will call an extra session or the
General Assembly. pass a new law, and then
take Il up to the State Supreme Court. which on
July / will be Tillmanite in politics by the quail
fcaton OF Justice +. b. Gary. Since the OAR
lington episode the whskey constabulary nave
been comparatively inactive. No raids OF either
stores or private houses have been attempted
anywhere in the State.