The Washington times., 1894-04-20
TABLES TURNED ON TILLMAN
South Cardinals Dispensary Law De-
clared Unconstitutional.
MUST GO OUT OF THE BUSINESS
The Law, the Supreme Court Declares, Cannot
Be Upheld on Any Of Its Vital Points.
Governor Tillman Will Obey the Law for
the Present-visws Of Congressmen.

COLUMBIA, s. c., April 19.-The Tillman
state dispensary liquor law has been declared
unconstitutional by the Supreme Court OF
South Carolina, two justices concurring in
and one (the Tillman member OF the supreme
bench) dissenting from the opinion.
The decision was rendered In the composite
case originating in Darlington, testing the
constitutionality of the dispensary law and
appealed to the Supreme Court by the state
authorities, and of several minor cases like
wise appealed by the state. The ground on
which the law is declared unconstitutional is
that it creates a monopoly for the state. JUS
tice Pope filed dissenting opinion affirming
the constitutionality of the law.
Justice McIvers declares the law unconsti-
tutional in nearly every respect, and practi-
cally holds that it cannot be upheld on any
vital point. The profit to the state feature is
declared vicious.
The court decides, after reviewing the case
that in no view Of the suit can the dispensary
act be regarded as police regulation OF the
business of selling intoxicating liquors, and
that if it could be so regarded such police
power does not include the power on the part
of the state to engage in carrying on such
business. As to the revenue feature. it is held
that the Legislative department under the gen.
eral power of taxation conferred upon 1t
cannot impose any tax except for some pubic
purpose, and upon the same principle 1t seems
clear to the majority of the court that any act
of the legislature which is designed to or has
the effect of embarling the state in any trade
which involves the purchase and sale OF any
article of commerce for profit is outside OF
and altogether beyond the legislative power
conferred upon the General Assembly by the
constitution.
Trade. the court says, Is not and cannot
properly be regarded as one OF the functions
of the government. 1t seems to the court
that the question as to the right ofthe state to
engage in any trade or business for the pur-
pose of gain has been practically determined
adversely to such right in the recent case of
Mauldin against Greenville, local case.
which the court cited rs authority for to-day
decision. The court in the Chester G, one OF
those decided to day carefully avoided the con-
Sideration of any constitutional question.
Holding the act unconstitutional, the court
decides that 1t is unnecessary to consider the
minor details of the law, and reafiirmed the
opinion OF Judge Hudson in that case.
In answer to rather pressing request for
a statement Governor Tillman to-day said:
Il haven't read it and don't know lis scope
yet. / have tried to enforce it because II was
the law. The action of the court makes it
incumbent on me TO take such steps as my
judgment will dictate to protect the interests
of the state and of the people. The matter is
not finished. 1 will obey the court for the
present and appeal to the supremest court
the people,
John Gary Evans. n candidate for Governor.
and Governor TIlimans right hand man, de-
clared to-day that the decision was a political
one and it is believed that the Tillman ad-
ministration will meet the result on this line.
The law decided unconstitutional to-day is
the Old law. bUt the opinion practically an
initiates the new and amended law.
The only hope of the administration is said
to be in securing stay until June, when a
new Tillman justice will supplant Justice
MCGOWAN on the bench.