The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-07-25
THE PROCLAMATION.
STATE OF SOUTH CAROLINA, |
EXECUTIVE CHAMBER. I

EXECUTIVE CHAMBER. !
WHEREAS, under provisions Of en-
act Ito prohibit the manufacture and
sale Of Intoxicating liquors as bever-
age within this State, except as herein
provided,n approved December "A,
1892, the State assumed control of the
legal liquor traffic in South Carolina,
com mencing July 1st, 1898; and, where
as, the said policy and purpose of the
State to permit the sale of liquor by
and through the States officers only,
was reaffirmed and an act approved
December %, 1893, entitled "An act to
declare the law in reference to and fur
ther regulate the use, sale, consumption,
transportation and disposition of alcoho-
lie liquids or liquors within the State of
South Carolina and to police the same,"
and whereas, the Supreme Court of the
State of South Carolina, by decision
rendered the 10Th April, 1894, declared
the first act above mentioned uncon-
stitutional except one small proviso of
one section, the Executive in obedience
to what he conceived to be the will OF
the Court, closed all the dispensaries
and discharged the constabulary.
In subsequent decision the court
still ignoring the act of 1898 above
mentioned, construed its decision to
mean "there can be no legal sale OF
liquor by license" but has seemingly on
purpose omitted ta mention Or construe
the act of 1898.
And, whereas, The State Of South
Carolina acting in good faith through
the executive branch of the govern
ment, and relying upon the decision of
the Supreme Court in the case OF
Hoover vs.. the Town Council of Ches-
ter, in which it was declared that the
act of 1892 twas in effect, an act to regu-
late tie sale of spirituous liquors, the
power to do which is universally recog-
nized," has invested large sums Of
money in liquors for sale under pro-
visions of the two acts mentioned, and,
whereas, this liquor is now being held at
heavy expense while the State is flood
ed with contraband whiskey sold with
out authority of law:
Now, therefore, I, B. R. Tillman, Gov
ernor oftheState of SOUTH Carolina, in ex-
ercise of my discretion as Executive, do
issue this my proclamation and declare
that the said Supreme Court, having
adjourned without in any wise giving
expression in regard to the Act Of 1893,
the said Act is Of full force and effect and
will be enforced in accordance with my
oath of Office until the court shall have
passed upon the same, or until the Leg
islature shall have repealed it, and the
county dispensers in the various coun-
ties will open their dispeDsaries on
Wednesday, August 1st. All persons
Interested, including public carriers,
are notified that importation Of liquors
will be at the risk of seizure and prose-
cution, and all contraband liquors
found in the borders of the State will
be seized and confscated according to
law.
In Testimony whereof, I have here
unto set my hand and caused the
great seal of the State to be affixed
at Columbia, this twenty-third day
of July, A. D. 1894, and in the one
hundred and nineteenth year of the
Independence of the United States
OF America.
(Signed) B. R. TILLMAN.
By the Governor:
J. E. TINDAL, Secretary of State.
1t is generally thought this reopening
Of the liquor excitement is going to
cause serious trouble all over the State
in the next few months
Nearly all the Reformers express
themselves as opposed to such move
on the Governors part.
E. J. WATSON.