The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1894-10-16
DrsPEEsARy LAW SUSTAINED.
THE SUPREME COURT REyERSES
A FORMER DECISION.

aene IL. Gary, Associate Justice.
The opinion of the Supreme Court
was rendered last week upon the Dis
pensary Act of 1893, and declares the
law to BIZ constitutional, reversing the
former decision ofthe Court. Justices
Gary and Pope agree upon the consti-
t~utionality of the law, whilc Chief JUS
tice McIver has filed dissenting opin-
ion. The great length of these opin-
ions will prevent their entire repro
duction In our columns, and only the
chief portion OF Justice Gary's decision
is given herewith
The State of South Carolina-In the
Supreme Court-Aiken County-The
State vs.. ex relatione j.. V. George
and &. Il. Holley, appellants, vs.. the
city council OF the city Of Aiken, re-
spOndents.
The issues involved in this case are
far reaching in their consequences and
OF greatest moment. An Act of the
Legislature, which has for it's object
the solution OF the vexed question #
the liquor traffic, Is before this Court
for review, and its constitutiOnality IL
contested. The scheme Of the Act is
novel in its features, and the Court is
not able to get much light from adjudi.
cations bearing directly thereon. We
are therefore compelled from necessity
to reach our conclusions upon u con-
sideration of the general principles OF
law on which it is founded. We trust
that we enter upon tho consideration
of the principles involved in this case
with q proper sense Of the RESPONSE
bility which rests upon us. The con-
illusions at which we have arrived
were reached after mature delihera-
ton and careful consideration. The
issues involved herein will be seer
more clearly by u short statement OF
facts, out OF which the case arose.
A STATEMENT OF THE CASE
The REALTORS, who we're opening q
llspensary by State appointment and
authority under the Act Of the Gener-
al Assembly, approved December 23,
1853, and Known as the Dispensary
Act, having been summoned to an
swer before the ~towh-council OF Aiken
fer violation of an ordinance prohibit
ing the sale OF vinous or malt liquors
without u license, applied before his
Honor. Judge Aldrich, for a writ OF
prohibition restraining h town cOun
ell from interfering with them upon
said charge On the ground that tho or
dinance was q nudity, and the council
in seeking to enforce it was attempting
to exercise q power with which it was
not vested. The town council in ar-
swer to q rule to show cause justified
its proposed action by an assertion OF
the validity Of the ordinance in ques-
ton, and by the claim that the Dispen-
sary Act of 1893 was null and void rs
viOlative of Sections l, 2 and IL of AR
ticle | of the Constitution of the State,
OF Section 8, Article l, Of the Const.tu-
ton of the United States, of Almond
ments 4, 5 and ii Of that Constitution,
and Of the national laws regulating
Interstate commerce.. 1t also urged
that the REALTORS had ample remedy at
law for the correction of their alleged
grievances and that the writ on that
ground should not issue. Judge Aid
rich held, under the authority Of Nc
CullOugh ct al VS.. Brown ct al. 10 S. b.
r., 100, that the Act OF 1893 was viola
tive of the State Constitution, null and
void that the Act is not in violation
OF tho Constitution OF the United
States, the amendments thereto or the
Interstate commerce laws of tho
United States but that the charter of
the city Of Aiken does not sustain the
ordinance, and that the Same was ille-
gal and void. He further overruled
tho objection thai the relators had
ample remedy at law, and ordered the
writs of prohibition to issue. Both re-
lators and respondents appealed the
first on the ground that the Judge
erred in holding the Act of 1893 null
and void, rs violative of the State Con-
Stitution aud in permitting respon-
dents to question the constitutionality
of the Act, and tho respondents on the
grounds that the Judge erred in not
holding the Dispensary Act null and
void as violative of the Constitution of
the United States and Of the national
Interstate law In not
holding the REALTORS had ample rene
dy at law, and SO are not entitled to
the writ, and in holding the ordinance
in question to be without support of
law, null and void.
In the light OF these cases we pro-
coed to a consideration of the Act of
1893. Before proceeding to a consider
alton Of the specific objections urged
against tho constitutionality of the
Act we desire to state at the outset
that in our opinion the following pro-
positions cmbody tho principles gov
erning this case:
FOUNDATIONS OF THE COURTS oPIN-
ION.
LIST. That liquor in it's nature is dan
gerOus to the morals, good order,
health and safety Of the people, and is
not to be placed on the same footing
with the ordinary commodities of life,
such as corn, wheat, cotton, tobacco,
potatoes, etc.
"a. nj the state under It's police
power can itself assume entire control
and management Of those subjects,
such a. liquor, that are dangerous to
the peace, good order, health and
morals and welfare of the people, even
when trade Is one of the instruments Of
such entire control and management
on thepart Of the State.
Bird. That the Act of 1903 is q police
measure.
We are frank to say hat if we are
wrong as to either of these PROPOSE
tions the Act should be declared un-
constitutional. We will now cite au-
thOrities to sustain these propositions.
We think differences of opinion as to
constitutionality Of this Act arise from
tho attempt on the part of some to APP
ply to 1t the law applicable to tho ordi-
nary commodities Of life. The sale Of
an article may be lawful unless re-
strained by law and yet it may be OF
such O nature as to ondanger the peace,
safety, health and morals of a people.
We do not suppose that there is a nor
potent factor in keeping up the neces-
sity for asylums, p~enitentiaries and
jails and in producing ~pauperism and
immortality throughout the entire
country than liquor, and yet it Is ar
gued that it is to be placed on the same
footing with the breadstuffs and other
ordinary commodities OF life.
MAIN FEATURES OF THE ACT.
We come now to an examination of