The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1894-04-25
THE DISPENSARY Law DEAD.
so sAYs TIE SUPREME COURT.
Columbia Journal, ApriL 10.

The decision has come at last and the
Dispensary Law is declared to be uncon-
stitutional in every particular.
The long expected decision was filed
this morning. The judgment of the
Court was rendered by Chief Justice
McIver in whose opinion Justice Pope
filed dissenting opinion.
The decision is a long one and contains
fully 10000 words. It is for the most part
a strictly legal view of the case but with
il all 1t has features that will be Of interest
to everybody.
The case was legally entitled: Chas. s.
Mccullough vs.. George Just Browne ct
al and the State vs. Hentz Jacobs. j. c.
H. Troeger, Jerome Pagan, J. r. Byrd
and Ben. David.
In the first instance Judge Hudson
rendered his famous decision and all the
remainder Of the cases come from Colum-
bia the result Of which is we'll known.
In each instance the Supreme Court
sustains the judgment Of the lower court.
Judge McIver's decision on the subject
is very able, clear and logical and COM
pletely knocks out the Dispensary Law.
He says that the Attorney General dur
ing the hearing had suggested to the
act Of 1892 but that no motion had beer
made by the States attorney along that
line and the Court would consider, for the
sake Of argument, the two Acts identical.
Proceeding in the decision Judge Nc
liver says that ordinarily the presumption
is in favor of any Act passed by the Leg
islature being constitutional and reviews
at some length the nature, scope and
object of the law.
He declares that it violates two articles
Of the Constitution, namely the first and
the fourteenth. The fret article declares
all men are free and equal with right Of
enjoying liberty and property and the
second guarantees every man against
being deprived of his right to engage in
any lawful business. These rights, the
Court observes, are derived from the
creator rather than from the government.
The traffic and liquor itselfis not un-
lawful and the law in 80 far as 1t forbids
q citizen from engaging in it when the
State is allowed to conduct the same
business null and void.
The Court next considers the question
Of the alleged police regulation of the
rraff1c under the Dispensary Law but
concludes that it has no such idea. The
whole scheme the Court says is one to
increase the revenue Of the State. The
State has no right to engage in business
In competition with her citizens. Such
an idea Is at variance with all ideas of
civil government
The power given the State TO engage in
the LIQUOR business by the last Legisla-
ture is outside and beyond the power
conferred upon the General Assembly by
the people.
The Court answers also the argument
raised that because the State engaged in
business of supporting colleges that she
could also engage In the business of sell
ing liquor. This is answered by show
Ing from authorities that education is
legitimate function Of government while
selling liquor is not.
The above are some Of the leading ideas
advanced by the majority of the Court
and, as will be seen, they thoroughly
cover the grounds and etfectually and
finally knocks out law conceived and
Justice Pope's dissenting opinion COW
ers nearly 100 pages OF fools cap. He
argues chiefly that the whole law Is con-
stitutional from the fact that the regula-
ton of the liquor traffic is a legitimate
function of government and he holds that
the Dispensary Law Is such regulation.
He does not think the prime object Of 1t
IS the raising Of q revenue:
The State House officials seemed to
have caught on to the idea that the
decision would be adverse to them.
There was lot Of consulting among
them. John Gary Evans was an inter-
ested visitor at the State House. When
he heard Of the decision he said that 1t
would make no difference as the State
would take care of ITSELF When pressed
to give some information as to what the
State expected to do under the circum-
stspees, he said "simply wait and see."
Governor Fillman had not arrived at the
time the decision was rendered. They
were NIL waiting for him to see what to
do about 1t,
Governor Tillman was kept quite busy
to-day consulting with the various Off
cials and Of course the decision was the
all absorbing topic. Governor Tillman
had nothing whatever to say on the sub.
The State authorities had decided what to
do, 80,
Attorney General Buchanan said that
he did not know what would bo done.
He contends, however, that Tho decision
of the Court has no effect on the present
law but simply decided on the law of
1892. He did not explain wherein there
was any radical difference in the laws.
He is of the opinion that the case can be
appealed to the United States Courts as
questions of Federal law came up under
il, He did not say positively that such
action would be taken though he init
mated as much,
John Gary Evans said that the decision
was the result purely of political bias and
that Justice Pope's decision would stand
with lawyers and law magazines as the
clearest and right decision.
It was generally thought at the State
House to-day that an extra session Of the
Legislature will be called. Nothing has
been decided on that line or at least moth
ing could bo learned about it. The
whole crowd are SO stirred up over the
decision that they really do. not know
where they are at.
The Supreme Court has ten days In
which to send down to the lower Court
official notification Of their decision and
until that Tina expises things will likely
remain as they are.
Mr.. Traxler says that he has a lot OF
liGnor in transit and he does not suppose
that the decision will prevent him from
paying for 1t,
Special to Sunday News.
COLUMBIA, April 21,-The day Of the
Dispensary is at an end. The official
death knell came at noon to-day. Atthat
hour kilograms were sent 10 every State
barroom in the State. How long they
will be closed is problematical. There is,
however, just now every indication that
the entire gystem has gone to pieces,
meyer to be revived hy the Legislature;
The Court may grant 8 rehesring and
give the Dispensaries q chance to gasp
little longer spd then the end will come.
What is most paopliar is that there seems
to be but few mourpers around the ap-
parently lifsless thing. Just now, when
the whole matter is at an end, no one
seems to have ever assumed the RESPONSE
bility of the law. 1t just dropped on the
statute books "unbeEnowings" to any
one.
The Dispensarles have been closed.
What next? No one hereabouts seems to
know, tits difficult to suggest proba-
bilities, for one moment one thing is
heard and the pext moment another.
Until some dcciDion Ia reached the Dis
nsaries will be kept closed and all
agencies of the State have orders not to
sell liquor under any circumstances.
There is some talk Of trying to soil the
LIQUOR on hand in lump sum before the
demurrer is sent down, and there Is
rumor that the stock will be kept intact
until there is change in the complexion
OF the Supreme Court.
Another suggestion made during the
day was that the Attorney General would
very probably ask for rehoaring OF the
cass. and in chat way haye the DISPENSE