The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1894-10-10

notice, or which may be reported to
you or submitted to you. 1t is just
as much your duty as it is for good
cause shown, to present homicldes,
burglaries, larcenies or other viola
tions of law.
Unfortunately, much opposition has
been industriously stirred up and kept
alive in some parts of the State
against the dispensary law, and viola,
tions of it have been openly coun-
seled and condoned as a patriotic
duty. This opposition has been
directed chiefly to that provision OF
the law which authorizes constables
to make search and seizures. To
encourage and intensity this opposi-
ton the cry has been raised that the
liberty Of the citizen is in danger,
and that the sanceity of the home is
being desecrated. 1t is we'll to be ON
our guard against any measure that
threatens our individual rights as
citizens, or unIawfully invade the
privacy aud sancity of our homes.
1t is we'll to be on our guard also
against the specious cry Of liberty
and home when raised as in this case.
without just cause Nothing is more
potent and benefcent in righteous
cause nothing more mischievous and
misleading in an unrigbteous cause
than such popular cry. If it be
the cry Of the patriot, jealous of our
rights, we should give it good heed.
If st comes from the liquor dealer, the
liquor drinker or the disappointed
politician or even from the misguided
patriot, we must disregard it. As |
understand the dispensary act, |
assure you, gentlemen, that the
liberty of the citizen is not in peril,
nor is the sancity Of the home in dan
ger of dissertation.
The provisions relating to search
and seizure authorizes nothing new.
Similar powers have always been
exercised by revenue officers and
other officers of the law. 1t is true
that mans house is his cattle. across
the threshold of which, be it ever so
lowly. neither King, nor President
nor Governor dare go without his
permission Such is the law of South
Carolina and such may it ever be, but
when man makes use of his house
for harboring criminals. or deposi
tory for stolen or smuggled goods,
then into that home, high or humble,
ofcere of che law armed with the war
rant of the law, have a right to enter
in the name of the law and make
search aud seizures. Such is the law
of every civilized country. SINH
larry under the dispensary law. if a
man. uses his house as a barroom for
the sale of liquor, or as club room
for the dispensing of liquor for a
price, or as q storeroom for contrahand
liquors, the dispensary constable
armed with a warrant, may lawfully
enter that house and make search and
seizure. The householder cannot
invoke the laws protection of his
home, while he makes use of it as a
means of concealing his violation OF
law, or ifpursuing an unlawful bust.
ness. It is not the purpose of the
law, nor the intention of the trainers
that house should be searched be-
cause there may: be fqnor in it
Liquor there is safe and the law pro-
tects it's owner in the lawful use of it.
But liquor. nnlaxfualyrhere is not safe
and should not be safe there or any
where else, and search for and seizure
Of sach sis. not the unreasonable search
and seizures which the Constitution
forbids. That is a pernicious doctrine
which has sometimes been taught
thststhe citizen does, not owe obedi.
ence to the dispensafy law until the
Supreme Court shall have passed
upon it and decided it's constitu.
fonslty orr onstitutionality.
charge you that it is che duty of every
citizen to obey the law as long as it
stands upon the stante books, unre-
pealed zor uaannulhdby decision
of that court of last resort.
It 10 q. matter of common. know.
ledge that the Supreme Court is now
considering the diepensary sact OF
1898 in the light of the Constitution.
The decision has not yet been filed.
It is ours to act in compliance with
the law as it now stands
Before leaving this subject shall
briefly advert to this power, which is
exercised by our courts, circuit and
superior, in common with the courts,
of the other States, and with the
United States Courts--the power
mean Of rendering laws null and void
by declaring them to be unconstitu.