The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-04-20
TIILNAN LIQUOR LAW VOID.
,,er,REp UScoSsTITUTIoNzL, AND
PRACTICAL PROHIBITION
MUsr PREVAIL

,..o..,o. Msy Rssul:-By n Vote of Two
o,. the suprs-.s Court says that the
,,.,or Ru.in... II Not OF Itself Uni.,y-
81. ,a Must Not Ne Dealt with DiRsr-
.,uv Thar Any Other Lawful Brsines.-
tn. D.ei.io. Received with Ser .. a..
,,u..-Tin-s. s-y. He'll " sew wood"
cotuNptA & @. April 1e.-The Dispehsary
"a. vas declared unconstitutional to-day. the
err,eme Court Justices having divided By q
-, Of two against one. The decision caused
...rs,al feeling Of relief In Columbia. and
Although there has been no demonstration Of
enthusiasm. much satisfaction 10 expressed
by citizens generally. The news flashed all
war the State as soon as It became known.
and reports from towns everywhere are to the
.sset that It was received with delight.
nisnot unlikely that even the country peo-
ala viii welcome the decision as an easy war
,ut ola statute which has had n tendency 10
re.ken their faith In the infallible wisdom Of
lhslr Governor. The law was never popular.
md its strength has been almost entirely due
10 the personal strength Of Tillman.
The decision In the cases was written By
Chief Justice Henry McIver and concurred in
BIZ Justice MCGOWAN. both Of whom have been
on the bench for fifteen years. Although not
active politicians. they are supposed to SYM
p.thize with tho anti Tillman faction. The
tecsion was rendered in the cases OF the State
against Mccullough. State against Pagan. and
various other cases. al Of which were heard
together on Jan. %
The decision says that Attorney-Ge
Buchanan made the suggestion In writing
before the arguments began. that inasmuch
n the law. in violation Of which the alleged
acts had been committed By the defendants.
passed in 1892 had been repealed. and
lnasmuch as q new act was passed In
- fnal ftrn
before the court. The court held.
however. that as the Attorney General
made no motion, to dismiss the appeals they
te!t bound TO consider Al the questions raised
~ II the act OF az WAS still IN force. Tho act
Of '03 Is. In fact merely explanatory OF the act
Of the previous year the differences being In
methods OF administration. and In no way
modifying the general scheme.
The salient points OF the decision are: The
general scope. purpose. and eject OF the dis
pensary act Ii to prohibit the sale Of intoxi-
eating liquors as o beverage. or otherwise re-
serving that power exclusively to the State
through certain officials and agents. The act
makes q monopoly OF the sale OF LIQUORS with
Q view to profit By the State. Section nrst
Of the State Constitution declares that no
person shall be despoiled or dispossessed
Of his property. immunities. or privi-
lsees, or deprived Of life. liberty. or
estate. except By the judgment OF his peers or
the law OF the land. 1t follows that citizens Of
the State have certain inalienable rights. OF
which they cannot be deprived except in the
two ways mentioned. Il was In the protection
OF these rights that the trainers OF the Con-
stitution incorporated that no person shall DO
prevented from acquiring. holding. and trans
uniting property. RAJ. fsa3aS
"Libsrty - understood in this country" says
the Decision 10 IN can not only freedom from
I..kA 49, f.hA -, fanl
In all lawful ways. to live. work. and earn Q
livelihood in any lawful calling and to pursue
any lawful trade. There Is no more sacred
right than this. and tho traflc in Intoxicating
LIQUORS 10 a lawful subject OF commerce Nu-
msrous cases support this view. The whole
course OF Federal and State legislation 10 to
the effect that the sale OF intoxicants Is legti-
mate subject OF trado. Before the sale OF In
toxicsnts can be declared unlawful there must
DO some valid statute declaring II to be 80.
and the court falls to fnd any such statute
The court cannot regard the despensary
law as prohibitory OF the sale OF intoxicants.
On the contrary. 1t permits and encourages
such sales to an unlimited extent for the
profit feature induces the taxpayers to en-
dsavor to increase the sales OF retail dispen-
saries and thereby tighten the burden OF tax
alton. II. then. the dispensary law cannot be
asisndsd as Drohibitory act It cannot not be de-
The point Is further empha sized that q State
cannot deprive the citizens Of the righsto carry
on trade not declared Hldld IN Sc The deoi-
iion virtually declares the Dispensary law un-
eonstItutionA In every particular save that
setiSna a forbidding sale Of LIQUORS AFTER June
tits generally regarded here that the deei.
likely that the decision will have any imms-
ten Sas q *. eSu and
that time 1t Is possible that the state will ask
never S.sn Specially s.Stioas and their tran.
actions to-day were much holder than usual
asns SsSrs pusss bus
ness as barrooms. -
The decision does not adiudge uneonstitu-
ErsntinG OF licenses for the sale Of whisksy.
pad LAWYERS differ In constituting this. Some
while othsrs that the prevention Of ersntin.
licenses will leave the way open for any person
A prevailing Impression 10 that the Admin:
nraiion VIII sndeayor 70 have the law tested
changed in July. By Judge Gary succeeding
heGoTan. and that 1t win then be sustained.
sisiOn was announced. counter saded a NUN
per OF orders for whiskey. Gov Tillman de:
s sns. 20 express himself. He has not yet read
What are you going to do about 4 2" said
sSPorter 70 Attorney General busnanan thls
evening. Saw wood and say nothing" was
cItiLEsros, s. C. April 1o.--The news OF the
egpIeme Court was received here shortly after
lOdelock this morning. An hour later up
sald OF 200 blind tigers had miraenlopsly
tseoVsred their eyssiRht and were In full blast
IN many Of them signs appeared inviting the
paSSers By to walk in and have one with the
boss and people were by no means slow TO
accept the invitation. There was no lack Of
sunugants In the city. as an I'm mense stock
pad been laid In while the dispensaTy eonsta-
mes were engaged in the Darlington riot
Fhe-s can be no doubt that the entire city re-
ioiees at the overthrow Of the law, although it
Anueipatsd here that Tillman will disregard
Ne decision OF his own court
me general impression here 10 that he Will
Ssii an extra session OF the General Assembly.
hhl1te supreme Court which by July will be
Justice i. 4 GARY. u Ia INT that event the
S SGG" win reverse its action. What
cult 70 say. Since the Darlington episode
s tSs Iwhisksy eonsssbulary have been COMPARE
alsly inactive. No raids OF stores or private
Residences have been attempted anywhere In
s stats The force OF constAbles In this city
ioImeFly nun beTed from fifteen TO twenty
tAen. all armed with r8VOly5Ts and Rides. has