The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-04-25
TIE DIsPENsARY Law UScoNsTITU-
TIDNAL,

majority Of the court. Only that it
could have been possible to have had
the decision sooner. Justice Pope does
not agree with q majority Of the court,
bat holds that the law is constitu-
tional.
Dispensaries have all been closed and
the State is, at least temporarily, out
of the whiskey business. But she still
has very large supply on hand. Gov.
Tillman says business has only been
suspended for the summer to allow
time for repairs What he means by
that We do not know. We rather sus.
pect that Gov. Tillman ls really glad
that the decision is as it is. The dis
pensary Law was giving MIN good
deal Of trouble and no doubt he is glad
to be relieved of the responsibility.
Many others who were drawing good
salaries no doubt feel just the other
way.
But the decision GEMS to need
further deciding and calculating. No
one seems to know just what the de-
cision decides, or rather Just what the
status OF affairs IS The best lawyers
give 1t different Interpretations Some
think We have prohibition, while others
seem TO think that we sre back where
we were beforei and still others that we
have no law on the subject st all just
now and that every body can sell whis-
key low just as they can sell corn or
! bseon. Il seems to Us that We have
plain and simple prohibition.
In one paragraph the court says:
AFTER the fullest sad most careful
and deliberate consideration We feel
constrained to say tbst the act IS
clearly unconstitutional, except in IS
fsr as it forbids the granting OF licenses
to retail spilitous liquors beyond the
Soth OF June, 1885. Codes this view
all subordinate questions presented in
sll the cases. except the first named,
lose sll psscticsi importance, sod need
not, therefore, be considered"
That portion OF the set which re-
pssls sil other acts Inconsistent with
this one, it seems to rs, is slso Of DO
force, and, therefore, ali the laws on
the subject prior TO the passage Of the
dispenary set are still OF force e1eeps
thst under them DO license esa DO
issued TO retail spirto1s liquors. Il is
just the same as il, under the local
option Law. 8 town voted not to issue
license. Instead Of voting on the ones-
ton the Legislature hss passed an set
saying no licenses shall be issued snd
the Supreme Court says it Is : good
law.
Sot We must sdmit that re do 1es
know Just Whist the effect Of the de-
css.an ri. be. Tie court says the law
IS unconstitutional. We are very much
in the stats Of mind Of Editor VII
hsns, Of the GseeaviIle News, who
Sys that he TIED hsrd to decide what
the decision really decided and Snsny
came 20 the eonGusion that he vas
about ready to walk of meekly and
hcmbly, 10 an ssylam for the feeble
minded without demanding e1trsdE-
ion papers or hsbeas eosp1s, anti he
found nearly everybody was in the
same tx as hinselE We quote here
Whist he farther says which vii give
some idea Of the uncertainty which
seems to prevail ss 70 Whist the daciaon
does really mean We lopa however,
that Re viii ali sooa knoE jass where
We are II on this question. As We said
sboEe the 6ispeossres have al bean
closed.
In sce, We gather from the state
meos o. Ch5@ Jast5es McIvsc. fhss tae !
decision = yet % be decided. There g |
8 6ecixsoc. ss We uede-s1and Il o. A /
opinion. Z Is sbo1t tIeaty coianns |
long and Is sgsiBz1 the dispeossy Gv. |
Yet how Il Eil sHaes the disDeasay /
isw or Whist is practical resRss 20 suy- |
BODY VII De, the Chief Jescee declines !;
10 ssy until s c2se IS amed before him /
Then the cont viii decide what It's
aaeiSao Deaos- Until then ali :
and The opening sss@ Of
osSS
T. .,- -, - s1e- -,oSo5-
anything with laeo- BOW, s1ap.
d-ias IL So G Is ne eaa see there is
oa1ag On tha1 poiut ss6 any
nSc wnc Is n pass&sion Of hooa- ds
slSo osy aaso-o Z ST his canvenisocs
az6 dodge the police Il possible ASIDE
.rol rbs9, we are aodey . prohibition
cszRS sa5 also Los claws Of The blind
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