The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1894-05-30
Erroneous Conclusion.

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Erroneous Conclusion.
The News and Courier In speaking OF the
expectations Of some of our people, that the
recent dispensary decision would be reviewed
and possibly reversed as soon as Justice-elect
Gary takes his seat on the Supreme Bench,
among other things, says:
sSuch expectations, to speak frankly and
plainly. are based on the ldea that tne ne%y ae,s
view OF the question, and Will unite WIN tne
present minority Of the Court to make ma.
jority to reverse the decision OF the present
majority. This view assumes that the Su-
preme Court Of the State has degenerated into
q political body, which has no higher ideal OF
duty and obligation than to obey and serve
the political aGtGn 70 wniSn msGr hs o. lsf
position they hold and we are not prepared
10 concede that that condition Of affairs yet
HJudpe. elect Gary, as we have said before
Is not responsible for this view OF his proba-
Bile conduct. He has conducted himself since
his election In an entirely proper way, 81 ana foa
as the public knows, no occasion for any per-
son to assert or assume that he Will play the
role of q politician when he takes his seat on
the Bench. We prefer, and propose, TO judge
him by his acts on the Bench. II will be time
enough to applaud or condemn him as a par
tisan Judge when he shall have proved him.
self TO be one."
Just exactly what opprobium is meant TO
be conveyed by "a partisan view," and wheth-
er the expression is meant to be applied as
we'll to the present court and past decisions
and future courts and their decisions, we do
not know.
But we submit that If the expression was
meant In its offensive sense that 1t is unjust
both to the court as IL stands to-day, as well
as TO Its complexion after the reorganization.
We take 1t for granted that the anti.Tillman
men, as well as the anti-dispensary faction,
will 90 anything possible between now and
the 29th Of July to commit the State against
the dispensary.
We take 1t, too on the other hand, that IN
mediately after that date, the believers in the
dispensary system OF controlling the liquor
business in this State will apply to the re-
organized court for another decision.
Believing. as we do. that the law Is right.
and that the public morals and the public
welfare demand its reinstatement, we shall
confidently hope to see the court reverse that
decision, and authorize the re-opening OF the
dispensary. Such a course would stop the
illegal traffic In whiskey, and thus prevent
existing temptations to drunkenness.
Besides, believing that the law is right, and
recognizing the fact that the Judges OF our
courts should not interfere too much with the
legislative and executive departments OF the
Government, we do not believe, without plain
and palpable cause, that Judge Gary will de-
eide against the people who placed him In au-
thorify, and 10 whom he is indebted for the
distinguished honor which has been con ferred
upon him.
The most jealous hater of the dispensary
law can scarcely show thread upon which
to hang their legal opposition to it, while 1t
is perfectly clear that the courts should not
interfere too much with either the executive
or legislative departments at any time, and
especially when they are trying to carry out
the will OF the people.
The decision against the dispensary was
not, as We see 1t, TO protect the people from
usurpation Of rights and powers, but To pre-
vent the people themselves from enacting
and carrying out q law which was conducive
to the public morals. At best. the decision
against the dispensary was based only on the
shadow of the merest technicality, and not
on the plain language of the constitution, or
the clearly expressed requirements of the
public demands
But we set out TO talk Of "partizan Judges
Ever since 1875, when we had an eight 10
seven commission. we believe We have had
partizan judges, and we say this with no re.
Election on ar ybody. We believe the future
historian will accord equal honor and equal
honesty to the partizan judges who sat on the
Hayes and Tilden case.
Suppose for instance, that q commission
should be organized in this town to take tes-
timony and ascertain which Is the best form
Of the Christian religion.
II that commission was composed of Rev
]. Lowrie Wilson, D. D., Elder w. A. Temple
ton, and DR.. H. w. Bays, does anybody doubt
what the judgment would be? DR.. Wilson
and Elder Templeton would write the decis.
ion and decide in favor Of the Presbyterian,
and DR.. Bays would dissent.
But change the commission to DR.. j. Lowrie
Wilson. Judge Lyon and DR.. Bays. In that
decision in favor OF the Methodist, and DR..
Wilson would dissent.
Change it again: Put Rev. Edward Nc
Grady, Hon. w. H. Parker and Rev. j. T.
Anderson on 1t. Mr.. McCrady and Mr.. Par
ker would write the judgment in favor Of the
Episcopal, and Mr.. Anderson would dissent.
Make announcer CnanS6. Leu tue NcN. MI
Anderson, MIR. w. d. Barksdale and Mr. Par
ker be the court. They would decide that
the Baptist Is the best. Mr.. Parker would
dissent.
Call these decisions partizan, If you will
They would be honest. The people would
condemn these judges as .hypocrites If they
did otherwise than we have indicated.
Then, when q partizan or political decis-
lon is to be made, would you expect a judge
OF the State to set up different standard from
, that which we would expect Of Christian
preachers and Christian worshippers In the
church Of our Great Exemplar?
We think not. The dispensary decision
seems to be admittedly factioual, and when
II Is put on that plane, we need not doubt the
result. The court, as 1t now stands. voted ac'
cording to their convictions, and it is only
fair then TO presume that the new court will
do the same. The anti.Tiilman judges voted
against the law--the Tillman judge voted for
IL.
There are usually authorities enough to
sustain either side of question, and there is
no use of imputing improper motives TO any
body. If we charge the new court with par
tIzanship, we open the way for the same as
TO the present court.
Dispensary Troubles.