The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1894-04-25

bly, have been what it was. Even in the
case of in re Raber, 140 U. S. Rep, ct
p. 556. Fuller, G. j.. recognizes the
same same doctrine, although chat case
arose after the passage of what is com
monty known as the Wilson BILL"
which was doubtless passed with a view
to obviate the effect of the decision in
Leisy VS. Hardin, supra.
Indeed the whole course Of legisla-
ton, both State and Federal, demon
s.rates that the sale of intoxicating
liquors is a legitimate subject of COM
merce and trade; for otherwise it would
be absolutely impossible to vindicate the
United States internal revenue law, and
the very numerous statutes which have
been passed 10 this State ever since the
foundation of the Government permit
ting the sale of intoxicating liquors,
under such regulations as the law-mak-
ing power may have FROM time to time
deemed necessary, either to secure a
revenue from such traffic or to surround
it With such restrictions as have been
thought necessary or expedient to pre-
vent evil apt to grow out of such
traffic.
To say, therefore, that the sale Of
intoxicating liquors belongs to that
class Of wrongs deuominated as mala
in Sc would be to cast a grave imputa-
ton upon the law-making department.
of the Government. both State and
Federal, and this we are very far from
being willing to do. Indeed the very
highest Of all authority might be cited
to show that the manufacture and sale
of spurious liquors is not nahum 10 Sc.
Indeed the most ardent Prohibitionlsts,
so far as their wishes have taken the
shape Of law, must be regarded as
admitting the proposition for which we
contend: for every prohibition law
which has fallen under our notice. con-
tains provisions recognizing this propo-
sition by excepting from its operation
sales Of liquor for certain purposes,
namely : Medical, scientific, mechaui-
cal or sacramental purposes, thereby
expressly admitting that the mere sale
of intoxicating liquors is not wrong,
but actually necessary for certain pur-
poses.
The very Act now uuder considera-
tion-the dispensary law-by its ex-
press terms shows beyond all dispute
that the Gereral Assembly did not
intend to put its seal Of condemnation
upon the sale Of intoxicating liquors, as
morally wrong or even as subversive Of
the public welfare, for it makes ample
provision for the sale Of such liquors to
an unlimited extent for any purpose
whatsoever, aud makes specific pro-
vision for the sale Of liquor in just
such quantities as would suit all classes
Of consumers.
Before, therefore, the sale OF intoxi-
eating liquors can be declared unlawful
there must be some valid statute de-
claring it to be so, and we must say
that We have been unable to find any
such statute on the statute books Of
this State. OF course we can find
many statutes fcrbidiDg such sale
except upon certain prescribed condi-
tons, but none making the sale abso-
lutely unlawful, unless it be in certain
specified localities uuder what are
called ''loeal option laws" which are
exceptional in their character and need
not be considered here While, there.
fore, without permitting ourselves to
indulge in any sentimental declaration
as to the evils flowing from an unregu-
lated aud unrestricted traffic in intoxi-
eating liquors. which, however appro
pirate elsewhere, We do not regard as
becoming in a judicial opinion, We
freely remit all that can properly be
said on the subject, and therefore We
fully concede the power on the part Of
the Legislature to throw around such
traffic all safeguards necessary and
proper to prevent, or at least minimize,
such evils; and while We furtha,
admit for the purposes Of this discus
sion that the Legislature may 60 fur
Their and absolutely prohibit the sale o.
intoxicating liquors within the limits o.
this State, yet the practical question
still remains whether the Dispensary
Act falls within either of these classes.
1t does not seem to US possible tc
regard the Dispensary Act as a Law
prohibiting the sale of Intoxicating
liquors. On the contrary it not only
permits but absolutely encourages such
sale to an Unlimited extent, for by it,
profit feature it holds out an induce
ment to every taxpayer to encourage
as large sales as possible. and thereby
lessen the burden of taxation to the
ovtoot IF thu nro6te roali1od thf