The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1894-05-16
in the case first named must be grant

In the second case the petitioner
moves foI his discharge from custody
upon the ground that there is now no
law forbidding the sale of spirituous
liquors within the limits Of this State.
This court decides that this is a
mistaken view of the law. On the
contrary we hold that tho Act Of 1892,
commonly called the dispensary Act,
having been declared unconstitutional
in all its provisions, except that for
bidding the granting of licenses to
sell spirituous liquors, after the day
therein named, the repeating clauses
of that Act fall, and must be regarded
as if never enacted, and hence the
previous law forbidding the sale of
spirituous liquors without license
remains of force, under which the
petitioner may lawfully be indicted.
| In addition to this he may also be pro-
ceedcd against for violation of the
ordinance of the city of Florence men
toned in the warrant under which he
has been arrested and is now held in
custody.
1t is, therefore, ordered that, in the
case first named in the title Of this
order, an injunction do issue as prayed
for in this petition.
It is further ordered that, in the
second case named in the title hereof,
the motion Of tho petitioner for dis
charge he refused and that the said
J. Ellis Brunson be remanded to the
custody of the chief of police of the
| city of Florence to be by him safely
kept until he is thence delivered by
due course of law. This eighth day
of May 1894. HENRY MCIvER.
Chief Justice.
We concur: S. MCGOWAN, A. j.
Y. j. POPE, A. j.
As the Chief Justice concluded
reading there was puzzled look on
every countenancc. Many had not
fully understood the meaning Of the
decision. AS the Chief Justice laid
the paper down he turned to the gen.
tlemen of the bar in the most business
like manner said: care there any
motions to be heard this morning,
gentlemen ?" He did. not have the
appearance of a man who had, by
uttering about six hundred words,
placed whole State under new pro-
hibition law.
Ina short time the news of the
decision. was all over the city and
nothing else has been talked Of since.
The prohibitionists seemed to be
realty delighted at having secured
prohibition, accidental though it be.
Shortly after the decision was fled
q copy of it was taken to Governor
Tillman, and he was asked point blank
what he had to say about the change
in the situation and the enforcement
of the new law. The Governor said:
IT am glad that we know what the law
is at last, and will be able to stop all
this houndering about in the sea of
uncertainty. [ am only sorry that
they did not leave me the constabulary
to help enforce it."
"Well, what will you do to enforce
this law 2" was asked.
The Governor replied: "What ma
chinery have I got to do anything
with. The sheriffs and police are un-
der other officers. They are not under
my control. I can only lend my moral
support to the law and what official
support I may have, but wish you
would tell me what authority I've got.
I, of course, want to see this law en-
forced just as much as any other law"
Governor, isn't your proclamation
taking control of the police Of the
towns and cities of force yet p
'sMy proclamation said the Gov
ernor, twas only of force until the
dispensary law was declared off. That
law being no longer law, I have no
longer power to enforce it. -
'sBut you could reissue that procla-
nation now and make use Of it to en-
force the prohibition law, couldn't
you ?"
"How could I do that ? The neces-
sity does not now exist for issuing the
proclamation.
"Well, suppose the municipal au-
thorities find they can not enforce the
law, what then p
F'You are taking for granted that
they can not.
eyes, l am.
The Governor then said "Well,
we had better wait and see before we
undertake to discuss localities. I'm
not discussing emergencies that might
arise six months hence. [ never un-
dertake to cross bridge until | get to
it. I have no machinery to enforce
this law. Before 1 had machinery.
I took charge of the local police then
for specific purpose, the emergency
having arisen. [ did that because it
was said that the other machinery |
had at my command to enforce law
were melting riot and bloodshed.
The people, that is, many of them,
now have what they say they have
been wanting. l am willing to let
them try it. F."