The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1894-10-16

State board OF control, aud furnish the
same to such persons as may be desig-
mated as dispensers thereof. All liquors
shall he tested by the chemist and de-
clared to be pure before sale for the
county dispensers. The State board of
control shall appoint u county board
of control, composed Of three persons
who shall appoint certain officers
known as county dispensers. The dis
pensers can only sell by the package,
which cannot be broken nor the liquor
drunk upon the premises where sold.
The Act shows that the Legislature
had in view the protection of the NOR
ais, good health and safety of the
State. In dealing with this question
many safeguards are thrown around
the sale of liquor. The commissioner
Is to be an abstainer from intoxicants I;
the liquor is to be tested by the chem
| list and declared to be pure; the liquor
is to be sold only in packages and can
not be opened nor drunk where sold ;
the sales can only be made I'm day time;
persons cannot be appointed on the
county board of control who are adj
dicted to the use of intoxicating liquor;
no person can be appointed a county
| dispenser who has ever been adjudged
guilty Of violating the law relating to
Intoxicating liquors, nor who Is keeper
OF a restaurant or q place of public
amusement, nor who Is addicted to the
use OF Intoxicating liquors az a bever-
age the county dispenser shall exc
cute a bond in the sum of SO, 200 upon
which suit for damages may be brought
for violation OF the provisions OF the
Act by a wife, child, parent, guardian,
employer or other persons; a majority
Of the voters in u township may pre-
v mt the establishments of q dispen-
s sry {; the county dispenser shall take
an oath therein prescribed ; a printed
or written request must be presented
for permission to purchase; the sale
shall not be made to- minor, q person
intoxicated, a person in the habit OF
drinking to excess, nor to q person un-
known to the dispenser it prevents
liquors are used. One OF the beneficial
results Of the law Is brought about by
sel~ling-only for cash.
1t has been argued hat there was
no necessity for this regulation by the
State, that the same results could be
accomplished by allowing private indi-
viduals to carry on the traffic, and for
this reason the Act is null and void.
The necessity was a question exclu-
sively for the legislative department
as shown by the foregoing authorities,
PAL ticula"ly town council vs. Presley,
80 S. c. The judiciary "cannot run a
race of opinion upon points of right,
reason and expediency with the law
powers" The State has tho right
through it's own officers, in fact it is the
primary duty to, enforce it's police regu.
l%ations, which right inheres in govern.
ment itself and is paramount to any
right inherent in citizenship.
But referring to the foregoing Objec.
tiCn, as matter Of fact it would not be
as efficiently enforced by private indi.
viduals, because there would be the
constant temptation to make as large
profits as possible. Chief Justice Nc.
liver, in Mccullough vs.. Brown, says
by it's profit feature it holds out an
inducement to every taxpayer to en-.
thereby lessen the burden of taxation
to the extent Of the profits to be rea.
lized."
HI OUTGROWTH OF DISSATISFACTION
The dispensary act itself is an out
growth Of a dissatisfaction on the part
ofthe people with the manner in which
the police power, when delegated, was
abused. The law was enacted in self.
defense, and vindicates the wisdom OF
our forefathers in allowing wide legis'
lative discretion in the exercise of the
police power. There is nothing in the
act showing that it's primary object is
the raising of revenue. The sales are
to be made under rules adopted by the
county board of control, and approved
by tho State board of control. 1t is
certainly possible for the objects OF
the act to be carried into effect under
proper rules adopted for that purpose.
1t is within the power of the boards OF
control to eliminate the profit feature
altogether. 1t is presumed that public
officials will discharge the duties OF
office in u lawful manner, until the
contrary appears. When a case is
brought before this court, c%ontesting
the legality of the rules adopted by
the boards of control, it will be time
enough then for this court to pass upon
no such question is now before us.
Objection has been urged against
the act that it is repugnant the pro-
visions of the Constitution 10 to taxa
ton. This objection could only be
sustained in case it should be decided
that the object Of the act is not the
exercise of police power. Police is q
public purpose n taxes levied to en-
able the government to enforce q law
construed to be in pursuance of the
police power has never been declared
unconstitutional. Those i%nterposing
the objection abve mentioned as
sumed that the act is not a police meas
ure and thus argue against its con
stitutionality.
If tho act is o police measure a tax
levied for its enforcement would be as
lawful as a tax to raise funds to build
n State House, or railroad, which it
has been determined beyond contro-
versy, the State always does under this
power of police, inherent in the govern
ment. Before this objection can pro-
perly arise it will have to be determin-
ed whether the act is a police measure,
which is always a public purpose.
Objection is made as to the consti-
nationality of tho act on the ground
that it creates a monopoly. Those in
~terposing this objection, likewise, as
sumo that it is not a police measure.
The objection is fully met by the de-
cision of the court in the slaughter
house cases supra, in which the court
says THAT wherever the Legis-
lature has the right to accomplish q
certain result, and that result is best
attained by means of q corporation, it
has the right to create such O corpora
ton aud to endow it with the power
necessary to effect the desired lawful
purpose, seems hardly to admit Of de-
bate"
Tiedman on limitations Of power,
BIS, says: "If it is lawful for the
State to prohibit "a particular business
altogether, or toomake q government
monopoly OF it, the pursuit of such
business would, II permitted to any