The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1894-04-25
Dispensary Decision.
nNrrNUED rRcM THIRD PAGE.

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tecting society could lawfully engage in
a business which sis inherently and
necessarily injurious to society" We
must prefer, then, to follow the case of
Beebe Us State rather than State VS.
Breonen's liquors, for while it has been
said that the case Of Beebe rs State has
been overruled, Though the case to that
effect has not been brought to u atten-
ton yet we do no: cite the case as
authority, for it is no: authority here,
but is only referred to for the reasoning
contained in the opinion. Indeed,
neither the Indiana nor the Connecticut
case could constitute authority in this
case. for the reason that the statute
which We are called upon to conssrue
contains very different provisions from
those found in either the Indiana or
Connecticut statutes.
But in this connection we are enabled
to cite q very receas case which the
research of counsel for respondents
furnished us with, which, it seems to
Us, is as conclusive of this whole matter
as any case from abroad cao be. That
is the case Of Ripe VS. Booker, 57th
Northwestern Report 331, in which one
Of the points distinctly decided is thus
stated in the syllabus prepared by the
Court: ..The police power OF the State
TO regulate a business is to be exercised
by the adoption of rules and regulations
as to the manner in which it shall be
conducted by others, and noe by itself
engaging in it."
In that case the question as to the
constitutionality Of an Act entitled Gan
Act to provide for the purchase of a
site and for the erection of a State
elevator or ware house al Duluth for
public storage of grain" and one of the
grounds upon which it was sought TO
sustain the constitutionality Of the Act.
was that it vas en- exercise of the police
power. But the Court held that, while
1.-THE right of the State, in the exercise
of its police power, to regulate the bust
ness Of receiving, weighing, inspecting
and storing grain in elevators aud ware
houses as being 3 business affected with
q public interest is now settled beyond
all controversy by the same case of
MUM vs. Illinois, 81 u. S. 113, and
others on the same line. yet that the
Act there in question could be
regarded as a police regulation of
the business, and that the police
power Of the State to regulate a bust
ness, does not include the power to en-
gage in carrying it on It would ex-
tend this opinion t an understandable
length to make further quotations from
the opinion of the court in that case,
which might be instructive and pro6ta-
bic. It seems to us, therefore, that in
no view of the case can the ~dispensary
act be regarded as a police regulation Of
the business of selling intoxicating
liquors. land even if it could be that
such police power does not include the
power on the part of the State to ep-
gage in carrying on such business
Finally the constitutionality Of the
dispensary act is assailed upon the
ground that the Legislature have uu-
dertaken. thereby, to embark the State
in a trading enterprise, which they
have no constitutional right to do-not
because there is any express prohibition
to that effect in the Constitution. but
because it is utterly at variance with the
very idea Of civil government. the es-
adjustment of which was the expressly
declared purpose for which the people
adopted their Constitution /; and there
fore all the powers conferred. by that
instrument upon the various depart
ments of the government must neces-
sariiy be regarded as limited by that
declared purpose. Hence, when by the
FIRST section Of the second article of the
Constitution, the Legislative power was
conferred upon the General Assembly,
the language there used caunot be con-
strued as comforting upon the General
Assembly. the unlimited power. of leg
islating upon any subject or for any
purpose according to it's unrestricted
will !; but must be construed as limited
to such Legislation as may be necessary
or appropriate to the real and only pur-
pose for which the Constitution was
adopted, to-wit. the formation of a civil
government. In this connection it is
noticeable that the word call" is
not used in the section above referred
to, but the language used is 1.-The legis-
lative power meaning such legislative
power as may be necessary or appro-
pirate to the declared purpose of the
people in framing their constitution aud
comforting their powers upon the va
rious departments, constituted for the
sole purpose of carrying into effect
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