The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-09-19
The LIQUOR ANp DIsPENsARY ouEs-
TI0N,
As Viewed from q Distant state oy ono
who Feels an Interest and frade IN
Sonth Csroiina-He Admires Gov
ernor Tillman's Pluck ana
Energy.

Sonth Caroiina-ae AomireSUo'
ernor Tinman's Pluck ana
Energy.
To the Editor of The Herald and
News. read with much Interest the
var;o;1s efforts the people OF South
Carolina are putting forth for reform
In rhe povernu,en,aI department OF the
State. While the great majority OF our
people are suffering from ualaanlnis-
tration of the National government 70
such an extent, particularly IN my
State, as I never Witnessed oeforei ana
they are clamoring both for the repeai
and enactment OF laws adverse ana ol-
verse in their nature and character,
,your people seem TO be mainly engaged
on questions or question Of State pol
lev. I mean "Dispensary Act, one
which has arrayed against 1t all the
mover that unscrupulous aVarlce and
cnnidity can summons. The reason for
this is yery oovious;- the vast emoiu-
/. u,ents of the liquor traffic, are wrested
from the hands of private statesmen ana
given to the State both for the purpose
of replenishing its treasury and relm-
bursting itself for the great damage
il srstains from private and (almost
universally lawless traffic.
The ,iquor power, restless as the
cyclone (when thwarted), and sleeplsss
as the sun; possessing great wealth, de-
termines to invaIidate1these laws which
yonr most commercially vigilant ahd
fearless government prevents II from
violating. Our forefathers, after CIV
ang the people legislatures to enact laws
for their government, and constitutions
TO define their authority, also wisely
gave them judges, or courts, to deter
mine the legality and constitu@onalty
s of disputed legislative enactments. 10
s this court the rum power appeals as
last resort, aud employs the ablest OF
: ieyal talent to show the invalidity or
unconst:tutionality of the 'dlspensary
act, After an exhaustive exanlna-
ton of the act in question, also acts OF
8 kindred nature, of previous decisions,
of State and individual rights, TWO OF
the Judges de ;ided the "oispensary
actn Invalid, while one decided to the
contrary. The rum power gained It's
point. further it cares not, but these oe-
cisions being public property, are suo,
;ect to the criticisms Of those who READ
them. Some laws, (but few however),
receive the unanimous sanction o!
cou It's. willie others often are sustained
b: one court and condemned by an
other. Such has been the fate Of the
t:6jspensary act" and we know not
how it would fare before the supreme
court of the United States The gen.
eraI government prohibits the manu-
facture of liquor unless a tax IS palo,
also the sale of it unless q license IS
purchased, thus asserting the right to
DISPOSE of that business just as it pleases
. resardless Of claimed ed>indiVidual rights.
Theaaestion then arises, is South caro-
lima prevented by constitutional bar
q riers fyosa psiHg the same authority!
That does not appear, and the last de-
xfsion seems to rest mainly upon nhe
drawn delineations Of personal rights
and privileges ignoring those laws that
force road or railroad through or over
private land; that condemn parts OF
such land for public use, that impose
taxes and make private rights yleid
mainly to public requirements. Jurlsts,
like all other men, are human, and IS
II saving too much to say that in Judg-
ing laws of doubtful validity they are
Ito some extent at least) influenced by
predilection and partlality. This may
induce them to construct or lorm Inelr +
decisions upon different bases, one OF
which is, that no law Is Vanc "nlcn
the constitution has not plainly en-
powered the Legislature to enact; the
other, that all laws are valid that 90
not transcend constitutional restrlc-
tions. On these bases or platforms ap-
pear to have been constructed the dis
eordant opinions of the courts concern
ing the constitutionality of the dis
penssry law"
: sWho shall decide, when Doctas disa-
gree;
and soundest casuists doubt, like you
and me-"
There is another basis for judicial de-
eisions which many courts overlook.
B.sckstope, the great deiner of human
rights; and of the authority of corstl-
tations and laws, plainly teaches that
sAny law contrary to the divine law,
as expressed in the Bible, is invalid
and should not be obeyed.' I may not
give his precise language, but 1 do his
meaning, and must add that, had the
court taken Biblical teachings concern
ine: indiscriminate liquor selling,
backed by decisions of the United
s States court and State courts also, they
would have unanimously decided that
selling spir;tnous liquors as beverage
wss Unconstitutional, will not bur-
den nv intelligent readers with the Pc
rusal of these decisions preSuming that
shey know them.
But to return to the "6ecisaon." Not
presuming to say whether the three
iudges were to any extent Influenced
by moral reasons or not, must ask If
two of the Judges did not give a most
stunnins blow to the doctrine of Estate
Rights" question concerning which
I sOrbear further to speak.
TIE Scripture says, "Happy IS the
man thst condsmneth not himself 10
the thing which be alloweth." May
we not with equal propriety say: Wor-
thy is that State which condemnetn
not itself in the things which it doeth.
$ Now for the application. l mean no
Aattery when express my admiration
of. and my high regard for the courage
ous, the enterprising, the literary and
che reformatory character Of the peo-
ole OF South Carolina, the land of MY
parents birth and my grand parents
home: the land I have thrice visited,
and from whose people I've received
the fullest hospitality and the kindest
treatment. Many of her people ex,
hibit the highest type of social life and
are now striving with might and main
to carry out these reformstory meas
ures which, if successful, will exsit her
high, high in the sisterhood OF States:
South Carolina IS now IN the van or
the great temperance reform, her move
ments are watched with alarm by the
rum power, and with great interest oy
the friends Of temperance. This ques-
tion is slowly but surely forcing ma.
t;onsl recognition, and the meaning Of
khe sentiment exp pressed above is, that
as South Carolina appears as the leader
: tn it, if she has done anything deroga-
tory to +ennerance she NAV purge her