The people's journal. (Pickens, S.C.) 1891-1903, 1894-05-17
s. c., THURSDAY MAY II, 1894.

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and hence the action of the City
Council of Florence in granting
such licenses would be nitro viri.
and absolutely void and there.
fore, tho injunction, as asked
for by the petitioners, in the case
first named, must be granted.
In the second case, the petition.
er moves for his discharge from
custody upon the ground that
thero is now no law prohibiting
the sale Of splrituous liquors
within the limits of this State
This court decides that this is a
mistaken view of tho law. On the
contrary, we hold that the act
OF 1892, commonly called the
dlspcnsary act, having been de.
clared unconstitutional in all
it's provisions, except that for.
bidding the granting of licenses
to sell spirituous liquors after
the day therein named, the re-
pealing clause OF that act fell and
must be regarded as if never en-
acted, and hence the previous
laws forbiddimg the sale Of spi-
rituous liquors without q license
remain of force, under which
the petitioner may lawfully be
indicted. In addition to this
he may also be proceeded
against for violation of the or
dinance Of the city of Floronce
mentioned in the warrant under
which he had 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 is
sue as prayed for in this petition
1t is further ordered, that, in
the second case named in the ii.
tie hereof, the motion of tie
petitioner for q discharge be re.
fused; and that the said j. ELLIS
5runson be remandcd to the
custody Of the chief of police O.
the city Of Florence to be by hin
safely kept until he is thence lie
livercd by due course Of law, thi
eighth day of May, 1894.
LSigncd
l HENRY McIvER, G. j.
l We Concur.
S. McGowAN, A. j.
Y. J. POPE, A. j.
Most of the saloon men here sa,
that they will abide by the deci
sion and close their places of busl.
ness as soon as they understand
the situation fully. There is little
doubt that the decision means lust
what IT says. tt will be seen the
court goes so far rs to order the
prosecution of the man VINO inGti-
tutcd the habcas corpus proceed
ings before it.
The question is asked il there is any
law for the punishment Of violators
section 1874 OF the general statutes
imposed Il fine of not less than 5000
or sentence Of not less than &
months In the pcnlicntiary on all per-
SONS who sell whiskcy without L.
censc. AS the court decides that
there is no power in the State author
izng the issuing Of license, any per.
son selling without license, will bo
subject to the sentence given.
SO far as known, however, there
is no punishment for the shipment of
whiskcy INTO the State.
Governor ri Imam was asked to-day
what he intended to do about trying
to enforce the prohibition law; he
said he would lend his moral SUPPORT
to it and do all he could to enforce il;
but he didn't have any machinery to
enforce it. lie also said that he was
glad the uncertainty about affairs had
been settled.
The prohibitioniats say that they
will prosecute vlolators Of the law
and it is supposed that city and coun-
ty authorities will do likewise.
Not A Fool.
1t is pretty nnnorallv undnrsi ood