The Lexington dispatch. [volume] (Lexington, South Carolina) 1870-1917, 1894-09-19

i i
of the Most Momentous Matter in ths
State-The Attorneys Against the State
Pressing the Law of Stare Dectsis.
COLUMBIA, S. c., Sept. 13.-It was ex
actly II o'clock yesterday mornina
when the three Justices of the Supreme
Court solemnly filed into the court
room and took their seats. They wore
the black gowns which tradition says
all Judges must wear. Chief Justice
McIyer took the center of the three
seats arranged for the Judges. Jus
tice Pope took the seat on the right OF
the Chief Justice, the one formerly oc'
cupied by Justice McGoWan. Justice
Gary took the seat on the left formerly
occupied by Justice Pope. Justice
Gary did not seem i'll at ease IN his po'
s,tion and stranger walking in could
not have told but that every member OF
the honorable court had been there for
years.
The Chief Justice announced the
icourt ready for business. The court
room was fairly well filed with visitors
and among the number were several
LAWYERS outside the city. Besides these
we're a number of saloon men and one
or two prohibitionists.
| EVERYBODY knows that the court has
been called in extra session for the pur-
pose of passing on the constitutionallty
of the Dspensary law. The constltu-
tionality of the law is involved IN two
cases-Whatis is known as the Aiken case
and what is known as the Charleston
Injunction case. The titles of the cases
are "The State ex relatioae j. v George
and G. T. Policy, relators, against the
CITY Council of the City of Aiken, re.
spondent," and Theodore Melchers and
| F, w. Jessen, plainants, petitioners
against W. Z. G. Bates, Treasurer OF
the State of South Carolina, and D. d.
Traxler defendants.'
There are some points of difference
in each case but the cases are to De
heard at the same time and the court
will dispose of them about the same
time but not likely in the same decision.
The attorneys representing the State
in both cases are Attorney General
Buchanan and R. ". Boyd OF Darling
ton: for the city of Aiken, &. W. Croft;
and for Melchers and JesSen, J.P. X.
Bryan and II. A. N. Smith OF Charles.
ton. All these we're present yesterday
morning except Mr.. Smith, who is in
Tennessee on business and could not
get here. Mr.. Bryan explained to the
court Mr. Smiths absence and asked
that the latter be allowed to Tile his ar
eument within a certain time. The
court conferred on this few SECONDS
and answered that Mr.. Smith could file
the argument within ten days. Tne
Chief Justice, however, announced that
the court might reach decision within
ten days. This was the only indication
given during the day that the court
proposes to hurry the cases.
The proceedings were opened by At
torney Croft reading the records OF the
Aiken case. Attorney Bryan followed
by reading the petition for the inJunc-
tion. In response to this petition At
torneY General Buchanan submitted
the following formal answer:
w. T. G. Bates and d. h. TraXler,
upon whom has been served rule re-
curing them to show cause why the
writ Of Injunction prayed for by the
petitioners herein should not be grant
ed, respectfully make return to said
rule, and for causes show:
l. That the respondent, W. 7. g..
Bates, is the duly elected and qualified
TIE asurer Of the State OF South Caro-
lins, and the respondent, D. II. Traxler
is State Commissioner duly appointed
under the Act of the General Assembly
of the said State, entitled "An Act to
prohibit the manufacture and sale Of
Intoxicating liquors as a beverage
within this State, except as herein pro-
yided" and continue IN said office un.
der the provisions of an Act OF the
said General Assembly entitled IAN
Act to declare the law in reference to,
aud further regulate the use, sale, con-
sumption, transportation and dlsposl-
tlon of alcoholic liquids or liquors with
in the State Of South Carolina and to
police the same" approved December,
90, 1898, and now in force IN this State.
2. That the acts of respondents, both
those done and performed, complained
Cf and objected to by petitioners herein
are each and all required OF respondents
by the said last mentioned Act, and
have been performed and will be per-
formed by them and each of them in
the faithful discharge OF their sworn
duties as officers Of the State as afore-
said.
3. That they deny the unconstltution-
ality, invalidlty and nullity OF said
Acts, in the particulars specified in the
petition herein or in any other particu.
lar; and, on the contrary allege that the
said Acts were passed by the Ganeral
Assembly in the legitimate exercise OF
its constitutional power of legislation
and with the purpose and in the sincere
desire to minifv the evils Of the sale Of
liquor within the borders Of this State.
4. They deny that petitioners. or those
united with them, have suffered injuries
or are about to suffer iDj crles FROM the
operation Of the said Act Of 1893; and,
on the contrary, alIege tna5 the opera
tion of the said Act has conferred aud
will continue to confer great benefits
npon them, and upon all the law abld-
Ing citizens O. the State, in the way of
rescuing the people, and especially its
youth, from the corrupting and demor-
aliZing influences of the liquor saloon.
That petitioners complain as taxpayers
but that on their oWD showing, the
moneys the disbursement of which
they seek to restrain are not the pro-
| ceeds of taxation but derived from the
sale OF liquors Dy the State.
5. The respondents further ans sWering
the rule herein, allege that the writ OF
injunction prayed for should not issue
for that petitioners allege no special
irreparable injuries to them selves be-
yond those suffered by the people at
large, nor do they allege IN what re-
spect they have been or are likely tu be
injured by the operation of the said
Act.
6. The respondents further answering
the rule herein, ailege that the writ of
Injunction prayed for should not issue,
for that they are officers OF the State
and should not, at the instance OF pri'
vate citizens, be restrained in the dis
charge or their public and official duties
on the alleged ground Of the unco1sti-
tutiOnalitY of the law recurring their