The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1894-08-30
THE TEST CASE AT LAST.
THE 1893 DlsPENSARY LAW TO BE
DECIDED

| poAe aid the Supr emo Court tn De Oslled
| Ru,d Agreed On.
| COLUMBIA, 5. G Aug. 23.-Tha AK.
en- case Is to be the one which will de-
eide the 1888 dispensary law and which
will forever settle the corstitutionaltty
or unconstitutionality Of the famous
law unless 1t can be gotten into the
United States Supreme Court.
The State and the city authorities Of
Aiken have made an agreement that
this case shall be the test case before
the State Supreme Court. The agree
ment was made in Aiken on Tuesday
while Assistant Attorney General Bar
Der was In that city.
| or course everybody will want to
know when the case can get before the
court. The truth Is that Governor Till
man has requested, and Attorney Cen
eral Buchanan has joined in the re.
quest, that Chief Justice McIver call
an extra session Of the court as soon as
possible. The request was sent to the
Chief Justice few days ago and his
answer Is expected today or tomorrow.
session Will be held the last Of this
month or the first Of September. The
court will consist Of Chief Justice Nc
Iver and Associate Justices Pope and
Eugene Gary.
The case Is to go to the court on ex-
ceptions to the decision Of judge AL
drich and the points to be argued have
also been agreed upon. They are AZ fol-
lows:
EXCEPTIONS OF TIE RELATORs.
Tue relators except to and appeal to
the Supreme Court of South Carolina
from the decree rendered and made
herein by his Honor Judge James Al
drich on the 18th day of August, 1894,
upon the ground that his Honor erred
as follows
/. In holding that the respondents,
: municipal corporation, could set up and
| plead that the Dispensary Act Of 1893
Ia In violation Of sections 1, 2 and 4l Of
Article Of the Constitution Of the
! State Of South Carolina.
2. In holding that 1t Is competent for
II the respondent to set up and plead that
the Dlspeneary Act Of 1893 Is In VIOLA
g. tion of the 4ch. 5th and 18th amend.
II ments to and Of section 8 Of Article
E. Of the Constitution Of the United States
II and also in conflict with the Interstate
T. Commerce law.
10 3. In holding that the Dispensary Act
II Of 1893 ia an amendment Of the Dis
pensary Act Of 1892 and unconstitu-
q tional.
Is 4. In holding that the said Act con-
l. stitutes monopoly in the sale Of in
9 toxicating liquors and Is therefore
Of void; whereas he should have held that
~ the exclusive sale by agents Of the State
70 70 Is proper police regulation regularly
IL passed by the Legislature In its wisdom
10 In furtherance or its judgment that
:, such measure was necessary re-
II quirement for the regulation Of the
liquor traffic, to protect the health ,mor.
q ais and welfare Of the people; and that
!, the execlusiv ve control by the State of
Z = such a recognized subject Of police su-
l. pervisiOn Is constitutional and valid.
:, 5. In holding that the said Act is
T. unconstitutional in providing for the
exclusive sale by agents Of the State
and fOrDidding all other persOns;Where-
o as he should have held that said Act
providing for such sale exclusively by
3 agents Of the State Is a constitutional
exercise Of the police power Of the
l State over recognized subject matter
Of police supervision.
q. In not holding that the Dispensary
Act Of 1893 1s a valid law and in no
wise violates the Constitution of the
L. United States or that Of the State of
, South Carolina.
OsMUND w. BUCHANAN.
Attorney General, for Relators appel
liant.
EXCEPTIONS OF RESI- sPoNDENTs.
The following are the exceptions of
the respondents:
l. Because it is respectfully submit
ted that the REALTORS herein had ample
remedy at law for the correction Of any
grievance of which they complain, and
= therefore they were not entitled to the
{ writ Of prohibition and his Honor the
, Circuit Judge erred in not so deciding.
g because the said Act of the Gene
raj Assembly or this State violates Sec
tion of Article l Of the Constitution
| of the United States and also violates
the Act Of the Congress Of the United
E States regulating commerce between
the States and Is therefore null and
void
3. Because the said Act of the Cen
eral Assembly Of this State violates Che
4th, 9Th and I4th amendments Of the
, Constitution Of the United States and
. Is therefore null and void.
| 4. Because 1t Is respectfully submit.
ted that the ordinance Of the city of
Aiken referred to in the return herein
I Is authorized by section 1887 OF the
same Is lawful and of binding force
/ within tho corporate limits Of the city
of Aiken and his Honor, the Circuit
, Judge, erred In not so deciding.
, 8. That his Honor erred in granting
the writ Of prohibition and deciding
that the respondents should pay the
costs Of tho proceedings herein:
". W. OISOtIt
= M. Is. WOODWARD,
Attorneys for Respondents.
, THE AGREEMENT.
We agree that the fOree Ding shall
constitute the cease upon which this
cause shall be heard In the Supreme
Court Of South Carolina and that q
copy thereof shall be used in lieu of q
return In the Office OF the clerk Of said
, court.
0. w. BUCHANAN,
Attorney General for Realtors.
G. w. CROFT,
M. B. WOODWARD,
Attorneys for Respondents.
Il Horrible Find,
PITTsBURd, Pa. Aug. 21.--Thomas
iiarris OF Esplenborough returned to-