The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1894-08-30
NO. so.
THE TEST CASE AT LAST.
THE 1893 DlSPENSARY LAW TO BE
DECIDED ON.
The Aiken Caro- Agreed On for tho Pur-
pose and tho Sup, emo Court to be Cslled
nusd AprePd a On,

|
| in Extra session--The Points to be Ar
| au,d Agreed On.
COLUMBIA, s. G, Aug. 23.-The AK.
| en- case Is to be the ono which will de-
eide the 1893 dispensary law and which
| will forever settle the corstitutionality
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 On agreement that
this case shall be the test case before
| the State Supreme Court. The agree
ment was made in Aiken on Tuesday
yvhile 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 a few days ago and his
answer Is expected today or tomorrow.
| If the request Is acceded to the extra
session Will be held the last Of this
month or the first Of September. The
court will consist of Chief Justice Nc.
liver 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 REALTORS 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:
1. In holding that the respondents,
, municipal corporation, could set up and
| plead that the Dlspensary Act Of 1893
Ia in violation Of sections l, and al OF
Article Of the Constitution Of the
i State Of South Carolina.
Q 2. In holding that 1t Is competent for
u the respondent to set up and plead that
the Dispeneary Act Of 1883 Is In viola
,. tion of the 4Ch, 5th and 18th amend.
II ments to and Of section 8 of Article 1
r. Of the Constitution Of the United States
II and also in conflict with the Interstate
T. Commerce law.
e 3. In holding that the Dispensary Act
n Of 1893 Is an amendment Of the Dis
W pensary Act of 1892 and unconstitu-
u t1onal.
IS 4. In holding that the said Act con-
l. stitutes monopoly In the sale Of in
q toXicating liquors and Is therefore
1r void; whereas ne should have held that
III the exclusive sale by agents of the State
a passed by the Legislature In It's wisdom
10 In furtherance OF It's Judgment that
=, such measure was necessary re-
II quirement for the regulation of the
Q liquor traffic, to protect the health, ,mor.
q ais and welfare Of the people; and That
!, the exclusive control by the State Of
= such a recognized subject Of police su-
l. q
: 5. In holding that the said Act is
+ unconstitutional In providing for the
exclusive sale by agents Of the State
and forbidding all other persons; ;where-
Q 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
4 State over recognized subject matter
or police supervision.
I 6. In not holding that the Dispensary
Act OF 1893 Is valid law and In no
l wise violates the Constitution of the
. United States or that OF the State Of
y South Carolina.
: OsMUND w. BUCHANAN.
Attorney General, for Relators appel
, liant.
EXCEPTIONS OF RES p ON DENTS.
T The following are the exceptions Of
the respondents:
l. Because 1t is respectfully submit
ted that the REALTORS herein had ample
remedy at law for the correction of anv
grievance of which they complain, and
: therefore they were not entitled to the
t writ Of prohibition and his Honor the
q Circuit Judge erred In not so deciding.
l 2. because the said Act of the Gene
|. raj Assembly OF this State violates Sec
. tion Of Article 1 OF the Constitution
, Of the United States and also violates
= the Act Of the Congress of the United
g no nfua
, the States and Is therefore null and
/ void.
= 3. Because the said Act of the Cen
!. eral Assembly Of this State violates the
/. 4th, 9Th and I4th amendments Of the
y Constitution Of the United States and
:. is therefore null and void.
l 4. because 1t Is respectfully submit.
J.. ted that the ordinance Of the city of
!, Aiken retorred to in the return herein
{ is authorized by section 1887 OF the
General Statutes Of this State; that the
. same Is lawful and of binding force
within the corporate limits Of the city
Of Aiken and his Honor, the Circuit
Q Judge, erred In not 80 deciding.
Q S. That his Honor erred in granting
the writ Of prohibition and deciding
that the respondents should pay the
costs Of tho proceedings herein:
: M. B. WOODWARD.
0 Attorneys for Respondents.
!, THE AGREEMENT.
J. We agree that the forea Ding shall
o constitute the cease upon which this
cause shall be heard In the Supreme
8 Court of South Carolina and that O
K copy thereof shall be used In lieu of n
t return In the Office of the clerk Of said
: court.
o .. w. BUCHANAN,
y Attorney General for Relators.
n q. w. CROFT,
8 M. B. WOODWARD,
q Attorneys for Respondents.
!, A Horrible Find.
PITTsBURo. Pa. Aug. 21.-Thomas
Harris Of Esplenborough returned to.
t day from Mount Clemens where he had