The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-05-09
STRICT PROHIBITION.
The Supreme Court Unanimously Says SO,
Governor Tillman Says SO, and 1t 10 So.
ISpecial TO The Herald and News. ]

Especial to The Herald and News.
COLUMBIA, May s-l2 M.-The Sn-
preme Court decided to day in the Flor
ence cases that under the law as it now
stands there is no authority invested
with the power to grant licenses for the
sale of spirituous liquors within the
limits of this State, and hence the &C.
ton of the city council In granting
licence was ultra vires and absolutely
void, and therefore the Injunction is
granted.
The Court holds that parties selling
spirituous liquors without license may
be prosecuted upder State or municipal
laws, aud that Brunson be remanded
for trial.
The Court is unanimous.
GOV. TILLMAN SAYS IT Is STRICT PRO-
HIBITIoN.
COLUMBIA, May S-3.s5 p. m.-Gov-
ernor Tillman and others all hold that
the decision means strict prohibition
with ample provision for penalty. Gov
ernor Tillman says he sees no way in
which he can cooperate in enforcing
prohibition aud expects town authori-
ties to DO so, and be will not now con-
slider the future emergencies.
News AND COURIER BUREAU.
THE CASES UPON WHICH THE DECISION
WAS MADE.
The first proceeding was writ of ha-
beas corpus. The court passed the fol-
lowing order in regard to it.
County Of Florence, Third judicial Cir
cult. Elk parte J. Ellis Brunson.-
Petition of writ of habeas corpus.
To &. S. Turbevile, Chief Of Police of
the City of Florence, S. c.:
It having been brought before me by
the petition of J. Ellis Brunson that SO
chief of police OF the city of Florence,
S. c., you unlawfully have his person
in custody aud the said J. Ellis Brun-
son having petitioned for writ Of ha-
beas corpus to bring said petitioner be-
fore the Supreme Court to inquire into
the cause OF his detention by you as
as aforesaid:
You are hereby ordered and required
to bring the body of the prisoner be-
fore the Supreme Court at Columbia,
S. G., at II o'clock q. m, OBJ Monday,
the Sth day of May, A. D. 1894, that
the cause of his commitment being
known and seen such further proceed
ings may be had thereon as are agree
able to law and justice.
Henry MCIvER, Chief Justice.
The next proceeding WAS HI applica-
ton for an injunction to restrain the
city council of Florence from issuing
licenses to saloon men. The court
signed the following order in that case:
J. L. Barrirger and Theodore Kuker
Petitioners, vs.. City Council OF Flor
ence Respondents.
Upon reading the petitioa Of J. L.
Barripgar and Theodore Kuker, here
in, it is ordered that the respond
ents herein do show cause before
the Supreme Court Of South Carolina
at Columbis at II o'clock a. NJ, on
Monday, the 7th day Of May, A. D.,
1894, why an Injunction should not be
issued by said court restraining respon-
dents as said city council of Florence
from issuing license to sell intoxicating
liquors in the said city of Florence as
prayed for in petition and Cor such
other and further relief as the said
court may seem just; it is further or
dered that copy ofthe within order be
served on the respondent herein.
HENRY MGIvER, Chief Justice.
AS will be seen, the papers in both
cases were made returnaoie last Mon
day. It could not 5e learned whether
the petitioners for an injunction are
prohibitionists and sincerely desired to
prevent the issuing oflicenses, or wheth-
er their names were used to get the
question before the Supreme Court.