The evening world. [volume] (New York, N.Y.) 1887-1931, 1894-04-19
.T|LLMAN IS BEATEN.
South Carolina Dispensary Law
Declared Unconstitutional
Supreme Court Stands Two to One
Against the Measure. ~
Governor Says 1t Is Not Time for
Talk, but for Action. g.
(By Associated Presa)


COLUMBIA. S. c., April 19.-The TILL
man State Dispensary Liquor Law has
been declared unconstitutional by tho
Supreme Court of South Carolina. two
Justices concurring in and one, the Till
mantle member OF the Supreme Bench,
dissenting from the opinion.
The Court decides. after reviewing the
case. that in no view of the suit can the
D!spensary act be regarded as a police
regulation of the business Of selling in
toxicating liquors, and that. II 1t could
be SO regarded. such police power does
not include the power on the part of the
State to engage in carrying on such
business.
AS to the revenue feature, 1t Is held
that the Legislative Department, under
the general power OF taxation conferred
upon 1t. cannot impose any tax except
FOR some public purpose. and upon the
same principle 1t seems clear to the ma
1ority of the court that any act of the
Legislature which is designed to embark
the State in any trade which involves
the purchase and sale OF any article Of
commerce for profit is outside of and
altogether beyond the legislative power
conferred upon the General Assembly
by the Constitution. Trade. the Court
says. Is not and cannot properly be re-
garded as one Of the functions of gov
eminent.
1t seems to the Court that the uues-
ton as to the right of the State to en-
gage In any trade or business for the pur-
pose OF gain has been practically deter
mined adversely to such right, in the
recent case of Mauiden against Green
VIE, local case. which the Court cited
as authority for to-day's decision.
The Tillrsn law abolished barrooms
ard gave the control of the liquor busa-
rress to the State. 1t was conducted In
pispensaries located at various points
and controlled by appointed officers who
we're put under bonds. i'"t7
Liquor was sold in sealed packages,
No p. ckage could be opened on the prem
ises whore 1t was sold. Citizens wishing
to purchase ,whiskey were required to
sign a formal order stating the amount
and kind OF liquor wanted.
Liquor could not he sold to minors or
hahtual drunkards. Beer and wine were
Included under the provisions of the law.
state dspensaries obtained their stock
rom state Commissioner.
All the liquors purchased were an
alyzed by the State chemist, and their
purity was guaranteed to the customer.
The maximum profit allowed under
the law was so per cent. to the State
and 50 per cent. to the local dispensaries.
county treasury and the other half into
| the treasury of the town In which the
| dispensary was located. FNt
The law went into force last July,
| and was "A cause OF constant fighting all
| over the State between Tillman's dis
pensary, officers and persons who tried
The strife occasoned by the Liquor
law eliminated in the last week In
March In an uprising of the people
against Gov. Tillmans spies. His con.
stables were driven into the swamps,
and Mt Darlington were fired upon by
| Infatuated citizens.
| Gov. Tillman declared martial law and
| attempted to carry things with a high
| hand. but overreached himself. Most
OF the militia of the State refused 10
obey his orders, and he was finally COM
| PEELED to back down.