The times. [volume] (Richmond, Va.) 1890-1903, 1894-05-09
PROHIBITION In FORCE.
THIS THE DECISION OF THE soUTH
cAROLINA SUPREME COURT.
No Authority In the State Is Vested with
the Power to Grant LicsDses-what
TiJiman will DIV.

| COLUMBIA, 8. c., May S.-South Caro-
lima jumped from the dispensary sys-
tenn to absolute free whisky. Now af-
ter a reign OF whisky for a few weeks,
the Supreme Court has decided that alb
soute prohibition is In force. The Su-
preme Court unanimously decided on this
this morning. The following is the de-
cision Of the court. and 1t explains how
the matter got before the court and the
whole question:
THE DECISION.
"The State Of South Carolina: In the
Supreme Court April term. 1894. J. l..
Barrnger ct. al. VS.. The City Council
OF Florence, ex-parte J. Ellis Brunson.
These two cases, instituted in the origi-
natl jurisdiction of this court, being Of a
, kindred nature, though not involving the
| same questions. were heard and will be
considered together. The first is a case
asking for an injunction to restrain the
| City Council of Florence from granting
| licenses for the sale of spirtuOus liquors,
| upon the ground that there Is no law
AUTHORIZING the granting OF such licenses,
and, therefore, that threatened action Of
said City Council in this respect is ultra
| wires.
THE second is a case in which the pc
| titioner applies. under a writ of habeas
corpus heretofore issued for his discharge
| from custody, in which ne is held under
warrant issued by the Mayor Of the
city of Florence. who Is invested by the
charter of said city with all the powers
OF trial justice. charging the petitioner
with selling spirituous liquors without
license, in violation of an ordinance Of the
city and the State Inasmuch as one Of
these cases involves the liberty OF the
citizen this court deems II to be its
duty 10 render as prompt a decision as
possible. The court will. therefore pro-
ceed simply 10 decide the questions pre-
sented In these cases without undertaking
now to give the reasons for the conclu-
sion. which will. however. be hereafter
done in an opinion which will be prepared
and filed as soon as practicable. The
court decides 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 action Of
the City Council Of Florence in granting
such licenses would be ultra wires and
absolutely void and therefore, the in
Junction as asked for by the petitioners
in the case first named must be granted.
In the second case the petitioner
moves for his discharge from custody !
upon the greOund that there is now no !
law forbidding the sale Of splrituous |
liquors within the limits Of this State /
This court decides that this is mistaken /
view Of the law. on the contrary. we hold |
that the act Of 1892. commonly called the |
dispensary act, having been declared un- |
constitutional in all It's provisions except |
that forbidding the granting Of licenses /
to sell sprituous liquors, after the day |
therein named, the repeating clauses Of /
that act fall and must be regarded as |
if never enacted. and hence the previous
law forhidding the sale OF spirituous
liquors without a license remains in force
under which the petitioner may lawfully ]
be indicted. In addition 10 this he may
also be proceeded against for a viola
tion of the ordinance Of the city Of
Florence mentioned I'm the warrant under
which he mas been arrested and is now
held in custody II #. therefore. order
ed that in the case first named in the
title Of this order an injunction do issue
as prayed for in this petition.
1T Is further ordered that I'm the sec
ond case named in the title hereof the
motion Of the petitioner for a discharge
be refused; and that said j. Ellis Brun-
son he remanded to the custody Of the
police Of Florence to be by him safely
kept until he Is thence delivered by due
course Of law.
This, the Sth of May 1894.
HENRY McIVER.
Chief Justice
We concur, w. S. MCGOWAN, A. j..
y. ]. Pope. a. j."
WILL ABIDE BY THE DECISION.
Most of the saloon men here say that
they will abide by the decision and close
their places Of business so soon as they
the situation fully. There
is little doubt that the decision means
Just what it says As will be seen. the
court goes so far as TO order the prosecu-
ton Of the men who instituted the habeas
corpus proceedings before It.
The question is asked If there is any
aw for the punishment Of violation Sec
ton 1884 Of General Statutes imposes a
fne of not less than 800 or sentence Of
lot less than six months in the peniten-
larry on all persons who sell whisky with
)ut a license. As the Court decided that
here is no power In the State authorizing
he issuing Of licenses, any person selling
Without license will be subject 10 the
sentence given So far as known. how
ver. there is no punishment for the
hipment of the whisky into the State.
TrLLMAN SAYS He WILL ENFORCE. q
Governor Tillman was asked to-day
What he intended to do about trying to
,nforce SGe prohibition law. He said \
e would lend his moral support TO II. ! :
nd do all he could to enforce. but he /,
i'd not have any machinery to enforce IT, :
lie also said that he was glad that the y
of affairs had been settled ,
he Prohibitionists say they will prose :,
ute violations OF the law. and it is sup >,
osed that the city and county will do