The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1894-04-26
THE DISPENSARY LAW
DECLARED UNCONSTITUTIONAL
BY THE SUPREME COURT.
The Opinion Declares That State Car
Not Engage In Mercantile Enter
Prise For Proht-Peace Will
Reign In South Carolina,
supporters

WASHINGTON, April 10.-The South
Carolina delegation in congress was
thrown into CONSERVATION on the re-
csipt of kilograms stating that the su'
preme court of the state had declared
the dispensary liquor law unconstitu-
tional. The dispensary law has been
such a supreme issue in South Caro-
lima, accenuating the party lines, that
the congress zen from that state re,
gard the decision as profoundly i'm,
portant
Mr.. McLaurin, who is Il former at
torney, is familiar with the case and
has all the briefs on whicA the decis~
ion was based. He said:
THE essential point in this case was
whether the state had the right to en-
gage in the whisky business as a
means OF profit and TO raise state rev.
enue. No one doubted the power to
regulate the business for police pur.
poses, but the legal point was made
that the state could DO more go into
the whisky business for profit than it
could go into the shoe or any other
business enterprise. 1t is probable the
decision hinged on this main point.
The decision is not a personal reverse
for Governor Tiilman. He has simply
been executing the law as he found it
He did not make the law, but the leg
islature enacted it, and it was his duty
to execute it,"
Representative Isler, one of the Con-
sentative or anti Tillman party OF the
state, said that the decision would I'M
doubtedly bring peace to a much dis
turbed state. The law had been a
source OF political division and midi
vidual contention. This had brought
cut disorder and riot within the state
and much criticism OF South Carolina
rom the country at large.
Representative Talbert of the Re
form or anti -Tillman party said: Il
think the decision will have the effect
of strengthening the Reform party.
On its face it appears to be reverse
and it will undoubtedly appear that
the decision is biased and it will ex-
cite such feeling in the state that the
Reform element will eventually be ben
Gifted
COLUMBIA, s. c., April 1.-the
state dispensary liquor law has been
declared unconstitutional by the SUI
preme court, two justices concurrlng
and one Tillmanite member OF the
bench dissenting FROM the opinion:
The decision was rendered by Chief
Justice McIver, Justice McGowan as
sentiug, Justice Pope dissenting Inc
decision was rendered III composite
case composed of a case originating IN
Darlington and appealed to the SUI
preme court by the state au-
! tbOrities. and of several MI
nor cases likewise appealed
by the state The ground on which
the law is declared unconstitutional IS
that il creates monopoly for the
s+ate Justice McIvers' decision de-
cIares the law unconstitutional IN
nearly every respect and especially
holds that it cannot be upheld upon
anv vital point. Governor Tillman
saws he is not talking; it is time only
for action,
TILLMAN NOT SATISFIED.
Cor1vRrA, S. 9, April 19.-Iu an
swer 10 a rather pressing request Tor q
starrmeut. Governor Tillman sad TO
dav. Il have not read the decision
have tried to enforce it because
In was the law. The action
Of the court makes il incumbent upon
me TO take such steps as may, IN my
Judgment. fully protect the state The
matter is not finished. will obey the
r .-.rr for the present aud appeal tc
the supreme court and the people.
John Garry Evans, a candidate iCl
Governor and Governor Tulman
right hand man, declared today tina,
The decision was a political one and II