The times. [volume] (Richmond, Va.) 1890-1903, 1894-04-20
IT Is NOT CONSTITUTIONAL.
Decision Of the South Carolina Supreme
Court In DiSpenSary Liquor Law.
STATE CANNOT MAINTAIN A MONOPOLY
Tillman Says the Matter is not Finished
That Ho will Appeal to n Higher
Court-Points in the Decision.

Court-POints in the Decision.
COLUMBIA. S. c., April 19.-The Till
man State dispensary liquor law has just
been declared unconstitutional by the Su-
preme Court of South Carolina. two JUS
tices concurring in and one (the Tillman
member Of the Supreme bench) dissenting
from the opinion.
The decision was rendered In a COM
posite case originating In Darlington test
ing the consttutionality Of the dispensary
law and appealed to the Supreme Court
by the State authorities and Of several
minor cases likewise appealed by the
state. The ground on which the law Is
uecIared unconstitutional is tlat II creates
monopoly for the Stats
THE TILLMAsIIE DIssENTs.
Justice Pope filed a dissenting opinion
aiilrming the constitutiOnality of the law
Ihe decision was rendered by Chief Jus
uce Mcivers, Justice MCGOWAN asserting.
Justice Mcivers declares the law uncon-
stitutional in nearly every respect, and
practically holds that ii cannot be upheld
on any vital point. The profit TO the State
feature Is declared vicious.
As the news is spreading over the city
interest Is growing Ike Wildfrc.
Governor Tillman says he is not talk
ing that it Is time only for action.
POINTS OF THE DECISION.
The court decides. after reviewing the
case, that in no view of the suit can the
dispensary act be regarded as a police
regulation Of the business Of selling in
toxicating liquors. and that if it could be
so regarded sucn police powers does not
include the power on the part Of the State
10 engage ia carrying on such business.
As 10 the revenue feature. Il is held that
the legislative department., under the gen
eral power Of taxation conferred upon II,
cannot impose any tax except for some
public purpose. and, upon the same prin-
clple IL seems clear TO the ma jOf1ty Of the
court that any act Of the Legislature
which Is designed 10 or has the effect Of
embarking 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 As
sembiy by the Constitution.
AUTHORITY FOR THE DECISION
Trade, the court says. IS not and can
not properly be regarded as one OF the
functions Of the Government. 1t seems
to the court that the question as To the
right of the State 10 engage IN any trade
or business for the purpose Of gain has
been practically determined adversely 10
such right in the recent case Of Nauldin
against Greenville, a local case which
the court cited as authority for to-days
decision.
The court is careful to say that I'm the
Chester case. one of those decided to-day.
ii carefully avoided the consideration Of
any constitutional question. Holding the
act unconstitutional, the court decides
that IL Is unnecessary to consider the
minor details Of the law. and rcanirmed
the opinion OF Judge Hudson in that case.
WHISKY BEING OPENLY SOLD.
The opponents Of the administration are
Jubilant over the decision Of the Supreme
Court declaring the dispensary law un-
constitutional The whisky men are nor-
than jubilant over the decision. and whis-
KY Is beng openly sold in many places
in South Carolina tonight.
The friends Of the dispensary law are
not disheartened; despite the decision OF
the court they believe the law cOnsti-
tutional, and believe that it will yet
triumph.
Governor Tillman is known to be a
man Of many resources. and his opDo-
nents do not believe he will yield ana
close the dispensares.
COMPLEXION OF THE COURT.
The supreme Court is composed Of |
ChleI justice Mclver and Associate jus |
uce McGoWn, who belong 10 the faction |
Of the Democratic party opposed to the |
Governor, ana Associate Justice POpe |
who filed the dissenting opinion. and |
who IS member Of the faction support |
ing the Governor. Justice McGown's |
term expires In July Of this year. when |
he VIII be succeeded by T.. b. Gary. who |
rs member Of the faction supporting |
the Governor. The first dispensary law |
was passed In December, 1892. went into |
erect on July J. 1888, and was repealed |
In December, 1893. by a new dispensarv |
act, which went into effect In January. |
1894.
HOW TT CAN BIZ AVOIDED.
The cases i'm which the decision Of the
supreme Court was rendered to-day were |
brought under the old law TiIman can /
the operation of the dispensarv |
that the new law has not been |
declared unconstitutional, though it's pru-
ciple is practically the same as that of |
the old law. This would necessitafe "a |
new suit. Before II could get up TO the
Supreme Court there would be a change |
in the personnel, and a different result
might be forthcoming. 4 motion for a re-
hearing would accomplish the same result
and there Is talk Of Supreme Court Of |
the United States. In this connection il |
might be mentioned that the Federal
Judge in this State held the dispensary |
law constitutional In case brought be-
fore him.
rILLMAN WILL APPEAL TO HIGHER COURT.
Governor Tillman would only say this
much about the decision:
Il haven't read it. and don't know It's
contents yet | have tried TO enforce
IL because il was law. The action Of the
supreme court makes IL incumbent on
me TO take such steps my Judgment
will dictate 10 protect the interests Of |
the State and Of the people. The mat
ter is not finished / viii obey the court
for the present and appeal to a higher
,ourt-The People"
CANNOT APPEAL, SAYS SENATOR HoAR.
WASHINGTON. April 19-The decision
If the Supreme Court Of South Carolina
n declaring the dispensary law uncOnsfj
ional created much comment al The
capito this morning. and was. as a rule.
endorsed Mr. Hoar. IN response TO an
inquiry whether or not the case would
)e carried to the Supreme Court of the
United States, replied that this could not
70 done. Had the decision been one up
lolding the consututonality of the law
hen, said Mr.. Hoar an appeal would lie
Senator lrby. Of South Carolina, is not
n the city, having taken his departure