The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1894-08-22
coequal part of the government, is
bound only BY the supreme Law, the
nonet;trt;oy, .aYd 20 .,roonned to oo.ot

coequal part Of the government, il
bound only BY the supreme law, the
Constitutions. and is presumed to enact
statutes in conformity to this supreme
law l confess. AID very frankly, thai
I have never formed opinion. much
less reached a mature conviction, upon
the question of the constitutionality o
the &C. of 1892. called the dispenssry
act, resting upon my own research OF
individual research or individual judg-
meut Except upon motion. heard
at Chambers in case heard at Walter
boro, S. c.. which did not question or
purport to question. the constitutiouali-
ty Of the act of 1892, I have never had
occasion to consider said act. Nor has
the act of 1893 been before me until
these proceedings. The Judgment Of
the Supreme Court in Mccullough VS..
Brown ct al 10 s. c.. rep, 45S, re-
cognized and followed in Darlington VS..
city council of Florence, and ex parse
Bruusou, 10 S. E. rep. 745, and State
vs.. O'Donnell, 10 s. E. rep. 746, was
recognized as the law of the State bind
ing upon me. 1t is my duty to follow
the law as declared by the Supreme
Court. Il was stated in argument that
the decision Of the Supreme Court was
upon the act Of 1892, and that the act
of 1893 has never been couc:dered by
that court. This is true But l am
called upon BY all the parties to these
proceedings to consider the act Of 1898,
so far as it is involved in this action,
and it is my duty to do so.,s The opin-
ions and judgments of the Supreme
Court in certain cause. while adjudi-
eating the rights Of the parties thereto,
announces and declares broad prioci-
pies Of law. These principles are most
valuable, preserved at great expense
By the State in book form for the bene-
fit of the people and the guidance of
all persons charged with the admins
tratioo of law These decisions consti-
tute 10 psrttheslaa of sbe5land, which
enters into the daily life Of the oisi-
zens and enters into every act aad
contract of every person dwelling with
in the limits of this State. If, then, the
Supreme Court Of this State has in due
and legal form determined and al
nouuced the principles OF law by
the constitutionality Of the act Of 1893
must be adjudicated insofar as it is In
volved here, t must determine the is
sue Of those principles think that
the Supreme Court has declared in Nc
Cullough VS.. Brown the principles By
which. this case is controlled. The
principles declared in that case have
been recognized and followed by the
same court in three other cases above
cited, so that I must accept and follow
these principles of Law as settled in this
State
In Mccullough VS. Brown, supra,
the Supreme Court in discussing the
act Of 1892. page 467, says: Without
going into detailed consideration of the
numerous sections of the act, We think
it safe to say that it is an act forbid
dug the manufacture or sale of intox-
ica,ing liquors as beverage within
the limits Of this State by any private
individual. investing the right to manu-
facture aud sell such liquors IN the
State. exclusively, through certain de-
signated officers and agents. So far
as the selling of liquors by State officers
or agents was involved the Supreme
Court says the said act is unconstitu-
tional The act Of 1893 insofar as it
provides for the sale of liquors by
State officers or agents, is practically the
same. In this respect and upon these
subjects much of the act of 1893 is a
copy of the act of 1892. The additions,
changes and notifications contained in
the act Of 1898 as TO the appointment
Of dispensers and their clerks. and the
sale of liquors by them, are matters Of
detail. incidents merely. and intended to
carry out the design Of the act Of 1892.
The decision in Mccullough vs.. Brown
had not been rendered when the act Of
1893 was passed, hence the General
Assembly could have no aid therefrom.
The title Of the act Of 1898: To declare
the law in reference to liuuor.' indi.
Gates that there was a prior Law or
laws in existence and to Further regu-
late the use Of liquor is equivalent to
saying that there were existing regula-
tions upon the subject, and that the
General Assembly desired to further
regulate the use, etc.. Of liquor. This
is also shown by Section A of the act
of 1898. viz: All acts or parts OF acts
inconsistent with this act are hereby
repealed II the act of 1893 was the
FIRST upon the subject or intended to
constitute the only Law upon the sub.
ject why should acts not inconsistent
Herewith be mentioned or repealed.
must and do, hold. that the provis-
1000 -k;ob