The Lexington dispatch. [volume] (Lexington, South Carolina) 1870-1917, 1894-05-09
TO BE FULLY SETTLED.
The Dispenssry Law Agsio Before the
Supreme Court.

The Dispenssry Law Agsio Before the
Supreme Court.
COLUMBIA, S. c., May 3.--The mos!
important development in the liquor
situation since the fling Of the decision OF
the State Supreme Court, occurred
Yesterday, and by Monday evening it is
likely that the uncertainty as 70 what the
Supreme Court meaut by ite decision
whether it is free liquor or Prohibition
will be removed, and everybody will, till
Justice Gary goes on the Supreme bench
know exact.7 where they are al. There
is no case which has been brought before
the court recently in which all take SO
deep an interest as that which started
on its career yesterday. Many seem
morally certain that 1t will result in the
court declaring that its recent decision
meant absolute prohibition. Equally
as many are Just as certain that the
court will decide that it meant absolute
~ free liquor, and then there are others
Wno consider that the court will say that
it meant the old license laws would
govern the situation. This latter class
does not consist Of many, however.
Like the original cases, which result
ed in the knocking out of the dispen-
sarY law, the case referred to above
came up from the Pee Dee section.
Yesterday morning Mr.. p. A. Wilcox
arrived in the city from Florence. He
had nothing to say to anybody, and did
what be had to do so quietly that it
was 2:30 o'clock-Whe1 he had COM
pleted bis important work-before any
one knew what he had come here for.
He was armed with papers which meant
business. There was no session of the
Supreme Court Yesterday, and he went
before the Chief Justice at chambers.
Mr.. Wilcox first made application for
a writ of habeas corpus in the case Of J.
Ellis Brupson. The fact was set forth
that Brunsor was arrested by the Chief
OF police of Florence subsequent to the
passage by the city council OF its liquor
license ordinance, for the violation ofthat
ordinance. Brunson, it seems, was fined.
and is still IN the custody Of the chief,
and Governor Tillman cannot orde.: that
officer to discharge him. The hief Jus
tice. without hesitatian, granted the iol
lowing order in this case:
COUNTY OF FLORENCE, Third Ju-
eicial District, Ex parte j. Ellis
Brunson.-Petitlon for Writ of Ha-
beas Corpus.
To. G.. :. Turbeville, Chiet ofthe Police
of Florence, S. c.:
It having been brought before me by
the petition OF J. Ellis BurDson that as
chief Of police of the city Of Florence,
S. c., you unlawfully declare hia per
son in custody, and the said J. Ellis
Bruuson having peti:loned for a writ Of
haoeas corpus to b. ing said petitioner
before the Supreme Court to unqu;rs into
the cause of his detention by you as
aforesaid.
You are hereby ordered and required
to bring the body OF the prisoner before
the Supreme Court, at Columbia, S. c.,
at II O'Clock on Monday, the 7th day OF
May A. D., 1894, that the cause OF bis
commitment being known and seen such
further proceedings may be had thereon
IS are agreeable to Law and justice.
HENRY MClvER,
Chief Justice.
Then Mr.. Wilcox, to be doubly sure.
came up with aspetition for an Injunction
against the town council OF Florence
asking that this body show capse why
they are charging and collecting liquor
license, and asking that they be re-
strained from doing so henceforth. This
petition was presented on behalfof two
citizens of Florence. The rule to show
cause was issued by the Chief Justice as
follows, and thus the whole thing is
brought squarely before the court:
J. L. Barrlnger and The eodore Kuker,
Petitioners, vs.. The City Council OF
Flornce, Respondents.
Upon the reading the petition of J. L.
Barringer and Theodore Kuker herein. it
Is.
Ordered that the respondents herein
DO show cause before the Suprems Court
of South Carolina, at Columbia, a. l
O'Clock a. M, on Monday, the 9TH day
Of May A. D., 1894, why an injunction
should not be issued by said court. re.
straining respondents, said city council
of Florence, tron issuing licenses 10 sell
liquors in the said city OF
Florence, prayed for IN petition, and for
such other and further relief as the said
court may deem Just. It is further
Ordered that copy Of the within Or
der be served on the respondent herein.
HENRY MCIvER.
Chief Justice.
These two cases will permit OF all
doubtful points being brought squsrely
before the court, and admit Of the Sc
couring of square. cut defnltion Of the
meaning of the recent decision. It is da'
dertood that the arguments will consist
in great measure Of quotations from the
recent decision. 1t is also understood
that Mr.. G.. S. Nettles, who made the
winning fight against the dispensary law
will appear on behalf of the town coun-
Gil of Flosence. Il was further ascer-
tanned that the constltutionallty OF the