The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-12-05

tionality Of the law, and the Supreme
Court itself in the Chester case had de-
clared it was police regulation anC
not.a revenue measure.
But while obeyed what thought
was the law under the decision Of the
Court, resolved to thwart the Court
if could, and every effort was put
forth TO prevent the Act of 1893 from
coming before the Court as it was then
constituted. In the meantime we had
whskey deluge. During the period
from July 1st, 1898, when the dispen.
sary law went into effect, to April 21st
1894, when it was suspended, two Run.
| dred and seventy-seven United States
retail licens were issued. In the Tins
the dispensaries were closed, ApriIl2Ist
| to August lst, LIZA were issued. All
the old dealers-those who had left the
State and those who remained-laid in
stocks. Men who had never sold liquor
went into the business, and at every
town, hamlet and cross roads almost,
whiskey could be bought, with no effort
at concealment.
Prohibition had come. By judicial
enactment, it is true, but nevertheless
prohibition. But the prohibitionist
who had fought the dispensary aud re-
fused to "touch the unclean thing"
looked on in silent amazement and dis.
gust. He had worked for prohibition,
had prayed for prohibition, and now
that the dream had come to a realiza-
ton, not an angel of light met his gaze,
but an abortion, a jubiIant demon, who
jeered and laughed as he polished his
bar glasses and cried "What are you
going to do about it?" Like Fear, in
Collins Ode.
"He back recoiled, be knew not why,
Even at the sound himself had made y
and felt that the
"Reign of chaos and Old Night"
had come. 1t is safe to say that of the
men who voted for prohibition IN 1892
not one thousand remain who believe
that prohibition is practicable.
COST OF THE IDLE DIsPENsARIEs.
The stock of liquors on hand at the
State dispensary, with other necessary
supplies, was valued at S99, '0l.26. and
the amount held at the several dispen.
saries was S96, 1922, while the debts
due by the State Commissioner
amounted to $S4, 4,52S.93. These liquors
were being held at a heavy expense for
rents, insurance, etc., while the State
was flooded with liquor sold contrary
to law. The act of 1893 mad been ig-
nored by the court in two cases, and a
change in the court made me feel it to
be my duty to revive the act of 1893
and test the question of its constitu-
tionality once for all. So July 22nd
issued proclamation ordering the dis.
pensaries to be reopened August lst,
AID warning all public carriers and
illicit dealers to obey the law. The
constabulary had been dismissed April
2lst. The force was reorganized about
the middle of August and put to work,
being gradually increased and instruct
ed to close down on the liquor sellers
by degrees. Every facility was offered
those so desiring to get rid of their Ii.
quors and ship them out of the State.
At this time have sixty-five men
employed as constables and detectives,
and the expense has been very heavy.
But it was to be expected that both
time and work would be required to
regain the lost ground, and reach even
the position. occupied 2lst April, when
the Illicit traffic had almost ceased in
three:5ourths of the counties. That the
constables. have been active, and that
most of them have been well chosen, is
shown by she results of their work.
The eontraoand liquors seized and con
fscated:: ere valued by the Commis-
sicner at 81, ,451, and a good deal OF
other property is in the hands of the
courts awaiting the results of the trials
under Section 22, for maintaining nui-
sances. .-.
The act of 1888 has been declared
constitutional by the Supreme Court,
and it is lot likely that any further
trouble of serious nature will arise.
If the Legislature will amend it in q
few particulars, and provide for metro
politan police in towns and cities where
it becomes necessary, it. can be en-.
forced without friction and at greatly
reduced expense. I think the metro
politan police is absolutely necessary
in Charleston, and in. many other
places it is desirable. But Charleston,
by reason Of its water front, has Sc
many avenues Of smuggling liquors
that it is impossible to prevent it with
out a very heavy force of constables.
Then the temper of the people is such
that it is idle to expect juries there to
punish law-hreakers in whiskey cases;
and the sameis true of Beaufort and
some other places. Last year I ad'
vised reduction of fines and penalties
and placing the administration Of the
law in the hands of trial justices. II
was mistake. Most of the illicit sell.
ing is by townspeople, and the juries
in the towns will not conviet, no mat
ter how clear the evidence. Then the
expense of trial in the circuit court il
much greater, and the juries can be
better relied on to do their duty.
The provisions of the law in regard
to change of venue should be altered sc
as to allow the cases to be carried tc
other counties as soon as docketed
Otherwise it will be waste Of time tt
prosecute liquor cases in Charleston
Beaufort, Richland and possibly Other
counties. Grand juries have refused tc
find true bills on most positive testi.
mony, and under the law as it stands
there can be no change of venue till
this be done.
Another ching: the Governor should
have power to suspend sherifs and 60
licitors who fail promptly and Jealous
ly to cooperate in enforcing the law.
| will illustrate some instances Of will.
full and outrageous behavior by these
officers.
Constable Workman arrested a ne
gro in the streets Of Greenville, haul.
ing a trunk which he found contained
lager beer. It came from the private
residence ct Sol Edel. A search war.
rant was sworn out, but the sheriff
P. D. Gilreath, refused to serve it,
even on peremptory orders from me-
and quietly allowed a mob to gather
and prevent the search. He. could
have dispersed the mob in five min
utes if he had wished. If he bad
been liable to lose bis Office for indI.
rectly aiding and abetting the illici,
sale Of liquor, be would have done So
In Barnwell Constable Templetor
seized five barrels Of whisksy in TASKS
and by mistake-being a neSq$nan. :
lodged it in the hands of the sheriff,
J. w. Lancaster. It was locked up in