The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10
RBRlTlsHER ON the I:NcR
JUDGE BENET's QUEER IDEA OF con-
STITUTIONlL LAW,
He Does not Realize the Difference Between
his Native Country, where there Is no
Written Constit otion, and bis Adopt
ed Country, where Written Coz
stiturIons are the Source and
Limit OF all Authority.


ed Country, where Written Coz
a situations are the Source and
Limit OF all Authority:
iSpecial to News and Courier.
COLUMBIA, October Judge w. &.
Benet delivered from the Bench IN the
Richland County Court House this
morning remarkable charge to the
grand Jury, which has created some
what of a sensation. He took up the
dispensary law and delivered quite an
argument upon it.
MIR. Foreman and gentlemen, there
is another matter which behooves you
and me to take into consideration, and
which it Is my duty to charge you: l
refer to the diSpensary law. Since last
We sat here, at the June term, Cover
nor Tiliman has issued a proclamation
informing the people of the State that
the dispensary Act of 1898 is of force
and to be enforced as the law OF the
land. No doubt you are aware that
the dispensary act Of 1892 was decided
10 be Unconstitutional by majority of
the Supreme Court, one Associate Ju--
tlce dissenting. That adverse decision
was made after the act Of 1892 had been
in effect repealed and superseded by
the act of 1898, but the court did not
consider nor pass upon the act of 1893.
That act stands upon the statute
book to-day unrepealed and unaffected
by the decision of the Supreme Court.
IL is the law of the land. You as grand
Jurors and as circuit judge are equally
bound as officers of the law to do all in
our power 10 enforce it, and ] charge
you that it is your sworn duty to pre-
sent any violations of that law which
may come under your notice or which
may be reported TO you or submitted to
YOU. It is just as much your duty as
il is for good cause shown 10 present
! O uic;des, burglac:es, larcenies or other
violations of law.
Unfortunately much opposition has
been industriously stirred up and kept
alive in some parts of the State against
the the dispensary law and violations
of it have been openly counselled and
commended as patriotic duty. This
opposition has been directed chiefly to
that provision of the law which author
zes coustables to make scare and seiz-
ures. To encourage and Intensity this
opposition the cry has been raised that
the liberty Of the citizen is in danger.
and that the sanctity Of the home is
being oesecrated. 1t is well to be on
our guard against any measure that
threatens our individual rights as citi-
Zens or unlawful invasion Of the pri-
vacy and sanctity of our homes. 1t is
we'll to he on our guard also against the
specious cry of liberty and home when
raised, as in this case, without just
cause. Nothing is more potent and
benefcent IN rig ghteous cause, nothing
is more nlischievous and misleading in
an unrighteous cause, than such a
popular cry. If it be the cry Of the pa
triot, jealous of our rights, we should
give it good heed. If it come from the
liquor dealer, the liquor drirker or the
disappointed politician, or even from
the misguided patriot, we must disre-
gard it. AS understand the dispen-
sary act can assure you, gentlemen,
that the liberty OF the citizen is not in
peril, nor is the sanctity of the home IN
danger of desecration.
The provisions relating to search and
seizure authorize nothing new. Slml-
lar powers have always been exercised
by the revenue officers aud other OIL
GERS of the law. It is true that man's
house is his castle, across the threshold
of which, be it ever SO lowly, reither
king, nor president, nor'govel nor dare
90 without his permission. Such is
the law of South Carolina, and such
may it ever be. But when man
makes use of bis house to harbor q
criminal, or as depository for stolen
or smuggled goods, then be that home
high or humble the officer OF the law,
armed with the warrant of the law,
has the right to enter it in the
name Of the law and make search and
seizure.
Such is the law in every civilized
country. Similarly, under the dlspen-
sary law, if a man uses his house for
bar room for the sale of liquor, or as q
clue room for the dispensing of liquor
io- price, or as storehouse for con-
traband liquors, the dispensary consta-
BILE, armed with warrant, may law
fully enter that house and make search
and seizure. The householder cannot
invoke the laws protection Of his home
while be makes use of it as means of
concealing his violation of law, or of
pursuing an unlawful business. It is
not the purpose Of the law, nor the in
tention OF its trainers, that a house
should be searched becaCse there may
be LIQUOR in it. Liquor lawfully there
is safe, and the law will protect it's
owner in the lawful use of it. But
liquor unlawfully there is not safe, and
should not be safe there or anywhere
else, and search for and seizure of such
is not the unreasonable search and
seizure which the Constitution forbids.
That is pernicious doctrine which
has sometimes been taught, that the
citizen does not owe obedience to the
dispensary law until the Supreme
Court shall have passed upon it and
decided its constitutionality or uncon-
stitutionality. charge you that it is
the duty of every citizen to obey the
law as long as it stands upon the stat
ute books unrepeaied or unannulled by
decision of that court Of last resort.
1t is a matter of common knowledge
that the Suprene Court is now consid-
ering the dispensary act Of 1893 in the
light Of the Constitution. The decision
Il2S uOL SeI USSu AleS.. IL is CUTS W
act in compliance with the law as it
now stands.
Before leaving this subject I shall
briefly advert to this power which is
exercised by our courts, circuit and
superior, in common with the United
States Courts-the power, l mean, Of
rendering laws null and void by declar-
ing them to be unco sstitutional. This
power has been exercised since the rev.
o!ution, and strange to say, it is
neither inherent in the courts them