The Durham daily globe. (Durham, N.C.) 1889-1894, 1894-04-20

man Does Not Want to Say Anything
/ About 1t.
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 constitutionality 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
declared unconstitutional is that it
creates monopoly for the state.
Justice Pope filed dissenting opinion
affirming the constitutionality of the law.
The decision was rendered by Chief
Justice McIvers, Justice MCGOWAN as
senting.
Justice McIvers declares the law un-
constitutional in nearly every respect,
and practically holds that it 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 like wildfre.
Governor Tillman says he is not talk
ing that it is time only for action.
The court decides, after reviewing the
case, that in no view of the suit can the
dispensary act be regarded as police
regulation of the business of selling in
toxicating liquors, and that if it could be
50 regarded such police powers do not
include the power on part of the state
to engage in carrying on such business
AS to the revenue feature, it is held
that the legislative department, under
the general power Of taxation conferred
upon it, cannot impose any tax except
for some public purpose, and, upon the
same principle, it seams clear to the ma
jority of the court that any act of the
legislature which is designed to or has
the effect of rmbarking 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 assembly by the constitution.
Trade, the court says, is not and can
not properly be regarded as one of the
functions of the government. 1t seems
right of the state to engage in any trade
or business for the purpose of gain has
been practically determined adversely to
such right in the recent case of Maudlin
against Greenville, local case, which
the court cited as authority for to-day's
decision.
The court is careful to say that in the
Chester case, one of those decided to day
it carefully avoided the consideration OF
any constitutional question. Holding the
act unconstitutional, the court decides
that it is unnecessary to consider the
minor details of the law, and reaffirmed
the opinion of Judge Hudson in that case
Governor Tillman would only say this
much about the decision:
Il haven't read it, and don't know its
contents yet. | have tried to enforce i,
because it was law. The action of the
supreme court makes it incumbent on me
, to take such steps as my judgment will
; dictate to protect the interests of the
J state and of the people, The matter is
not finished. I will obey the court for
the present and appeal to higher court
, the people"
The Evolution
OF medicinal agents is gradually reiega-
ting the old-time herbs, pills draughts
and vegetable extracts to the rear and
bringing into general use the pleasant
and effective liquid laxative, Syrup OF
Figs. To get the true remedy see that il
is manufactured by the California Fig
Syrup Co. only. For sale by all leading
druggist.