The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1894-10-10
1T Is LAW.

c00SEleGEOoal, Is 10 surprise " Suc
Watchn,an and Southron. Had the
decision been otherwise the surprise
would, indeed, have been great.
Justices Pope aud Gary declare the
dispensary law police measure aud not
violation of the State and Federal
Consultation.
Chief Justice McIver dissents and
re-iuforoes .his former able opinion
decalring the Law unconstitutional.
The opinions are much too lengthy to
permit publication in this issue. aud We
will therefore give q brief summary Of
tbie opinion written BY jjustice Gary and
concusred in by Justice Pope. The dis
seotiog opinion of theehief Justice is
snilsr ii il, a. bat rider id scope than abiis
ffrnsr oPiia.oa. which vas conculaed
= s. j asiaoe MeGow.n. therefore ae
shall not give 1t.
Justice Gary reviews at length the
power a the poar.:so set :aside.s pre-
vioas opinion, aud the preoedeas' and
eirounstsooes 1asns i bps 6sep doDe.
He then proceeds to discuss the power
of the Legislative branch of government
to eoac. laws. the rights aud powers Of
the Supreme Gonr. in passing on these
laws, and what may be considered q
police measure. The dispensary act is
then considered under the following
heads:
First. That liquor in its nature is
dangerous to the morals, good order.
health and safety Of tbespeople, and ls:
not to be Placed on the same footing
With the ordinary commodities of life,
such as corn, wheat, cotton, tobacco,
potatoes, etc.
Second That the State under its peo-
lice power can itself assume entire con-
troll aud management of those spbjeots,
such as liquor, that are dangerous to
the peace; good order, heslsh, morals
and welfare Of the people, even when
trade is one of the instruments of such
entire Gontrol aud management on the
part of the State.
Third.-ghas the act of 1898 is
police measure.
The remainder of the opinion is
devoted % proving these assumptions to-
be we'll taken and in accord with both
the constitution aud precedent.
The opinions were filled on Monday
evening, and while Justice Pope con-
Cured in the Gary opinion. be will
6le separate opinion.
The decision Of the majority Of the
court settles. for the time at least, that
the dispensary act Of 1893 is the Law Of
the State of South Carolina aud as such
must be obeyed, even thoug b ve may
believe it contrary to the constitutions
and a debauobery of the State. We
must either submit and obey it until the
the case can be taken to the United
States Supreme Court for final adjudica-
ton. or appeal to force of arms IN
uindieatiou of our opinion. Sensible
men have but one choice between the
alternatives-they will obey the law.
We all: vin know, however, that it is
not in the blood Of our people to submit
to the vielation of their personal rights,
to indigoity and to the invasion of their
homes by crowd Of thugs such as Gov.
filimsn succeeded in enrolling in bis
coastabulary in the spring of this year.
Ualess Gov. Tillmau wishes to turn
South Carolina into regular hell. be
will not choose his constab!es as hereto
fore on the strength of the single quail
6cation of having shooting prochvity.
We want peace in this State, and
believe all decent people should frown
down the blind tiger, aud refuse to
patronize either the tiger or the dispen-
sary. We should all so conduct our
selves as to be without reproach,
and then if Governor Tillman or his
successor attempts to violate our per-
sonal rights, invade our homes with
out warrant, or in anyway tyrannlse
over US then forbearance will not be
q virtue and we should give his will
ing and infamous tools no quarter
nao5.K;oo rs