The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1894-05-17
TIE LAW DEFINED.
THE SUPREME COURT SAYS PROHlBI-
' .TION Is IN FORCE.

from Issuing lLiCeHefb hbA 1sie hapPAd
Corpus Proceedings Dlsm,ssed--rhe sa-
Icon People In n Bad Fix.
COLUMBIA, S. c., May 9.-Almost in
the twinkling of an eye yesterday the
sliquor situation went from one extreme
to the other, from free liquor to abso-
history, perhaps, u State has been car
ried for the cause of prohibition in less
than three minutes, and by an unpre-
cedented accident the prohibitionsts
Of South Carolina have obtained their
hearts content. BY this accident of
tho law south Carolina Is found today
with a prohibition law forbidding the
sale Of liquor absolutely, and providing
penalties for the violation OF the law,
which, if properly applied, will pro-
duce prohibition.
men we're handling liquors in their sa.
looms without paying any license and
without any knowledge as to whether
there was in the distance any road to
the traffic or not. Eleven months ago
hey were selling liquor under license
law Of over ten years standing. Then
came along the dispensary system for
the control Of the liquor traffic, and
soon came with it the reign of the
blind tiger system. This kept up until
three weeks ago when another great
went a glimmerlng under the decision
of the Supreme Court. The blind tiger
died a natural death and departed from
the soil Of South Carolina and the
reign of the free liquor system began.
The life Of this latter system, as fan as
the law is concerned, has been but
fleeting. Now the final extreme has
been reached. The changes have been
numerous, sudden and unexpected.
The law of the land, as declared by
the highest tribunal, provides that
there shall be no sale of liquor, and
that If any man sells liquor contrary
to that provision he shall be punished
just the same AS If he had violated the
ltdRnse law Of 1880. AS to who is going
to enforce this new and accidental law
lemains to be seen. 1t appears to be
the duty of the sheriffs, trial justices
and their constables and the police OF
the municipalities to enforce the law,
and no doubt 1t will be done 1t is a
State law, too, AMI If Governor Till
man took as much interest in it as he
likely have hand in this. The indi-
cations are, however, that the real en-
forcement of the law will be left to the
prohibitionists, and the various city
and town governments In the State. 1t
Is certainly novel condition Of af-
fairs, and the people will not yet have
time to realiZe that they are under the
rule Of prohibition. The liquor men
all say that they cannot do anything
until they see what the decision is, but
they sluust obey the law and close up
their places.
All Of the saloons in Columbia re-
NAMED wide open up to the usual clos
ing hour last night. and there were no
elements Of the new system Of PROFIT
bition to be observed, but the change
will come later. A member of the
State prohibition executive committee
stated yesterday that II no one else at.
tempted to proceed against the saloon
keepers the prohibitionists would act
IN day or two.
The opinion OF all leading attorneys
is that the law, as 1t was declared by
the Supreme Court yesterday, means
State; that the clause Of the old license
law which gives the right to issue H.
censes has alone been knocked out,
and that all other clauses of this Ii
cense law stand. In consequence all
the penalties, ETC., provided for selling
liquor without a license apply now to
the.sale Of liquor in any manner.
This gives South Carolina the dis
tinction of having the only prohibition
law ever concocted, perhaps which has
no regulations about bringing liquor
into tile State. no provision for the sale
Of Whiskey as q medicine and all tho
other features usually embraced in q
prohibition law. 1t 'is noticeable
fact that Justice Pope concurred in tho
decision of the court. The court, when
it says what it docs in its decision, as
sumes that the dispensary law Of 1893
is as dead as q mackercl, and so con-
siders 1T.
Yesterday morning wheE the hour of
III chimed, tho people who were expect
ing the announcement of the courts
decision in the Florence cases began to
get into the court room as rapidly as
possible: The justices entered prompt.
ly, and the Chief Justice did not wait
for the spectators to get into the room
before he said: "The court will an
nounce its decision in tho two Florence
cases heard yesterday which decision
WIN apply to both cases, they being
heard together. The court thus
promptly announces it's decision be.
cause the liberty Of the citizen is in
VolVed: The Chief Justice then open
ed folded paper he had in his hand
and read the decision as follows:
LHo oCteIo VI pOllIl OdFOllna. In the
supreme Court. April term, 1894 -
}. l.. Barringer ct. al vs.. The City
Council or Florence, cx parte,. j. Ellis
Brunson.
These two cases Instituted In the
original jurisdiction of this court beinp
of.a kindred nature, though not in 2
volvipg the same questions were heard
and will be considered together. The
first IL case asking for an injunction
to restrain the city council of Florence
from granting licenses for tho sale of
spirituous liquors, upon tho ground
that there Is no law now authorizing the
granting Of such licenses, and there.
fore that threatened action of said city
council In this respect is ultra wires.
The second Is a case in which the
petitioner applies, under a writ of
habeaa corpus, heretofore issued for his
discharge from custody in which he is
held under Il warrant issued by the
mayor of tho city Of Florence, who is
invested by the charter Of enid CITY
with all the powers Of u trial justice,
charging the petitioner with selling
spjrituous liquors without license, in
n ~