The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1894-09-18
THE GREAT FIGHT OF THE YEAR.
THE DISPENSARY LAW IN THE,
SUPREME COURT.
The Petitions and Arguments OF Dis
tinguished Counscl-A Full and
Free Discussion Of the Law-AD
Early Decision is Promised.

on the 18th inst, and heard the argu
ments for and against the constitu
tionality OF the dispensary act OF 1898
Associate Justice Eugene B. Gary ap
pcared on the bench for the first time
Justices McIver and Pope occupied
their respective positions, and there
was fair audience OF interested spec
tators to hear til arguments in this
celebrated and most important case.
When the Justices came in and the
court was called to order, MIR. G.. w
Croft of Aiken arose and began read.
ing tho record of the case, including
the decision Of Circuit Judge Aldrich,
in the case before the court, the case
of "the State ex rclationc j. V. George
and G. II. Holloy VS. The City Council
OF the City of Aiken" involving the
constitutionality OF the dispensary law
oflS93. This occupied much time.
Mr.. j. p Kennedy Brayan OF Char
lesion arose then and called attention
to the Melchers case, which came up
from Charleston few days ago. He
proceeded to read the pleadings in the
case. This was the petition for an in
junction to restrain Commissioner
Traxicr from issuing any warrants and
viz otttuC CCtSuISE lEOil paying OuU
any money upon such warrants.
Attorney General Buchanan said
that from his view of States rights, it
had strong objections to this order, but
in order to let tho case come before the
court on its merits, the State wished
tOprcsent the following answer:
The State of South Carolina. In the
Supreme Court. Theodore Mclchers
and Il. w. Jepsen, Complainants,
Petitioners, VS.. w. II. G.. Bates,
Treasurer Of the State of South Caro-
lima, and d. II. Traxler, Defendants.
w. II. g. Bates and ID. II. Traxler,
upon whom has been served rule re-
quiring them to show cause why tho
writ of injunction prayed for by the
petitioners herein should not be grant
cd, respectfully mako return to said
rulc, and for causes show:
]. That the respondent w. II. c..
Bates, is the duly elected and qualified
Treasurer of the State Of South Caro-
lima and the respondent, ID. II. TraX-
ler, is State Commissioner duly APP
pointed under the act Of the General
Assembly of the said State, entitled
" An act to prohibit the manufacture
and sale OF Intoxicating liquors as q
beverage within this State, except as
horcin provided" and continue in said
Office under the provisions Of an act of
tie said General Assembly entitled
" An act to declare the law in reference
to, and further regulate the use, sale,
consumption, transportation and dis
position Of alcoholic liquids or liquors
within the State of South Carolina
and to police the same" approved De-
cembcr Ord, 1893, and now in force in
this State.
:. That tho acts of respondents, both
those dono and performed, and those
to be done and performed, complained
of and objected to by petitioners here
in, are each and all required OF rcspon-
dents by the said last mentioned act,
and have been performed and will be
performed by them and each of thcm,
in the faithful discharge of their sworn
duties, as officers of the State as afore-
said.
3. That they deny tho unconstitu-
tionality, invalidity and nullity of said
acts, in the particulars specified in the
petition herein. or in any other par
ticular; and, on the contrary, allege
that the said acts were passed by the
General Assembly in the legitimate
exercise Of its constitutional power of
legislation and with the purpose and
in the sincere desire to minify the
evils OF the sale Of liquor within the
borders of this State.
4. They deny that petitioners, or
those united with them, have suffered
injuries or arc about to suffer injuries
from the operation Of the said act of
: 1893; and, on the contrary, allege that
the operation of the said act has con-
ferred and will continue to confer great
benefits upon them, and upon all the
law abiding citizens of the State, in the
\yoy nf rpspOinIr tbn nopnla npl ocno,;
ally its youth, from the corlupting and
demoralizing influences OF the liquor
saloon. That petitioners complain as
taxpayers but that, on their own show
ing, the moneys, the disbursement of
which they seek to restrain, are not
the proceeds OF taxation but derived
from the sale of liquors by the State.
.. The respondents further answer
ing the rule herein, allege that the
writ of injunction prayed for should
not issue for that petitioners allegc no
special irrcparable injuries to them
selves beyond those suffered by the
people at large, nor do they allege in
what respect they have been or are
likely to be injured by the operation
of the said act
9. The respondents further answer.
ing the rule herein alleged, that the
writ Of injunction prayed for should
not issue for that, they are officers OF
the State and should not, at tho in.
stance of private citizens, be restrain
ed in the discharge Of their public and
official duties, on the alleged ground
of the unconstitutionality of the law
requiring their action.
The respondents having made full
returns to the rule herein, pray that
the same may bo discharged with
costs.
o. w. BUCHANAN, Atty Gen.
BOYD BROWN, Responds Atty.
Mr.. Buchanon said it might ant
would become necessary to attack tn,
decision OF this court in the case O
Mccullough VS.. Brown, and he would
ask permission Of the court TO attacl
that decision.
The Chief Justice said that the cour
was perfectly willing to grant such
request. 1t was the rule to take an or
der in such matters, but the cour
wished to hear everything that could
be said. If any OF the attorneys wish
ed to attack the previous decisions o
this court, he wished them to feel fire,
to doso. The court wanted the argu
ment to go on ad infinitum, so long a
1t could hear every point on tho con
stitutionality discussed.
Mr.. Bryan, at this juncture ros,
and said that Mr.. Smith, who was as
sociated with him, wished to make M
argument, but had been called to Ten
nessee, and wished the permission O
the court to file a written argument
Mr. BRYAN asked this permission an,