The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1894-04-25

CVustueii u tue 4o0o''oh
tiouality of an Act of Congress the
inquiry is whether there is anything in
tue Federal Constitution which. either
in express terms or by necessary impil-
cation, %confers upon Congress the
power to pass the Act in question.
Fully impressed with these conceded
principles we approach the consldera-
zion OF the question whether the Act OF
the 24th of December, 1892, which for
convenience will be designated through
out this discussion as the Dispensary
Act, is in conflict with any constitution
al provision either State or Federal.
Ia considering this question the first
inquiry which naturally presents itself
is, what is the general nature. scope
and objects of the Act as disclosed by
its terms. Without going into a
detailed consideration of the numerous
sections of the Act, We think it is safe
to say that it is az Act forbidding the
manufacture or sale Of intoxicating
liquors as a beverage within the limits
of this State by any private individual
and vesting the right to manufacture
and sell such liquors in the State exclu-
sively, through certain designated
officers and agents. eve may say here
that in the further discussion of this
subject we will drop the word ''manu-
facture' and speak only of the sale
or keeping for sale Of Intoxicating
liquor as a beverage. not only for con-
venience of ~pbraseology, but for the
better reason that in none of these
cases which We are called upoa to
decide does the question Of the manu-
facture of intoxicating liquors arise,
bat they all relate to the sale or keep
ing for sale of such ~liquors.) 1t seems
to US that the view which we
have presented as to the nature, scope
and object Of the Act is manifest not
only from the title of the Act. but
also from the provisions found in almost
every section. The title declares it to
be an Act to prohibit the sale of iutoxi-
eating liquors except as herein pro-
vided," and the various sections show
beyond dispute that the only exception
made. is the State, which is expressly
authorized to engage in the sale Of
intoxicating liquors for any purpose
whatsoever, either as a beverage or
otherwise. Indeed the body of the
Act goes further than the title; for
while the language used in the title
seems to Indicate that the purpose Of
the Act was only to forbid the sale
of intoxicating liquors ''as o beverage"
yet in the body of the Act it is very
manifest that a sale of such liquors for
any purpose, and not simply t'as a
beverage" is forbidden except when
made by the State through certain
designated officers and agents. Licensed
druggists must buy such Intoxicating
liquors as may be necessary in COM
pounding their medicines and tinotures
only from the designated agents of the
State. Even wine for s%acramental
purposes can only be bought from such
agents. In other words, the manifest
object Of the Act is that the State shall
monopolize the entire traffic In intox-
icating liquors to the entire exclusion OF
all persons w%homsoever, and this too
for the purpose of profit to the State
and its governmental agencies, coun-
ties and municipal corporations ; for the
Act, after a%ppropriating the sum Of
$50, 900 from the State treasury for the
purpose of purchasing a supply Of
liquors with which to begin the bust
ness, provides that the liquors so pur.
chased by the State commissioner sbal!
shall sold by him to the various county
dispensers at a profit not exceeding 80
per centum of the net cost thereof,
and that the proceeds of such sales
shall be paid iaio the State treasury
upon which the Commissioners may
draw from time to time to amounts
necessary to meet the expenses incurred
in conducting the business, and also
provides that the county dispensers may
sell such liquors to consumers at a pro-
fit not exceeding so per centum above
the cost thereof. except in sales tc
licensed druggists, where the profit is
limited to 10 per ceutum, and that all
profits, after paying the expenses o.
such ~dispeusary. shall be divided
equally between the county and
the municipal corporation with.
in which such ~dispensary is located
1t is also provided that the State
commissioner may sell Intoxicating
liquors so purchased by him to persons
outside of the State.
This being the nature, scope and
object Of the Dispensary Act, our neg
inquiry is whether it conflicts with any
provision Of our State Constitution
There are at least two Of the provisions
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