Tensas gazette. [volume] (St. Joseph, La.) 1886-current, 1894-04-27
UNCONSTITUTIONAL.
The South Carolina DiSpensaTy J
Law SO Declared.

COiu0DiAs .. O.s hp'H A"0
dispenss decision rendered by
the Supreme Court to.day was Ia
the cases of State against Nc
CullOugh, State against Brown,
State against TrrOsrr and several
Others, oil of ah,eh were argurd
together on the 90 of last January.
The Cases were aiI attacks npon the
cOns;itnfi0nalrtS nf the act o lS92.
In the mrantinp 10 Drrrmh-r. 1893.
u new act was passed repeating the
act of 1892. Int consisting sub.
stautially of thp same IrOvisiOns.
1t was in the langua gr Of rs fri-rtls
q "mere Tightening up" of the
previnus ar.. The rOnrt in this
decision cOnfinr them -elvps to a
consideration of the act of 1892.
but declare that the constitutional
objections apply with rqnal effect
to the law nov IN force. Therefore.
while nominally the Law ~ il stands
remains nnaftacRed the derision
practically annnis 1t Cine Justic.
McIver, who delivered the opinion.
while ia no sense n politician, ~
understood tO svmpsthize with III.
straightout faction AMI the same
may be said of Justice MCGOWAN.
who cOncurs with him. Justice
Pope IA q Tillmanite ami wns elect
ed Attorney General when Tillman
was hrst elected Governor in 1890.
Jnstice McGOwan's term expires ~
July aud Eugene b. Grav, until
recently TilImanite Lieutenant
Governor, was elected to succsed
him last December. 1t ia surIH s~d
that an effort will i,e made to have
the Law again submitted to the
court after hr takes i,is seat. y hen
the court will includr u majorit, of
Tillmanit-s. L.~ypIs say. how
ever, that AN act declared ancOnsti-
tutipnal cannot I've restored ny the
mere reversal of an opinion that
1t will br necessary for 1t to he
again enacted by the Legislature
before its c0hstit tationality can have
another test. The decision was
hailed here with delight All da!
the citizens of Columbia, while not
demOnstrativr, have been jubilant
at the oatlook, aud the Impression
is universal that the law 10 de i'd.
Reports from other towns are tina
the news of the decision was re-.
ceived With jOv. Gov. TiIlman. for
the first time in his life. r~rnsrs to
talk. BE has not read the decision
yet and positively refuses to express
himself. Senator John Gary Evans.
who fathered the law M the last
assembly, and who is its special
champion. is a candidate to succeed
Gov. Tlllman, did nat hesitate tn
charge that the decision WAS \
J,artisiD one; that u Was the rr.
sult Of poiitiral basis. and that
Justice Pope's opinion woulh b-
sanctioned by lawyers as clear and
right.
"What are you going to do about
iti" said reporter to Artorne,
General Buchanan this afternoon
"Saw wood and say nothing,
was the laconic reDly.
The Attorney General says. how
ever, that the presrut Law is mo-
affected by the derision. l. wal
evident from the tome oG hi- "onv-r
sation that the decision ~, n lrga
d~liverance had no. rxrr'r' ~,
admiration. The Attorney Grne,a a
declines to say whether o no. th-i,
will lie an appeal to the Un'p,
States Supreme Court. There ha,
been some talk of the Governor
calling q special session of th'
Legislature to re. enact = new dis
pensary laS, which would not b,
pAased until after .elrcl
Gray succeeds Justice Nr,inwau
Immediately after the decision w
fletlseveral orders for whisky wer,
coonter,usutled by the State dis
pensary.