The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-04-20
LAW INVALID.
Cardinals Supreme Court Knocks Out
Gov. Tillmal.

sumo the Conduct and Control of 1t.
Justice Pope Files a Dissenting
Opinion, in Which He Upholds the
onstitutionality of the Law.
Columbia, S. c., April ia decision
was rendered in the composite case com
nosed of the case originating in Darling
ton. testing the constitutionality of the
dispensary law and appealed to the
supreme court by the state, and several
minor cases, likewise appealed. Chief
Justice McIver and Associate Justice Nc
Gowan filed an opinion affirming Judge
Hudson's decisions that the law is uncon-
stitutional, because it creates a monopoly
for the state Justice Pope filed dis
seuting opinion, affirming the constitu-
tionality of the law.
Gov. Tillman would only say this much
about the decision. II haven't read it,
and don't know it's scope yet. have'tried
to enforce it because it was the law The
action of the court makes it incumbent
Oh me to take such steps as my judgment
will dictate to protect the interests of the
state and of the people. The matter is
not finished. l will obey the court for
the present and appeal to the supremest
COurt-the people"
A vOLUMINoUs DOCUMENT.
The decision is voluminous document.
and reporters have been busily engaged
all day with typewriters, making copies
Up to this hour, the copy is not all into
the newspaper Office. The opinion is by
Chief Justice McIver concurred in by
Associate Justice MCGOWAN, Justice Pope
dissenting, and virtually declaring the
dispensary law unconstitutional in every
particular. save that section forbidding
the sale of liquors after June 30, 1898.
CAN'T CONDUCT THE BUSINESS.
The court holds that the state has the
right to absolutely prohibit the sale of in
toxcating liquor, but denies its right in
the exercise Of the police power, to as
sumo the conduct and control of the
traffic in any manner. 1t holds that the
sale of liquors not being intrinsically un-
lawful, the state has no right to treat
it in different manner from
any other lawful business, and that as it
would have no authority to debar any
class of its citizens from following any
other lawful business and devolve it's
conduct upon the state, similarly it had
no such right with regard to the liquor
business The opinion covers every con-
cievable point of the case and is generally
sweeping and condemaatory of the liquor
law.
THE DISSENTING OPINION.
Associate Justice Pore, in an equally
lengthy dissenting opinlon, MAINTAINS the
constitutionality of the dispensary act
based on the rightto exercise the police
power, and holds that all rights not re-
served to the people may in their interest
be exercised by the legislature. He in
weighs particularly the disposition of the
judiciary to trespass needlessly upon the
domain Of the legislative branch of the
government.
THE CASES INVOLVED.
The decision rendered to-day was in
the cases OF the state against Mccullough,
the state against Brown, the state
against Troeger, and several others, all
OF which, were argued together on the
" OF last July. These cases were all
attacks upon the constitutionality of the
acJ OF 1872. In the meantime, in Decem-
GER 1873, new act was passed repeating
the act OF 1892, but consisting substan-
UalIy OF the same provisions. 1t was, in
the language of its friends, a mere
Tightening up of the previous act.
;a Ine court in their decis-
Ion confne themselves to a
consideration of the act of 1899, but de-
clare that the constitutional objections
apply with equal effect to the law now in
IOrce Therefore, while nominally the
law, as it stands, remains unattached,
Vhe decision practically annulsit
POLITICS OF THE JUDGES.
Chief Justice McIvor, who delivered the
opinion, while in no sense politician, is
understood to sympathize with the
sIIalghtout faction, and the same may be
Sald OF Justice MCGOWAN, who concurred
with him, Justice Pope is Tillmanite,
ana was elected attorney general when
irDV II,
IN 1870. Justice McGowans term ex-
pres In July, and Eugene B. Gary, until
recently Ifllmanite lieutenant of the
governor, was elected to succeed him last
december, 1t is surmised that an effort
W!A De again made to have the law sub
united 10 the court after he takes his
Seat, when the court will contain a ma
lorIy OF IiIlmanites. Lawyers say, how
ever, that an act declared unconstitu-
uonal cannot be restored by the mere re-
serSaI OF an opinion; that it will be nee
eSSary Tor 1T to be again enacted by the
oElSIaJure before its constitutionality can
nave another test.
HAILED WITH DELIGHT
.. he decision was hailed here with de-
H-hJ' All day the citizens of Colum-
oIa' while not demonstrative, have
ueen lubilant at the outlook, and the i'm
preston Is universal that the law is dead
Ll'pofJs from other towns are that the
Joy "-'--
i. Gov Tillman for the first time in his
~ lle refused TO talk. He has not read the
ugclslon yet and positively refuses to ex-
press himself.
senator John Gary Evans, who faith
oLea oLea the law in the general assembly,
S' Si' VINO Is its special champion, is q can
SSU'aVe TO succeed Gov. Tillman did not
miS3IIate to charge that the de-
f''Ioh was partisan one, that
n. was the result of political
,,l u.aS and that Justice Popes opinion
"o9l be sanctioned by lawyers as clear
LUZ ATTORNEY GENERAL INTERVIEWED.
What are you going to do about it2'
cLa Lu reporter to Attorney General Bu-
NHdhan this afternoon.
looo,aiw oaw wood and say nothing" was the
'aGonic reply
Inc attorney general says, however.
tiNv Jhe present law is not affected by
ta. aIe uecision. 1t was evident from the
S5 ,ou' Oh ms conversation that the decision
aI aI legal Seliverance, had not excited his
cIgiuIratlon. The attorney general de-
o'HeS 10 say whether or not there will be
ca,,l cu appeal to the United States supreme
o.Ire mere has been some talk of the gov
{i'InoI calling special session Of the leg
,i.Itvure 10 re-enact new dispensary law,