The Union times. [volume] (Union, S.C.) 1894-1918, 1896-06-12

pnDllc morals or public safety has no
real or substantial relation to those
objects or is palpable invasion of
rights secured by the fundamental law,
1t Is the duty of Courts so t. adiudge
and thereby give effect to the Cunsti-
tntion." Mugler vs. Kansas, 1913 U. s., ,
G23. "a State cannot under the guise
Of exeiting it's police powers or of en-
acting inspection laws, make discrim-
ination against the product aud in
dustries of some of the States in favor
O. the products and industries of its
own ol OF other States" (Brimmer
VIZ Rebman, l3S I. s., 7S.) A State
cannot make law designated to raise
money to support paupers, to detect
or prevent crime, to guard against dis
ease and to cure the sick, an inspection
law within the Constitution meaning
of that term, by calling it SO in the
title People vs. Compagnie Generate
Trnnsatlantique, 107 L. S., 50. These
require an examination into and
analysis Of the Act of Assembly.
One of the purposes of the Act as
disclosed in its tide is to further regu-
late the sale, use, consumption. trans
ting and alcoholic liquors or liquids as
an article of commerce us unquestion-
ably they are.
The first section then forbids the
snle, barter, or exchange, receipt or
acceptance for unlawful use, delivered,
storing and keeping in possession with
In the State of any spirituous, malt,
vinous, fermented, brewed whether
lager or rice beer or other liquids,
cny compound or mixture thereof by
whatever name called or known, which
contains alcohol and is used rs bever-
age, by any person, firm or corpora
tion. 1t then declares it unlawful in
any consignee or other person to take
from the depot or other place, or to
pay freight or express or other charges
thereon by anyone. of any such liquors
or liquids. except as hereinafter pro-
vided, under II penalty of imprlson-
nent in the peniscntinry, or fine, or
both, in the discretion OF the Court for
each ofrensc.
All such liquors are declared to be
contrahnnd and against the morals,
good health and safety of the State,
except when bought from a State
ciliccr authorized to sell the same or in
possession of one and having been
tested by the chemist of the South
Carolina College and found to be
chemically pure.
The section further declares that all
alcoholic liquors not having been tested
hv the chemist of the South Carolina
College and found to be chemically
pure nrr Ofu poisonous and detrimental
character and their use and cOasump-
tiou ns Il beverage are against the
morals, good health and safety of the
State, and that such liquors may be
seized wherever found without II war
rant aud turned over TO the State COM
missioner.
1t Will be observed that under this
section alcoholic liquors or liquids are
not in themselves declared to he de-
lctcrious. Nor is the use of them as n
beverage declared or treated as against
the morals, good health or safety of
the State. The absence of certif-
cate of the chemist of the South
Carolina College and the purchase
from State officer authorized to sell
the same, or out of his possession work
this result. And only those alcoholic
liquors which have not the test of this
chemist are declared to he of II poison
ous anal detrimental character and
against the morals, good health and
Sntcty OF the State, whatever may be
III fact their real purity.
Why then are these conditions i'm
posed? The sale only by the State
officer and the certificate of the chemist
OF the South Carolina College? The
Attorney General says that this is an
inspection law. Upon examining the
Act no provision is found for an in
spection of spirituons liquors by the
chemist of the South Carolina College,
except when instructed to do so by the
State board of control, and then only
OF such liquors ns they shall purchase
Tor use III the State. None making it
his duty to inspect for anyone else
None fixing his fees. He is not State
officer, but professor in the college,
h"vinS dntics connected with his
Office which may or may
not enSross his time. The
which do not bear certificate of test
by the chemist of the South Carolina
College are poisonous and injurious to
the welfare, good health and safety of
the State solely because of the absence
of the certificate. No other reason
whatever is given. At the same time
it omits to make it the duty of this
chemist to inspect aud test alcoholic
liquors except when they are pur-
chased for or by the State board Of
control. He may refuse to make any
test of any other liquors. He can law
fully 10 40 and he cannot be compelled
to net otherwise. He may consent to
make the test, but he can impose terms
which would be prohibitory. The