The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1897-03-02

amendment is to evade the effect q
the decision OF the highest Court Il
this country. That was the languag
of the author OF thelbill. He said
was not dignifed or honorable for
Legislature to openly, publicly ant
wilfully seek TO eyade the constitution
they have sworn to support. He coul,
not engage in ~ matter intended I,
evade a plain and unmistakable con
stitutional provision of this country
This amendment will be declared un
! constitutional, and 1t will only cos
money. He had high regard for tn,
Attorney General, but he thought tha
he was mistaken as he was before
This amendment would not stand. The
Federal Judges are not to be blinded
in such manner. Tho amendment
will do more than anything else tc
break up the dispensary. 1t will in
volve vast amount OF expenses and
the money. will all go to paying expires.
charges. Mr.. Patton's time was ex
tended for five minutes.
MIR. Simkins said the dispensary had
worked to the satisfaction of the peo
pie OF Edgetield, and he was not speak
ing In enmity 10 the law. To restrict
personal importation, as proposed
would injure the system. The majority
OF people are becoming reconciled to
the law, and there is no use to further
agitate matters. To enforce this bill
will again arouse antagonism, because
people now hold they have the right
to bring liquor into the State for their
own use.
Mr.. Kinard, of Abbeville, said he
wanted to sound a warning note. He
said only the opponents of the law
wanted to kill the bill. The bill was
Intended to streng then the weak points
| N In l.,,, l. 4
every member to sand firmly by the
law and its friends. 1t is the grandest
law ever offered and we should stand
by the bills, and especially when they
come from so high source as this one
does.
Mr.. Stevenson said that the stated
reason of the bill was to get around
the recent Federal decision. If it does
not 1T should not be passed. The pur-
pose Is to make the dispensary law an
inspection law. An inspection law
Is unconstitutional and this bill will
not pass as an inspection law, ,as
such law can only shut out that
which is detrimental to public health.
The Court had said that law cannot
say that what is sold by another is
poisonous and detrimental, when the
State itself sells the same liquor. The
Court has already decided that ques-
tion, and there is no other result than
Tor this bill to be declared invalid.
The bill Is not worth the paper it is
written on. He had never opposed
the law and helped to enforce the law
as mayor OF his town. He argued that
there was no use to attempt to slap
the United States Court in the face.
There are other cases pending in these
Courts, and there is no use to prejudice
the Courts unnecessarily against the
State.
Mr.. Garris, who presented the bill,
said he was sorry members referred to
the bill sarcastically and alluded to
his being its adopted father. He was
surprised that some members should
get so mad because the Governor said
he approved the bill. He was also
sorry that the opinions of the Attorney
General and his assistant, who had
worked on this law for two or three
years, were not given full force.
Mr. Garris, In reply to the inquiry
Of Mr.. Patton, said the bill was pre-
pared by the Attorney General.
Mr.. Patton said he did not blame
the Attorney General for preparing
the bill, but the Attorney General
mistook the spirit of the Constitution.
Mr.. Garris said he denied trying to
pass an unconstitutional Act. He
valued the law. He has never seen
the dispensary law declared uncon-
stitutional. We are now attempting
to lead another course, but not to slap
at the court. Unless something Is
done the State will be flooded in LIQUOR.
1t is clearly an inspection law. We
are inspecting liquor to protect the
people.
Mr.. Patton: "That is, it is bona fide
attempt to protect the people ?"
Mr.. Garris: "That is one OF the
reasons, and another Is to keep so
much liquor out of the State. There
was no restriction as TO who could order
liquor, while the State does not sell to
drunkards aud this one thing this law
will prevent"
Mr.. Mccullough believed every
measure should be considered on its
merits. He said he had studied the
bill and it did not commend itself to
him. Mr.. Garris had said in his
speech that the Governor referred to
was the late Governor. He had said
after his shoulder-hitting speech that
he meant the present Governor.
Mr.. Cnshman said this was a crisis
for the dispensary and the only thing
to do was to stand to the bill.
Mr.. Price, of Orangeburg, went on
to explain the bill as he saw it..
MIR. Bacot thought it unwise to pass
the bill, because he did not think the
measure right. There was no doubt
In his mind that the bill would be
fruitful OF litigation and it could not
stand the decision OF the court. What
is wanted is to stop litigation and un-
certainty.
Mr.. Pollock was sorry such severe
strictures had been cast on the ex-
ecutive and legal departments. With
the section read the Governor has the
right to recommend to the House.
The Governor has not done anything
he has no right to do. He is required
to recommend legislation which he
deems expedient. 1t was his duty, as
1t was that OF the Attorney General,
to point out and cure defects in the law
One man has as much right to decide
the constitutionality of the question
as another. The Attorney General
and others hold the bill is constitu.
tional. He would say the bill did not
seek to evade the recent decision.
The law now requires examination oi
liquors sold and the idea is to extend
the examination. He did not fear the
courts In the least on the bill. The
measure is to take another road from
that declared defective In the old law
DIR. Ilderton favored tho bill and had
every reason to suppose 1t would stand
the tests of the Courts. Ii the bill
does not become q law the flood gates