The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1897-10-12
Especial to the State.)

Charleston, Dot 0.-Judge Simon.
tonsrendered this afternoon decisions
in'two Of the dispensary cases which
were argued before him several
days ago. In both cases, the State
wins victory and the original
package stores. will @haye to remain
closed. ~ ~
In the case, Of the Bailey Liquor
Co. against Constable w. g. Austin
aud others, involving the right of
conducting an agency at the town of
Greenwood, Judge Simonton decides
that Greenwood being prohibition
town, and the sale of liquors being
forbidden by both the Legislature
and5the ordinances Of the town, tho
original package store cannot be
maintained. Judge simonton do,
-ofaesthat the dispensary law has not
repealed the previous acts against
the sale Of liquors either in fact or
by implication and that the aot of
the Legislature of 1892 and the or
dinance of the town are valid and
still in forco. Judge Simonton
holds that liquor cannot be sold
even by the dispensary without re-
pealing the laws now in effect. The
act of the Legislature and the ordi-
nance Of the town council are lawful
exercise Of the police power, Judge
Simonton decides, and the rule is
therefore discharged.
In the case Of J. Logan Gibson
against II. j. Harmon ard others,'
Judge Simonton decides that the
town of Woodruff occupies about the
same relation that the town Of Green-
>-ood does. In this case he holds
t)fat the act of 1875 forbidding the
sale of liquor within three miles of
the Bethel Baptist church and the
Bethel academy is still in force and
the rule in this case is also dis
charged.
The decisions arc rs follows:
The United States Of America, Dis,
trict Of South Carolina. In the
Circuit Court, Fourth Circuit. In
Equity.
Bailey Liquor Company, vs.. w. G.
Austin, A. V. Eiohelberger and
j. A. Mays.
The complainants opened by their
duly authorized agent an original
package store in the town of Green.
wood. They were Offering for sale
in original packages wines, -whiskey
and saer The respondents, State
constables, with others who we're
acting under the authority Of the
town council, closed the store and
seized the liquors. A rule having
been taken oit against them for this
seizure, they filed their ret,rn.
Among other things they say that
the sale Of intoxicating liquors is
forbidden in the town Of Greenwood,
both by act of the Legislature and
by an ORDINANCE of the town council,
passed under the authority of the
Legislature.
BY the amended charter of the
town of Greenwood Q5 Statutes at
Large 225) the town council was in.
vested with full power to make all
such rules, bylaws and ordinances
respecting the roads, streets, markets
and police of said town as shall ap.
pear to them necessary and requisite
for the security, welfare, good gov
ernment and convenience Of tho
same and for preserving the health,
peace end good order thereof. Tho
s'ss.sss.s.- power is conferred upon tho
town council Of oil towns of not less
than 1000, nor more than 5000 in
habitants by A.A. 1896 ca Statutes
at Large 6O. This last act was
passed pursuant to the provisions Of
the constitution of 1896, article s,
section !. The ordinance of the
town of Greenwood, forbldding the
sale of Intoxicating liquors within
that town, was passed in tho exer-
cise Of this authority. In 1882 (18
Statutes at Large 1075) the Logis.
lature passed an act forbidding the
sale of spirltuous and intoxicating
liquors within the limits of the town
of Greenwood, or within two miles of
said corporate limita. excant with