The people's journal. (Pickens, S.C.) 1891-1903, 1897-03-04
tinct. He said that had this argu-

Ihsvo mentioned the matter. The
Iamondment is to evade the effect Of
the decision OF tho highest Court in
this country. That was the language
was not dignified or honorable for q
u Legislature to openly, publicly and
| wilfully seek to evade the constitution
they have sworn to support. He could
not engage in matter intended to
evade u plain and unmistakable con-
| stitutional provision OF this country.
This amendment will be declared un-
constitutional, and it will only cost
money. He had high regard for the
Attorney General, but he thought that
ho was mistaken as he was before.
This amendment would not stand. The
Federal Judges arc not to be blinded
in such manner. The amendment
will do moro than anything else to
break up tho dispensary. 1t will in
volve vast amount OF expenses and
tho money will all go to paying express
charges. MIR. Patton's time was cx
tended for five minutes.
Mr.. Simkins said the dispensary had
worked to the satisfaction of the pco-
pie Of Edgeiield, and he was not speak
ing in cnmity 10 the law. 10 restrict
personal Importation. as proposed,
would injurc the system. The ma jority
|
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 Abbcvillc, said he
wanted to sound Il warming note. He
said only the opponents Of the law
wanted to kill the bill. The bill was
intended to strengthen the weak points
in tho dispcnsary law, aud he wanted
| every member to sand firmly by the
| law and its friends. 1t is the grandcst
law ever offered and we should stand
by the bills, and especially when they
come from so high 4 source as this one
does.
Mr.. Stevenson said that the stated
reason OF the bill was to get around
the recent Federal decision. ii it does
not it should not be passed. Iuc pur-
pose is to mako the dispcnsary 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 a 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 quUs-
| tiOn, and there Is no other result than
for 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
tho United States Court in tho face.
There are other cases pending in these
| Courts, and thero is no use to prejudice
the Courts unnecessarily against tho
State.
Mr.. Garris, who presented tho bill,
said he was sorry members referred to
the bill sarcastically and alluded to
his being its adopted father. lIo was
surprised that sOmc members should
got SO mad because the Governor said
ho approved tho bill. He was al .o
sorry that tho opinions OF tho Attorney
General and his assistant, who had
worked on this law for two or three
years, were not given full force.
: Mr. Gmrris, in reply to tho inquir,
OF MIR. Patton, said the bill WAS pre-
: pared by the Attorney General.
!. MIR. Patton said no did not blam
Il the Attorney General Tor preparin
= tho bill, but tho Attorney Gcncr,
II mistook tho spirit OF tho Constitution
Mr.. Garris said ho denied trying t
Il pass an unconstitutional Act. II
u valued the law. He has never soc
u the dispcnsary Law declared uncor
stitutionAl. We arc now altcmptin
= to 'ad ano;hcr course, but not to s!a
;. at the court. Unless something
Il done the State will be Hooded in Liquor
IL is clearly an inspection law. w
are inspecting liquor to protect th
: people.
: Mr.. Patton: "That is, it is a bona Gd
, attempt to protect the people -
! MIR. Garris: "That is one Of tn
a reasons, and another ia to keep i
T. much liquor ont Of the State. Thcr
Il WAS no restriction as TO who could ord,
- liquor, while tho State does not sell ,
.. drunkards. aud this one thing this la
~ will prevent"
% MIR. Mccullough believed eve,
id measure should be considered on i
C. merits. He said he had studied I'll
t. Dill and it did not commend itSelf
him. MIR. Garris had said in h
,c speech that tho Governor referred
IN was the late Governor. He had So.
after his shouldnr- hitting speech tn
rs ho meant tho present Governor.
nt Mr.. Clshman said this was a cris
lie for tho dispcnsary, and tho only thir
IL TO do was to stand to the bill.
10 Mr.. lrict, OF Orangcburg, went {
'e to explain the bill ns he saw IT,
O. Mr.. Bacot thought it unwise to pa
IN tho bill, because he did not think tt
y measure right. There WAS no doul
lc in his mind that the bin would |
Is fruitful OF litigation and it could n,
T. stand tho decision OF the court. VIII;
10 is wanted is to stop litigation and u
Is certainty.
~ Mr.. Pollock was sorry such sovc
Q structures had been cast on tho c
o ecutive and legal departments. VIII
the section read tho Governor has T.
). right to recommend to the Hous
Q The Governor has not done anythir
he has no right to do. He is require
J to recommend legislation which
deems expedicnt. 1t was his duty, ;
) it was that Of tho Attorney Genera
} to point out and cure defects in tho lay
Ono man has as much right to decid
) tho constitutionality OF the qucstio
as another. The Attorney Gener,
and 0tbars hold tho hill 10 rppotit,