The Dawson news. (Dawson, Ga.) 1889-current, 1898-03-30
DISPENSARY DECISION,
SUPREME COURT SUSTAlNS JUDGE
SHEFFIELD.
The Law Establishing DispensarieS
i'm Terrell County Declared
Constitutional. A Sweep
ing Decision.

Thursday afternoon a telegram was
received in Dawson by Colonel j. G.
Parks announcing that the supreme
court had sustained Judge Shefield's
decision in the dispensary case.
The decision is sweeping one, and
not only uphod5 the constitutionality
of the act establishing dispensaries in
Terrell county so far as the state is con-
cerned, but declares that the law does
not conflict with interstate commerce.
The decision Of the supreme court is
as follows:
Plumb, ct al, vs.. Christie ct al, Com
missl0ners, ct al. Plumb VS.. White
head, clerk, etc Before Judge Shelf
field, Terrell superior court.
Lewis, il, No one has a proper
ty right to have issued to him license
to sell intoxicating liquors,
,. Equity VIII not entertain a petit
ton to eniOin the enforcement Of an
alleged Unconstitutional law. where
the complainant does not show that
such enforcement is attempted against
his personal or property rights.
;. It follows from the above that an
injunction Will not lie to restrain the
enforcement Of an act on the ground
of its unCOnstitutiOnality because such
enforcement would have the effect of
preventing complainant from obtain
ing license to sell intOXiCants.
/. The general assembly of this state,
by virtue of its police powers, has the
authority to regulate and control the
sale OF all intoxicating liquors, and can
establish dispensaries for an exclusive
sale of such liquors, under the manage
ment OF agents or officials created for
this purpose.
). A local act establishing such dis
pensary in any county in this state
does not violate the constitutional
rights OF any citizen, and such legisla-
ton Is not prohibited by any provision
IN the constitution Of this state or the
United States.
s, A monopoly in such a business Gre
ated by the general assembly, by con-
ferrIng exclusive privilege Of engaging
In the traffic upon body corporate
for the purpose, isInot yiolative of para,
graph ,. section 3, article of the con-
stltutlon of Georgia prohibiting of any
law making irreyOcable grants Of spe-
clal privileges or immunities"
I. The dIspensary act for the cOun ty
of Terrell, approved December 10.
1897 (acts of 1897 p. 362) contains no
provision in violation Of article /, Sec
ton of the constitution Of the Unit
ed States on the subject of interstate
commerce.
$. The act above mentioned does not
contain in its body matter different
from what is expressed in the title
thereof, within the meaning of para
graph ), section Z, article Of the con-
stitutiln of this state.
3. There is no general law Of the
state under which there can be had in
any county sale Of Intoxicating IL
quors by means Of dispensaries under
the control OF the governments Hence
the act under consideration does not
violate paragraph !, section (. article
OF the constitution of the state, declat-
ing that no special law shall be enacted
IN any case for which provision has
been made by an existing general law.
10. The act in question being a valid
constitutional law, the court did not
err in refusing to enjoin its enforce.
ment, and in refusing a writ of man
damus to compel the issuing of liquor
license prohibited by the act
Judgment affirmed. All the justices
cOnCurring,
W. O. Worrill for plaintiffs in error.
James q. Parks, NJ G. Edwards, Jr..
and Hoke Smith and H. c. Peoples,
contra.