The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-10-28
Case In Supreme Court to
Be Argued Today.
1T is FROM GREENSBORO
CONSTITUTIONALITY OF THE
LAW TO BE SETTLED.
COL. STAPLES TALKS ABB. UT THE CASE
All Dispensiar'es In Towns In This State viii
Be Affected BY Dec sion Against
The Greensboro Dis
pensary.

pensary.
dispensary case sent up on appeal
from Greensboro will be argued in the
Supreme court this morning
The dispcnsary side of the question will
Zoe represented by Jno n Wilson, attor-
ney for the dispensary; A. Nj. Scales,
attorney for the city, and "A. l.. Brooks,
The anti-dispensary side will be argued
Bynm.
As presented to the court this case in
wolves all possible phases of the dispen-
sary question. and its decision will settle,
once for all, the ocnstitutionality of dis
pensaries for the towns of this State. The
main points presented by the case are:
/. Whether the establishment and OPP
GRAFTON of a dispensary are within the
police regulation of municipality and
therefore a necessary expense to be I'M
CURED.
In other words. does the dispensary
act violate Article VII, section Z, of the
State Constitution, which says, NO
county, city, town or other municipal cor
poration shall contract amy debt, pledge
its faith. or loan its credit, nor shall amy
tax be levied, or collected by any Off
GERS of the same, except for the neces-
sary expenses thereof unless by a vote
of the majority of the qualified voters
therein?
Or is the dispensary an agency of the
Legislature, created for the purpose of
more perfectly administering its police
laws in regulating and controlling the
whiskey traffic, and bearing no relation
to the municipality IN which 1t Is sit
uated other than the coordinate duty of
administering the police laws of the
State, and therefore not liable to the
city or subject to its control?
3 If the dispensary is not within the
police regulations of municipality, and
therefore necessary expense to be in-
CURED, are the disfAnsary board created
by act Of the Legislature agents and ser
wants eff the municipality in the sense
that the municipality is liable for their
contracts and obligations!
lnese are the two questions presented
to the court, and ON their decision hangs
the fate Of all the dispensaries in the
towns and cities of North Carolina.
COL. STAPLES VIEWS.
"The case now before the Supreme
court from Guilford involving the con-
stitutionality of the dispensary in
Greensboro said Col John n Staples,
one of the counsel against the dis
pensary, SIS of more than local impor-
lance. 1t is time our citizens feel a
very great interest in the case, for in my
opinion a very large majority of the
inhabitants are strongly opposed to 1t OH
principle. and do not believe it is
good thing for a growing commercial
city like Greensboro
Il have heard number of gentlemen,
who voted for it at the white primary,
a so-called election, say that they are
convinced that it is not Il good thing,
and would not vote for il again. The
truth is, as moral institution it Is
gigantic failure. Nor, in my opinion,
does it decrease or restrain the use OF
liquor if it does one thing more than
another, besides paying salaries, lawyers
fees, and detective work, etc, it breeds
blind tigers by the litter, and in that
regard promotes violations of the law.
Probably dispensary would be q
good thing in rural communities or
towns where there is no great demand
made upon them by the travelling public
for ACCOMMODATIONS and refreshments
but for progressive, wide-awake place
like Greensboro with the hotels crowded
daily with strangers from all parts or
the country, it is a positive injury, for
however much we may wish it, we
cannot control the habits and tastes OF
the travelling public. We may punish
ourselves, but we have no right TO in
vite strangers within our gates and pun
isl them also.
Cardinal Gibbons, than whom, there
are few broader minded and cultured
men, expressed the opinion some time
ago that the most practical solution o..
the whiskey evil was high license.
Bishop Potter, a very able divine, and Il
man of much travel and information, in
sists that if liquor is sold the saloon un~
der proper local restraint and regula-
tion is the best thing for the poor man,
whilst the ate great Chief Justice Ruff
fin in one of his opinions, speaking
of licensing ordinaries, known as public
inns in those days, by the Legislature,
for the accommodation or travellers, in
all their wants. etc. said that the Legis-
lature authorizes. and. in effect, directs
that there shall be places of convenient
resort for people in humble circum-
stances to assemble for business, con-
versation and refreshment, if they
choose the law did not In