The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-04-28
GEN. WALSER DESSERTS.
Our Attorney General Can't Agree With
Our Treasurer About Dispensaries.

Our Attorney General Can Agree w III
Our Treasurer About Dispensares.
Recently Treasurer Worth made Il bril-
liant ruling touching dispensarics, hold
ing that under the new revenue act they
can sell liquor only upon prescription of
a physician.
This ruling has brought forth Il stern
rebuke from Attorney General Walser
and given the State another brilliant
made-to-order dispensary opinion. Here
lit is. You can take your choce-Bro.
Worths decision or that General Walser
dissenting or call on the court to decide:
"Hon. w. II. Worth, State Treasurer,
Raleigh, n. c.:
Sir: In reply to your communica-
tion of the 10Th inst, requesting the Of
fetal opinion of this department reia-
tive to the effect of the third proviso of
section "a of the revenue act of 1899, on
the right of the dispensaries to sell IL
quors without the prescription of a
practicing physician, | viii say that
any references by you on this question
were obiter merely, and do not have
the force and effect of a nofficial opln-
ion Of the Treasury Department. Under
section 1868 of the Code you are not au-
thorized to give an opinion on any
question unless it has actually arisen
lin the regular course of administration
of the affairs of your department.
in view of these facts, / do not see
that any occasion has arisen for your
official action relative to the matter
about which you have asked my opin-
ion, and as this department is not au-
| thorized or required to give an official
opinion unless iii needed for the guild
ance Of the head of a department, and
| in relation to some matter calling for
the decision of that department, in ac-
cordance with the practice or this de-
Ipartment, l must decline to express an
| opinion upon the question proposed by
| you II OPP. Atty. Gen'l. 1T3. Il OPP. At
| ty. Gen'l. 49,"
| Yesterdays Raleigh Christian Advo-
DINA Methodist Conference South, has
this to say about Br Worth's decision
This seems to us a very strange
truling. In writing these words, we do
not discount the Intelligence nor impugn
the motives of the State Treasurer. 1t is
very well known that the idea of limiting
the sale of liquor by a dispensary to
those having physicians prescriptions
never entered the minds either of the
ipctitioning advocates of the Dispensary
or of the legislators who passed the law.
| Whatever the letter of the law may be.
| there is no doubt as to what the spirit
lis. The intent is as clear as the noon
day sun.
The decision, in spite of its strange
ness, has, at first blush, happy look
| 1t appears to be grand victory for
Temperance. All true Christian hearts
| have been praying for the time, when
no man in this broad land can obtain
alcohol without a physicians prescrlp-
lton. Ought we not, then, to rejoice in
Treasurer Worth's ruling? No, because i
means the defeat of temperance. 1t
means the final obliteration of every dis
Ipensary in the State, and Il return to the
Iopen saloon regime.
but the decision will hardly stand
the legal test. Attorney General Griggs
imay say that black is white and that
liquor shall be sold in army canteens in
spite of the plain vote of Congress, and
may have nothin gto obstruct MS course.
But the day is yet to come when the
spirit of a law passed by the Legisla-
ture of the commonwealth of North Car
DINA, and affecting most vitality the NOR
| al and material interests of great peo-
pie can be trodden under foor by mere
verbal accident clothed in official garb.
I'VE prefer to believe that the signiti-
cant words in the Revenue Act were
altogether accidental. But apart even
from this thought, It'll best for our pe0-
Iple to keep their eyes on the meanoeuvres
Of the liquor power in this State. 1t IS
gifted with all the assumed slyness or
Joey Bdgstock-Joey b." the mali
cious sophistry of a Mephistophiles and
the State craft of Talleyrand,"