The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1905-11-08
BRIcE Law UNCONSTITUTIONAL.
G. Duncan Bellinge1, Formerly Attorney
General, Confident of Knocking II 0ut in
Federal Court.

COLUMBIA, November 3.-The law
yers for the Union dispensers who are
seeking to have the Federal court step
in and restore these dispensers to their
Job on the ground that the Union elec'
tlOn was void because the Brice law Is
unconstitutional are laughing at the cry
OF bad politics that is going up over
their move from the editorial and news
columns of the daily and weekly press
of the State, are amused to know that
their fight is likely to incense the peo-
pie into driving the Legislature to enact
L general prohibition law.
We don't care a continental cuss,
said ex-Attorney-General G. Duncan
Bellinger to me to-day, what the Leg
iSlature enacts or neglects or refuses or
fails to enact We are not representing g
any politician or bunch of politicians:
We are seeking a definite remedy, and
we believe we are going to get 1t. we
want our clients restored to their posi-
tions."
"lou represent no general association
ofdispensers or Dispensary adherents::
No, SIR
Nor the State Board of Control ~
Not in the remotest way. think 1t
would be very bad move on their part
to get mixed up with a fight OF this
kind"
DO all the people you do represent
live in Union county 20
''All named in the papers do" and
Mr.. Bellinger laughed. He declined to
say what other interests he and those
associated with him represent, 1t is a
question that:has aroused much interest
throughout the State.
According to the remarks OF Judge
Pritchard made at the time he made
arrangements to hear you at Richmond
on the question of issuing a mandatory
Injunction to accomplish what you failed
to accomplish at Asheville. he does not
seem to think you have much OF case. .
"On the contrary, Judge Pritchard
clearly indicated that be saw that the
Brice Act was unconstitutional. as every
good lawyer, and even every layman
who has read the Federal Constitution,
sees. But he doubts whether he can
get at that point through our efforts TO
restore TO Office. We think we can con-
vince him he is wrong. He was right
in deciding at Asheville that he had no
jurisdiction. We knew the moment the
question was raised that we were gone
for the time being. But even the law
vers on the other side know that the
Brice law is unconstitutional:accordlng
to either the State or Federal Constitu-
tlons.''
"Think you will succeed before the
convening OF the Legislature ,"
Yes, I think we will. But il We
don't, we are, nevertheless, in this fight
until we do succeed. or until the Legis-
lature repeals the Brice Act or abol-
ishes the Dispensary system"
I'm your opinion will the Legislature
do either at its next sitting -
"iAs I look at it. the next Legislature
will do nothing with the Dispensary.
No politician with hopes of a future is
going to father bill to abolish the Dis
pensary He won't stake his future on
any such move. in view OF all the doubt
and confusion about the natter
"Oconee county went dry this week
by vote of ten TO one. Some twelve
other counties are dry by almost equally
impressive fCaJOr1GleS. OO you uLSIoFei
any element of doubt IN that? ,"
"The elections show merely that the
people are dissatisfied with the way the
Dispensary is administered. And. be-
81 ss, only third to half the people are
voting under the restrictions of the
Brice Act. Wait till the primaries are
heard from
Attorney Welsh, who is associated
with Mr.. Bellinger, advocates amend
ing the Dispensary law so as to provide
for selling across the Dispensary coun-
ter by the drink, mixed according to the
best science, practice and skill of mod
ern barkeep, the doing away with re-
quest blanks and the extension OF the
closing hour 10 O'Clock, so as to head
Off blind tiger.
"They talk so much about the doing
away with the request blank require
menr," Mr. Welsh said. ''Why don't
those who find fault proceed against
the offending dispenser on the criminal
side of the court: The statute is clear,
making such neglect or failure on his
part punishable by $500 fine in addi-
ton to forfeiture of his iob.-Special to
Sumter Daily Item.