The herald and news. [volume] (Newberry S.C.) 1903-1937, 1905-10-24
AS To School Funds.

\D-j DCCduSc llIC Sdlu act Is llOl d
valid law of the said state for the
reason that it provides that any coun~
ty voting out dispensary shall not
thereafter receive any portion of the
surplus funds that may remain of the
dispensary school funds, after the de-
ficiencies in the various county school
funds have been made up, as provided
by law, but leaving the said surplus
funds to be distributed among the
counties retaining the Gispensary,
Marlboro and Greenwood counties. in
which no dispensary has ever been es-
tablished, which is in conflict with
Article XII, Section IL, Of the con-
stitution Of South Carolina, which
provides, inter ALA, that such surplus
shall be devoted to public school
purposes, and "pnoportioned as the
general assembly may determine"
There being now in the hands of the
state large amount Of such said
surplus funds, and which was there be-
fore. voting out the said dispensaries
in said county, and in the surplus
funds the citizens and taxpayers OF
said county had vested Interest and
property right before the attempt was
made under the guise of law to de-
prive them of the same.
CO.. Because the said act is not
valid law, for the reason that the gen.
eral assembly has attempted to enact
a special law concerning a subject
where general law could be made
applicable, thereby violating Article
VII, Section "a, OF the constitution OF
South Carolina, where it is provided
in Subdivision XII where a general
law can be made applicable no special
law shall be enacted"
Equal Protection.'
Second. In that it denies to all
persons of Union county and of all
other counties that have or may here
after vote out the said dispensary,
Hereunder the equal protection of
the law: (A.) Because the said act
levies a tax of one-half of one mill
upon every dollar of the value of the
taxable property in said county, and in
every other county voting out the
dispensary Hereunder, for the purpose
of defraying the expenses Of the en-
forcement of the said dispensary law
therein, thereby attempting by its
very terms to levy tax upon the tax
able property Of certain counties to
defray the expenses Of the enforce
ment OF a general state law therein
and exempting from sail levy other
counties placed in the same circun-
stances and under like conditions as
to the said dispensary law and the en-
forcement there, thus violating Ar
ticle x. Section I, of the constitution
of South Carolina wherein is provid-
ed: The general assembly shall pro-
vide by law for a uniform and equal
rate of taxation," etc.
(B.) Because in the county OF
Union and other counties voting or,c
the dispensaries for the enforcement
Of the General State dispensary law,
which prohibits the sale in any part Of
che state, of alcoholic liquors, except
in dispensaries, the state levies spe-
cial and continuous tax on all prop
ertv for defraying the expenses of the
enforcement of the dispensary in said
county, and protecting the persons
therein from violations of said dis
pensary law, whereas, under and by
the general provisions OF said law,
tie persons within the counties OF
Greenwood and Marlboro, where no
,diSpensaries have ever been establish
ed. and where no alcoholic liquors
are legally sold, are afforded the pro-
lection of said dispensary law, to-
seh1er with counties having dispensa
lies, without any special levy of tax
cs for the enforcement of the same,
nor are they ,burdened with any other
e,., L:+;ore for the eafnrcennent of