The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1906-01-17
Is Declared Constitutional by the
Supreme Court.
DECISION SWEEPING
dn It's Effects. The Only Part Of the
Aatl.Ijlspensary Law Rejected BY
the Court is the Amendment
ia Reference to the
School Fund.
School Fund.

=
The Brice law Is constitutional.
Such is the decision Of the State su-
preme court. The dispensaries kept
open by Injunction must be closed
: hereafter and prohibition will prevail
Sin all OF the northwest portion Of the
State, from E1gedeld TO the North
gCsrolins line, e1ceptin Abbeville c )un'
5y, where no slection has been held.
The cases argued before the supreme
sourt last Monday were decided Fri
GSiay and the court DEGREES that the
Law Is constitutional with one excep
tion, and that may bs eliminated with.
5out affecting the law itself. The excep
Z tion, singular to relate, is the rider"
which was put on the Brice bill by
!; the dispenssry people, the clause which
provides that counties voting out the
.dispensary shall have no participation
in the surplus school fund accumuls'
ted from dispensary profits.
The State of South Carolina, in
the supreme conrt, November term,
1905:
W. W. Murph, petitioner, against
B. G. Lsndurm ct al, respondents.
Louis B. Cox, petitioner, against
James Hodges ct al, respondents.
Joseph W. Coward, petitioner, a.
,gainst J. 81. Blackwell OF al, ,gespon.
dents,
John A Weir, petitioner against E.
P. Walker ct al respondents.
Robert E. Lyon, petitioner,
against E. q. Burriss ct al, respon.
dent.
Pickens County, petitioner, against
/ a, W. Jones, as comptroller general,
respondent.
Oconee County, petitioner, against
A. VI, Jones, as comptrolles general,
respondent.
Adam T.. Aull, psJlulvue.,S against
a. w. Jones, as comptroller general,
respondent.
10 each Of these cases brought In
the original Jurisdiction of this court
the QUESTION is raised as to the con.
sGitutionality Of the act commonly
known Us the Brice. act, approved
Feb. 25, 1904 amending section 7 OF
the general diSpensarY law, approved
March 6, 1896.
After careful consideration this
court is of the opinion that said act is
not unconstitutional on any Of the
srounds alleged except In 30 far as
said Brics act declares that any
county voting out 8 'dispensary shall
not thereafter receive any part Of the
surplus that NAV remain OF the dis
pensary school funds after the dei-
-ciencies in tie various county
tchool funds have beea made up
as provided by law" While the
court considers this provision uncon
stitutional, the court is Of the opin'
ion that itis separable from the re-
mainder Of the act and that said act
stands as constitutional with this
provision treated as str 'cken out.
This conclusion renders it neceess'
.ary to set aside tie temporary injunc-
tion granted in the first five above
entitled cases restraining the closing
Of the dlspensaries therein mentioned
and also that the temporary injunc
;tion granted in the remaining three
above entitled cases restraining the
comptroller general from drawing his
official warrant for the several sums
arising from the surplus Of the dis.
pensary fund as therein mentioned be
dissolved and the comptroller general
left free to disburss said fund as it
would have been disbursed before the
enactment of the said Brice act, and
1t is so adjudged.
The reason for these conclusions
will be stated in an opinion hereafter
to be fled.
Y. J. Pope, G. j..
Eugene B. Gary, A. j..
Ira B. Jones, A. j.,
G. A. Woods. a. J.
The action of the court means that
the dispensarieS must be and must re-
main closed in Greenvllle, Spartan
burg, Anderson, LaureDs, Union,
Pickens, Newberry, Cherokee, Horry,
Ooonee. Darlington, Marion, York,
Lancaster, Eigeheld and Saluda
counties. Greenwood and Marlboro
have never had dispensaries. Will
hamsburg voted the dispensalies out,
but the election was illegal and the
result was 80 declared.
Thus 10 OF Al counties have already
declared against the dispensarY sys'
tenn and In 20 others there has been
no election. Two counties have stood
by the dispsnssry, Florence and Fair
field. In several others the people
want elections but are being kept
from an expression Of their views.
Those counties which now have dis
peusaries must contribute ot their
school fund to the counties ir: which
there are no dispensaries unless an en-
tjrely new Rvssan bn enanted.
Cheated the Gallows..
Booker Glass, o negro confined In
Selma, Ala, for the murder Ct K. E.
s Allen, q young white roan, and senten-
I ced to hang January 10th, cheated
the gallows in daring dash for liber-
ty Tuesday, in which he was shot to