The Pickens sentinel-journal. (Pickens, S.C.) 1903-1906, 1906-01-17
BRICE LAW STANDS
TEST OF COURTS.
State Supreme Court Unani-
mouSly UpholdS It.
THE DECISION IS SWEEPING
Only Part Of This Local Option Law
Rejected by the Court Was
The School Fund
Rider"

The Brice law il constitutional
Such is the decision Of the State su
preme conIt. The dispensaries kept
open by Injunction must he Closed
her eatt,r and prohibition will prevail
in all of the oiIhwest portion OF the
state. from Edgetield to The North
Carolin" line, except in Abbeville
county whore no election has been
held.
The cases argued before the su.
preme court last Monday were decid.
ed yesterday and the court decrees
that the law is constitutional with
one exception, an that may be elm.
mated without affecting the law it.
self. The exception, singular to re.
late is the "rider' which was put on
the Brice Bill by the dispensary peo.
pie, the clause which provides that
counties voting out the dispensary
shall have no participation in the sur
plus school fund accumulated from
dispensary profits
The State of South Carolina, in
the supreme court, November term,
1905:
w. w. Murph, petitioner, against
b. G. Landrum ct. al respondents.
Louis B. Cox, petitioner, against
James Hodges, ct. al respondents.
Joseph w. Coward, petitioner,
against j. H. Blackwell, ct. ul., re-
spondents.
John a. Weir, petitioner, against
F.P. Walker, ct. al respondents.
Robt. e. Ligon, Petitioner, against
L. H. Burriss, ct. al, respondents.
Pickens county, petitioner, against
A. w. Jones, as comptroller general,
respondent
Oconee county, petitioner, against
A w. Jones, as comptroller general,
respondent.
Adam l.. Aull, petitioner, against
A. w. Jonos, as comptroller general,
respondent.
In each Of these cases brought in
the original jurisdiction of this court
the question is raised as to the. con-
stitutioLality of the act commonly
. known as the Brice act, approved
Feb. Oath, 1904, amending section 7
of the general d,spensary law, approx.
cd March 6. 1896.
After cu,eful consideration this
court is Of the opinion that said act
il not unconstitutional on any Of the
grounds alleged except in go far az
said Brice act declares that "any
county voting out the dispen sary
shall not thereafter receive any part
of the surplus that may remain of
the dspensary school funds after the
deficiencies in the various county
school funds have been made up az
provid. d 10y law" While the court
considers this provision unconsttuo
tional the court is Of tho opinion that
it is separabIe from the re maind.r of
the act and that said act stands as
institutional with this provision
treated as alricken out.
This conclusion renders it ne COS
sary to set aside tho temporary in
junction grated in the first five
above entitled cases restraining the
c'osing Of the dispen 'aries therein
mentioned, and also Il a., the tempo
rary injunction granted in the remain.
ing three above entitled cases re-
straining tho comptroller general
from drawing his official warrant for
the several sums arising from the
surplus Of the dispeusary fund Of
therein mentioned DO dissolved md
comptroller general left free to dis
burse said fund as it would hav,
been dishursed before the enactmen
OF tho said Brice act, and is is 80 al
judged.
The reason FIR these conclusion
will he stated i'll an opinion hereafte
to be filed.
y J. ropo, G. J.
Eugene B. Gary, A. j.
Ira B. Jones, A. j.,
.... ... O. A. Wood, A. J.
The action of the court means tha
the dispensaries must be and mus
remain closed in Greenville, Spartan
burg Anderson, Laurens, Union