The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1906-01-17
TIE BRICE LAW
5 Declared Constitutional by the
Supreme Court.
DECISION SWEEPING
It's Efisstss: as TAe 5n'y Part of the
d.Dispenssry Law Rejected 5y
the Court is the Amendment
5: in Reference to the
School Fund.
School Fund.

The Brice law is eonsaeu:lonai
Sh is the decision Ct the State So
sne court. The dispenssries KEEP
N by injunction must be closee
,eaiser and prohibition will prevail
81 Of the northwest portion OF the
tie, from Eige6eld to the North
,olina line, ezcsptio Aboeville c 'un'
where no election has been held.
The cases ST, ueo before the supreme
1t last Monday Were decided Fri
and the court DEGREES that the
is constitutional with one excep
q. and that may be eliminated with
;afscting the law itself. Inc excep
q, singular to relate, is the rider
lch was lui on the Brice bill by
,dispensary p ople, the clause which
,Yi6ss that counties voting out the
,pensary shall have 60 participation
\ the surplus school fund accanula
"a fscm dispensary profits.
The State O; South Carolina, 10
supreme CONT, November term,
IS:
". v. rph;5etitiioner, against
;. Lsndnaim ct al, respondents.
e -'so 3. Cox, petitioner, sgainst
..:sx ,Jdgss et al, respondents.
asep6 ". Coward. petitioner, a
It J. H. Blackwell ct al, fespon-
,<S,
=, ohm q Weir, petitioner against F.
?. Walker ct al respondents.
Robert E. Lyon, petitioner,
against z. q. Burriss ct al, respon-
dent.
s Pickens County, petitioner, against
". Jones, as comptroller general,
on6ent.
onee Coanty, petitioner, against
- =, Jones, as conptrolles general,
lent.
$50 L. Aull, petitioner, against
szzz:sz5zeeaes, as c comptroller general,
, these cases brt usht IN
3urisd:ction Of this court
s..Isz>~.. IS raised as to the COZ.
=. Of the act commonly
-Ss2zs:$, sS2;, - Brice act, approved
amending section OF
49, 49, 3ispensary law, approved
s1Se6.
>5-.1crs careful consideration this
court is OF the opinion that said act Is
not unconsti utional cn any CT the
grounds alleged except in so fst as
said Byice act declares that any
county voting out a dispensary shall
not thereafter receive any part OF the
surplus that nav remain Of the dis
pensa5y school funds after the deh-
ciencies in tie various county
school funds have bte1 made up
as provided by law" While the
court considers this provision uncon
stitutional, the court is Of the opin-
ion that IL is separable from the re-
mainder OF the sc5 and that said act
stands as constitutional with this
provision trested as str cken out.
This conclusion renders it nsceess
sry to set aside the temporary injunc-
sion granted in the fcst FIVE above
entitled cases restraining the closing
Of the dispensaries therein mentioned
snd also that the temporary inJucc
ticn granted in the remaining three
above entitled cases restraining the
com mptrolier general from drawing his
Official warransss5 Ghe several sums
arising fropethe surplus OF the dis
pensaSy-f1nd as therein mentioned be
and the comptroller genera
seetSI t free to disburse said fund as Ii
aul6 have be 10 disbursed before the
8 ctnent Of the said Brlce act, anc
sdjudged.
- sscn for these conclusions
s-ssSs-;-s :s-s:sss.ii-s In an opinion hereafter
c. J.,
.s Gary, 4. j.,
s ones, A.. j.,