The Lexington dispatch. [volume] (Lexington, South Carolina) 1870-1917, 1906-09-05
The Brice Law Explained.

The dispensary law of 1896 contains
provision by which a majority Of
the voters of the township may pre-
vent the establishment Of dispen-
sary in the township. One of the
authors of that law assures me that
it was their. intention (and they
thought they had it so expressed in
that Act that the provision by which
the voters of the township might
secure the removal of dispensary
whenever desired was also embraced
in the law. When the supreme court
construed the Act, it held that there
was no provision in it by which dis
pensary could be removed. Thus the
matter stood until 1904 when the Brice
law was passed amending the dispen-
sary Act of 1896 and providing for a
removal of a dispensary by popular
vote of the county. This Brice law
then only amends the dispensary Act
of 1896 and supplies the very provision
which was intended by the authors of
the dispensary law of 1896, but which
the court found had been omitted, the
Brice law using the county as the
unit of power where the Act of 1896
used the township as such unit of
power. Mr.. G.. NJ. Efrd, one of the
authors of the dispensary Act of 1896,
has told me that he, Atty. Gen. Bar
Der and John Gary Evans are the
authors of this dispensary law of 1896,
and that he was profoundly surprised
at the construction put upon that act
by the supreme court.
Now when the Brice bill had passed
the senate in 1904 and was sent to the
house of representatives it was re-
ferred to the dispensary committee of
the house, presided over by Mr.. W.
O. Tatum, who is now dispensary
commissioner of the State. He had
been elected to this position before
his committee took the Brice bill un-
der consideration. Mr.. Tatum's COM
mittee reported the bill favorably to
the house and recommended it's pas
sage with such amendments as his
committee had put upon the bill.
Thus amended and thus reported the
bill passed and became law.
The fundamental principle in the
law is the right given to the people
to establish or remove dispensaries
according to the popular will on the
subject. The details of the law by
which this fundamental principle can
be applied are non-essentials, and can
easily be amended or adjusted to suit
local conditions and be responsive to
the highest and best interests of the
public welfare. The amendment to
the dispensary Act known as the
Brice law is therefore, not only not
antagonistic to that law, but it is
supplementary to it. Indeed, as I see
it, this Brice amendment rounds out
the provisions of the dispensary law
and is the best guarantee of the faith
full and honest administration of the
dispensary law. 1t tends to protect
against improper methods in the dis
pensary management, and is a con-
slant menace to the evils of graft and
weapon with which the public may
scourge evil doers whenever and
wherever discovered in the manage
ment of any Of the departments of
the dispensary. It can be used only
when occasion demands, and when
not used, does no harm whatever to
the honest and faithful discharge Of
the duties of those in charge of this
large and increasing State business.
The above are some of the reasons
why think the Brice law ought not
to be repealed.
J. BROOKS WINGARD.
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