Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1906-11-09
DECIDED AGAINST VETERANS.

BY a recent decision Of the supreme
court Of South Carolina the act Of the
legislature, exempting Confederate
soldiers and sailors from the payment
of licenses, was declared unconstitu-
tional, says the News and Courier,
and the decision is of interest to the
whole state, and especially to the
city of Charleston, where similar
cases are pending and the corporation
counsel was waiting for the supreme
court to decide the case brought be-
fore taking action In the cases
brought by this city. 1t will be re-
membered that a case was brought by
the city Of Laurens against Confed-
crate veteran, named Anderson, in the
mayors court, who decided against
Anderson, and the case was appealed
to the circuit court, and Judge Prince
affirmed the judgment Of the mayor.
The case was then taken to the su-
preme court and Judge Princes de-
cision was affirmed. The main ground
for the decision is that the act dis
eliminates in favor Of soldiers and
sailors, but ignores the veterans OF
other wars as we'll as the soldiers and
sailors Of the Confederacy who en-
listed from other states.
The decision of the supreme court
is In part as follows:
indictment in mayors court of the
city OF Laurens against John Wade
Anderson for violation Of the city
ordinance. From circuit decree OF
Juuge trInce, affirming the judgment
of the mayor, the defendant appeal
ed.
The opinion Of the cour. was de-
livered by Justice Gary. The excep-
tions assign error on the part OF his
honor, the presiding judge, in declar-
ing the following statute unconstitu-
tional, to wit:
BE 1t enacted by the general assem-
bly, of the state of South Carolina,
That all soldiers of the Confederate
states, who enlisted from this state,
and who were honorably discharged
from such service, shall hereafter be
exempt from any license for the car
rying on of any business or profess
sion, within this state, or any city,
town or village therein: Provided,
that such soldiers and sailors shall
file with the clerk Of the court Of the
county in which he resides the proper
evidence Of his service in the Con-
federate war: Provided further, that
no partnership shall exist in any such
business or profession with any per-
son not a bona fide soldier or sailor OF
the said Confederate states"
THE defendant was tried In the
mayors court upon the charge or
running a beef market and grocery
store without license. He pleaded
that he was exempt from the payment
of a license tax under the provisions
of said act. The mayor ruled that the
statute was unconstitutional and i'm
posed a sentence upon the defendant,
from which he appealed to the circuit
court"
After citations from the constitution
Of this state and many cases bear
ing on the subject the decision con-
cludes:
''The statute hereinbefore set out
shows upon its face that 1t denies to
those not included within its provis-
ions the equal protection Of the laws.
It provides only for soldiers and sail
ors who enlisted from this state and
were honorably discharged, but ig-
nores the veterans Of other wars, as
we'll as those soldiers and sailors of
the Confederacy who enlisted from
other states and were honorably dis
charged. In fine there is not a single
feature of the act upon which a clas-
sification can be based without VIOLA
ting the provisions of the state and
federal constitutions.
1T is the judgment Of this court that
the judgment Of the circuit court be
affirmed.