The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1906-01-19
The BRICE LAW
IS
lis Declared Constitutional by the
Supreme Court.
---T
DECISION SWEEPING
In rts Effects. The Only Part Of the
Antl.Dlspensary 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 CT tho State SUI
preme court. The dlspensarles kept
open by Injunction must be closed
hereafter and prohibition will prevail
In all Of the northwest portion Of the
State, from E]geAeld to the North
Carolina line, except 10 Abbeville c un
ty, where no election has been held.
Tue cases arl ued before the supreme
court last Monday were d, c ded Fri
day and the court deorees that the
law, ia constitutional with one excep
ti0D, and that may be eliminated with
out affecting the law itself. Thu excap
tion, singular to relate, Is the rider
which was put on the BricG bill by
the dispensary p ople, the clause which
provides that counties voting out the
dispensary shall have no participation
In the surplus school fund accumula
ted from dispensary profits.
The State Of South Carolina, In
the supreme conrt, N.vember term,
1906:
w. w. Murph, petitioner, against
b. G. Landurm ct al, respondents.
Louis b. Oox, petitioner, against
James Hodges ct al, respondents.
Joseph w. Coward petitioner, q.
gainst j. III. Blackwell OF al, rcspon.
dents,
John A Weir, petitioner against 4.
. p! Walker ct al respondents.
n Robert e. Lyon, petitiouer,
against t. III. Burriss ct AL, respon,
dent.
Plckens County, petitioner. against
A. w. Jones, as comptroller general,
respondent.
Oconee County, petitioner, against
Z a. w, Jones, as comptrolles general,
respondent.
Adam L. Aull, petitioner, against
a. w. Jones, as Comptroller general,
respondent.
lii each OF these cases brought In
the.origlnai Jurisdiction of this court
I sthe tions sis aised ag to the con.
- IS 4 Is lps
KIlOWa Dis She Bfices a6G, approved'
y Feb, %, 4 99a amending section Z Of
5the general dispensary law, approved
March 6, 1896.
After careful consideration this
court Is of the opinion that tsaid act is
not unconsti utional on any of the
grounds alleged except In so far as
aaid Brice act declares that any
county voting out q dspensary shall
not thereafter receive any part OF the
surplus that may remain Of the dis
pensary school funds after the def.
clencies in tie various county
tchool funds have bcel mlde up
as provided by law" While the
court considers this provision uncon
stitutional, the court Is Of the opin.
ion that 1t Is separable from the re,
malnder Of the act and that said act
stands as constitutional with this
provision treated as str cken out.
This conclusion ren ders 1T noceess
ary to set aside the temporary injunc.
tion granted in the first five above
entitled cases restraining the closing
Of the d!speDsaries 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
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 filed.
Y. j. Pope, G. j.,