The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1909-08-11
Wednesday, Aug. II, 1909.
Election BombsheH.

The dispensaries throughout the State
closed their doors last week preparatory to
the election which comes of on August the
18th.
Since the closing Of the dispensarles certain
LAWYERS of Charleston have found a flaw in
the law which knocks 1t into a cooked hat.
The Constitution Of the State says that the
heading of an act must contain the subject OF
the act. Here is the heading OF the act IL
question:
IAN act to prohibit the manufacture, sale,
barter, exchange. giving away TO induce
trade. the furnishing At PUBLIC plaSes or 1inons
or malt LIQUORS or beverages, or other liquors
or beverages by whatsoever name called
which II drunk TO excess will produce lntoxl-
cation, except for sale or alcohol In certaio
cases upon certain conditions, and except the
sale of wines for sacrameltal purposes, ano
to provide penalties for the VIOLATION
thereof"
II will be noticed that no mention Is MADE
in the above heading 10 voting in or out OF
the dispensaries. These gentlemen from
Charleston claim. therefore, that the act Is
unconstitutional. A day has been set Tor a
hearing and We will soon know what the
court thinks about the matter.
II they take the view that that part OF the
act not mentioned in the heading does not In
validate that part OF the act mentioned. then
the State finds itself q prohibition State 10
toto and no dispensary election will be held.
II on the other hand the court concludes
that the act. being In part uncorstltutlonai
ia all unconstitutional, then the dispensaries
find themselves In the same condition IN
which they were before the convention OF the
last Legislature.
Because an act is wrong In part, is 1t all
wrong; or, can an act be partly constitution
al and partly unconstitutional? On the an
swer Of these questions depends the issue Of
prohibition or dispensary. In either event
? it seems that there will be no election tnls
year on the question. The court has ordered
that the commissioners go TO no further ex-
pense in regard to the election and that OF IT.
self ia a straw which showst the way the wind
is blowing.
1t is not known, of course. what the court
will do. Some think that 1t will consider
that part OF the act mentioned in the heading
as constitutional and preclude the part not SO
mentioned. Others think that an act. which
should be a unit in itself, cannot be partly
constitutional and partly unconstitutional
that the court will not allow such an act to
20 on the statute book.
What we wish to know Is, who wrote this
act. and whether or not there be method In
his madness. Sometimes a man is not hall
80 crazy as he seems to be and such may be
the case in this instance.
1t is to be hoped that the omission In the
head Of the act was merely an oversight.
People generally like to see justice done and
nobody in this county wishes to see either
side win by a trick.
The people wish to settle 1t with a vote. and
should these lawyers win on their contention.
they will be disappointed. Neither side
wishes to gain their contention by a trick or
vile, and at the first opportunity they will
have:the election. II may be postponed, but
it will come and no politician will be able to
keep 1t from coming when the people have
agreed that they want it.