The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1912-06-26
NEAR-BEER SALOON
GRANTED INJUNCTION
CONTINUED from Page one.)

seized and confiscated whenever re-
ceived
Fourth. Plaintiff is informed and
believes that it is the opinion of the
City Attorney for the said City and
also the Mayor of the said City of
Laurens that ii is against the law and
ordinances of the City of Laurens to
sell any drink containing alcohol, ev-
en- though the per cent is not sufficient
to cause intoXication il drank to ex-
cess, and, acting upon that opinion
and that advice, the defendant City of
Laurens, through it's properly con-
stituted officers have instructed the
police force to arrest and bring be-
fore the Mayor for trial any and all
parties offering for sale within the
incorporate limits Of the City of Lau-
rens any drink containing alcohol, re-
gardless of whether it will intoxi-
cate If drank in excess, and to con-
tinue to prosecute any such person
for any sale that he may make thereof
Fifth. Plaintiff alleges on informa-
tion and belief, that he has a right to
sell "near-beer" or any other bev-
erage not containing sufficient
amount Of alcohol to intoxicate If
drunk to excess, just as he has the
right to sell soda water or other soft
drinks; that the said beverage is
harmless; that IL there is any ordi-
nance in the City Of Laurens, which
coll nrin oil off IL
is null and void, since it is in viola
tion Of and inconsistent with the sta
tute law of the State; that to prevent
him from selling said drinks and bev-
erages (not intoxicating if drunk to
excess, but containing alcohoD is to
deprive him of his property rights,
and to prohibit the trif1ic in a legiti-
mate article of comm cree, so recogniz-
ed by the laws of the said State, which
right is guaranteed to every citizen
under the Constitution of the State,
and of the United States of America;
becausethe ordinance is contrary to
and in conflict with the Act OF 1909
known as the Dispensary Law. and
also in violation Of Section Eleven,
Article Eight, of the Constitution of
South Carolina, because the ordinance
is unconstitutional and conflicts with
the laws Of the State, in that it seeks
to confisticate and seize the property
of citizen without authority Of law,
delegated or otherwise.
Five A. AS further basis for this
action and further ground for test
ing the validity of any ordinance of
the City of Laurens which makes the
sale of any beverage not containing
sufficient quality of alchol to in
toxicate II drunk to excess, plaintiff
alleges, upon information and belief;
that such ordinance is in excess of the
police power Of the said City of Lau-
rens, that 1t Is not necessary for the
health, peace, order or good govern
ment Of said City, that 1t is unrea-
sonable, that It Is not In harmony with
but repugnant to the Statute law and
public policy of the State Of South
Carolina governing the manufacture,
sale, etc, of liquors containing alcohol.
Six. That by reason of the prem
ises set forth in paragraphs three and
four herein plaintiff is prevented from
asserting and preserving his legal
right; would be harassed with null
tiplicity of prosecutions, and an ac-
emulation of fines and imprison-
ment, should he undertake to contin-
ue his business that irreparable in
jury is being done him by reason of
the discontinuance OF his business,
loss of trade and custom, expense in
maintaining his establishment, loss of
employment in his business upon
which he is dependant, and the loss
in value of his stock which he is for
hidden to sell.
Seventh Plaintiff alleges upon in
formation and believed that he has
no adequate remedy at law for the as
sertion and preservation of his legal
rights except by Injunction
Wherefore plaintiff prays judgment
against the defendants City OF Lau-
rens, Mayor and w. S. Bagwell, Chief
OF Police:
/. That the said defendants be en-
Joined from interfering with the plain
tin In the sale of any beverage which
IL drunk to excess will not produce
intoxication, the sale of which is not
in any other respect illegal, and that
the said defendants, their agents and