The herald and news. (Newberry S.C.) 1903-1937, November 10, 1905, Page 14, Image 6
HARD ON PATENT IODICINES
If You Need a Tonic, a Doctor's Pre
scription Must Be on Hand
Orders Are Sent to Con
stabulary.
'ColumbiU, November 2.-One of
1e most important orders ever is
sued the ccnstabulary force was made
:public today by Chief Constable Ham
mekt. The circular puts about thirty
beverages 4nd patent -medicines out
of business in this state unless they
are sold on prescription, and all ciders
are also put .on the 'tabooed list. The
medicines and ciders were analyzed
by the state chemist and the spirit
-proof of all of -them are given in the
circular Which is as follows:
To division chief constables and
members of the constabulary: I am
handing you below a list of patent
-medicines and other goods which are
being sold in this State and which
have been analyzed by The State
Chemist. From his report I find they
are. strongly alcoholic and under .the
law of South Carolina cannot be -hand
led except as provided by the law.
Reputable licensed druggists are per
mitted to dispose of them upon pre
scriptions, but not otherwise and you
are hereby authorized 'to make seizure
oof same wherever found when you
-can satisfy yourselves that they are
being used as a beverage.
Sections 555, 574 and 6o6 of the Dis
pensary law will amply post you and
from them you will obsqrve that drug
.gists cannot legally sel these goods
except upon a prescription from a
pacticing physician and it can be giv
en only -to bona-fide patierrcs.
Name of Goods. Spirit Proof
Maltine. .. ............ .. 3.20
jDr. Jules Celery and Pepsin Ton
tic.. . .. . - .. - -- - --90-00
Backber'ry Bounce (Jones Bros) 13.00
Blackberry Bounce (0. L. Greg
ory Vin Co.)... ... .....5
Ctawba Bounce .. .. .. .. .. ..26.40
Blackbirry Nectar ..T..0..0.-..0
0herry Phosphate. ...-----. 10-00
OCuban Gingeric ............61.io
Meruna.. .. .. .. . . . . . . ..51.00
Tostetters St.omacth Bitters . . . .82.oo
Gee Wiz (about) .. ..........2.0o
Pabst Malt.... .... .... .....12.20
Prt o. Tonic.. .... .......2320
Eureka Kidney Cure....... 5970
- Williams Kidney Cutre.... ...-.- 50-o
TDeWitts Stomach Bicters .. .. 65.20
Mexican Beef Wine and Iron .. 12.oo
'Daniels Grape Juice.. .... ...12.25
Non Alcoholic Low grade (about) 2.0o
Blackberry Phosphate (0. L.
'Greg- V. Co).-.-..-.--.-..-.-17o
'Beerine, S. Becker........ .170
Wurtzburger Mat...... ..-1000
*?eruvia...............-.--...-- . - 4530
Atwoois~ LaGrippe Specific .. 62-30
'Wild Cherry Tonic .... ..-.- 37.00
dheckers..:. .. .... .....-.58.50
Peach Phosphate .... .......17.60
Curacoa Tonic .... .....-.--56.20
Heintz Cura-tive Bitters.... ...43.00
T. 'X.L. Bitters......... -..-5250
Walkefs~Tonic .. .... .......-3950
Sizem-ores Aromatic Elixir Ging
er........ ..........---.- --- 56.40
-I want:to call your attention to the
iact that all ciders are alcoholic.
Ylhis is -necssary to tiheir preserva
iion. Consequently cider of no kind
an he .sod
U. B. H.ammnett.
Chief State Constabie.
~JUDGE KLUGH'S DECISION.
The Reasons for Refusing Injunction
Against Dispensary Election in
Spartanburg County.
'The State.
Gaffney, November 7.-In declining
a grant the injunction against the
-dispensary 'election in Spartanburg,
at the 'hearing 'here yesterday, Judge
Kl(ughi said:
'Altis- motion is based on the
-grounds, first, that no petition has
~ever been filed with the supervisor
signed by one-fourth of the qualified
voters of Spartanburg county; second
ly, that the act authorizing the elec
tiona is unconstitutional. I will dis
cnss 'the second griound -first.
"This act has a proviso to it wNIhi
provides -for .a levy of taxes inx order
~to raise a revenue for the purpose of
enforcing what is commonly known as
th-e dispensary law, if the dispensary
is voted out of Spar'tanburg county.
The main lobject of this law is not for
-raising revenue but provides for the
sestablishing of or removal of dispen
saries, and the provision of the act
-uiic provide for or cnntemplates
BUG(
We have the most
see them before buyin
stock of Harness on h
ROBE!
Our winter Robes I
QDuatti
the raising -of revenue is a subordi
nate matter. It is not 'the purpose of
the act lbut is subsidiary to the main
purpose -or subordinate to it. I think
that view would be sufficient to war
rant -che court in holding that the po
sition is not well taken .as to the un
constitutionality of .the act.
"But furthier than that, it is well
settled, so much so that it may be
said to be familiar, that an act that
is constitutional in part of its pro
visions and unconstitutional in othei
parts will not be declared to be void
in toto unless the constitutional part
of the act is so 'dependent upon the
part which is unconstitutional, and
will become meaningless unless the
unconstitutional portions of the acl
were sustained. In this case the act
seems 'to provide means for ,the es
tablishing or removal of .the dispen
sary, and then -the second portion o:
the act Which provides for the raising
of revenue for the purpose of enforc
ing the general provisions of the dis
pensary law in reference to -the salc
and handling of liquior. Now I don't
see that one part of this act is depend
ent upon the other. It seems to me a
provision for the establishing or re
moving dispensaries may be sustained
and may stand by -itself without ref
erence to.the provision for the punis'h
ment of violators of -the .dispensary
law, 'or without reference to tlhe pro
vision of the.'act for raising revenue 4.C
punish or enforce tihe observance '0
the dispensary law. So that on either
ground it seems to me t'hat the ele
.tion cannot~ be enjoined on account
of nullity or uncons-titutionali'ty of the
law. I agree that the ease cited from
the supreme court of th'e United States
is not directly in point. It would be
direcely in point if 'these were pro
ceedings restraining a levy or collec
tion of taxes under this act but thal
seems not to be the question. If'the
A Daredevil Ride
often ends in a sad accident. To hea
accidental injuries, use Bucklen's Ar
nica Salve. "A deep wound in m:
foot, from an accident,'' writes Theo
dore Schuele, of Columbus, 0 , "cause<
me great pain. Physicians were help
less, but Bucklen's Arnica Salve quickl:
healed it." Soothes and heals burni
alike magic. 25c. at W. E. Pelham 85
Son's druggist.
A good many people are like litt<
birds in a nest. When yo~u praise then
they lie still with their mouths widt
oen for more.
Frightful Suffering Relieved.
Suffering frightfully from the viru
Jlent po&sons of undigested food, C.~G
Grayson, of Lula, Miss , took Dr. King'
New Life Pills, with "the result," h<
writes, "that .1 was cured." All stom
ach and bowel disorders give way t<
their tonic, laxative properties. 25c
at W. E. Pelham & Son's drug store
guaranteed.
Dr. Woo~lgey users of morin
PAINLESSo Iu, lapiaum
large book of par
.rIu ticulars on home o
sanatorium treat
menit. Address, Dr
AND B. M. WOOLLJEY
Whiskey Cursedta.a,"*iorl~
* No Need
* When you en'
* scription worki
* best, prepared
* Pharmacists at
* ~ PELHAMV
*W holesale an d
* Newber
complete line of Buggi(
g and we will save you
Etnd and coming.
3! ROI
iave been received and
ebaun
'P ROSPF
dispensary should be voted 'out an
-the tax authorities seek to levy or col
lect taxes, then it might be that thi
plaintiff or any other taxpayer coul
make that question and it would be
question properly up for discussior
but it seems to me it is not the infer
ence of this enquiry as to whether tha
provision of law is consitutional or un
constitutional, because if it be ur
constitutional it doesn't vitiate th
other portion of the act, which prc
vides for the removal of the disper
saries.
"That disposes of the unconstittL
tional feature of this case. The oth
er is one of fact. The plaintiff allege
that this election is about to be hel
without warrant of law, in othe
words, alleges the absence of compl'
ance with the statutes upon part <
the authority whi-ch ordered the elec
tion, the county supervisor. Now, tha
looks like alleging a negative but i
reality it is not. It may allege a nez
ative state 'of things but alleges
nullity of the proceedings and the bul
den is upon the plaintiff to establis'
that, just as much so .as upon an
other plaintiff in any other case wh
bases his claim to the interference c
interposition of the court upon the a]
legations where those allegations ar
denied, as they are in this case. TI
Last Hope Vanished.
Whnleading physicians said the
W M.Smithart, of Pekin, Ia., had ii
curable consumption. his last hope vi
nished; but Dr. King's New Discover
for Consumption, ouhs and Coldi
kept him out of his grave. He say;
me, an samylife Sice then
~have used it for over 10 years, and cor
sider it a marvelous throat and lunx
cure." Strictly scientific cure fc
Coughs, Sore Throats or Colds; sur
preventive of Pneumonia. Guarantee<
50c. and $1.00 bottles at W. E. Pelhai
& Son's drug store. Trial bottle fret
It is stated .there is an exception t
every 1ule, but don't hope. you will b
!one to -rher ule of old age.
3 Cheated Death.
-Kidney troubles often ends fatally
but by choosing the right medicine, I
H. Wolfe, of Bear Grove, Iowa, cheate
death. He says: "Two years ago
had Kidney Trouble, which caused i
great pain, suffering and anxiety, but
took Electric Bitters, which effected
complete cure. I have also found thei
of great benefit in general debility ar
nerve trouble, and keep them constant?
on hand, since, as I fine they have n
equal." W. E. Fe ham & Son druggisi
guarantees them at 50e.
Only Seven Girain
Drills Lefi
They should be in the
hands of the farmers
must be.
Call Quick.
J. W. WHITE.
to Worry
trust your Pre
o us. The very
by competent
&SONS,0
etail Druggists,0
'ry, S. C.a
BUG(
3s and Surreys that you h
money and please you.
3ESI! RO
we can fill your wishes in
1& Lan
'ITY, S. C.
d burden is not upon the defendant re
- spondent to establish the fact that t
s one-fourth.of thie voters of the county <
d have presented their petition but the i
a burden is upon the plaintiff to show
I, that they have not done as alleged
here and The absence of fact he bases
t as his ground for relief. Well, the
-plaintiff, it seems to me, has failed
- to make any such s!howing as being
e evidence when it comes to trial of
this issue. It is evidence upon which
a rule to show cause -was issued and
upon which the court, even though
- it came at so late a time; it was only
because of 'the fact that a citizen of
s -the state alle'ges that -his right was be
d ing interfered with 'that I issued
r thie rule at this late day at all. I do
- not think it necessary for me -to re
f fer to the showing made iby the re
- spondent insomuch as it appears to
,t me that .the plaintiff has failed to es
n tablish the facts upon which he re
WE V
Y1
Every one to know that
ing new goods to our al
e nery, Dry Goods and I
e you may need in this lin
show you. Don't forge
SCloaks, Jackets, etc., f
children. Also send yoi
SPatterns.
Respectfully,
Mrs. S. W
Prosperil
* The Mone;
* together with th
* ity, goes with
r, *made at
PE LHA M
~ ReliableD
He loved the girl very much,
That was his business.
* She loved him just as well,
That 'e as her business.
They decided to be
That was their
/ They w
We have Boys' Suits for 75 cents up.
Men's Suits for $4 oo up.
Jeans for Pants from 15c. yd. to 5oc.
Shoes for the Baby, and Shoes for t
Ma anc
Hats for the Men and Caps for the B
Groceries without which no newl
can do without, andi
turnish you ti
Yours for 1
S. S. Bir
)IESII
ave seen. Come and
We also have a large
BES!E!
quality and prices.
gforcl,
ies in the ground of relief; thatE is
he absence of a requisite compliance
>f the staEute to hold an election: So
t seems to me the answer to the rule
s sufficient and the rule must be dis
:harged."
In an interview with your cor
respondent after the above proceed
ngs Mr. Sims stated that although he
iad been -temporarily defea.ted he
ould win, in the end,'that althoug1h
dhe election would come off and
Sparanburg would in all probability
ote the dispensary out, it would not
>e closed, as he would appear before
i supreme court justice and have an
njunction granted.
How many people are you "com
ortable'' with? Not very many prob
ibly.
When it comes to romance, the
cind found in books is very superior
:o the real thing.
/ANT
we are constantly add
ready big line of Milli
Notions. So anything
e we will be pleased to
t to come to me for
or ladies, misses and
ir orders for Butterick
.Calmes,
:y, S. C.
ys Worth, *
e highest qual- 0
every purchase
& SONS' '
0
rug Store.g
0
in uncemient!
maried,
business.
ill soon need -troceries,
Dry Goods, Furniture, Shoes, &c.
THAT'S OUR BUSINESS.
Men's Coats and Vests $2.50 up.
Pants from 75c. to $5.00.
Nice Calico for dresses 5c. yd.
lbe Boys and Girls, and Shoes fo.r
tPa./
oys, and above all, we have the
ly wed or old married couple
t's our business to
rese things.
>usess,
ge Co.