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LIQUOR LAW UNASSAILABLE. The Hightcst Court In The Lant Upheld Old Dispensary System. News and Courier. Columbia, Sept. 17,?Oti account e> certain iut iniatiem.s in tin; decision o the court of appeals in the ease o Fle-ischinann against tin: d'eqie'iistir; eommision, concerning the Slate ?'r< pensarv system, il lias been surest ed that t.lio courts might declare tin county dispensary system unconstit.n tional, hut an examination of the de eision and of former decisions does rot support that idea. So far as the constitutionality o! the. county dispensary system is eon eerncd it is uneloubleelly on tlie same footing ns the old State dispensary system. It is provided in the eonsti tution of the State that liquor shall he sold in this State only by the Stat( or by parties licensed by the legislature, and in) such thing as a 'county dispensary is in reality possible, Therefore in establishing a system to be conducted by the counties il was necessary lo declare that the business should lie conducted in the name ot lie Stale, and that provision is in the county dispensary law. But the supreme court of Ihc United Slates has passed squarely on the constitutionality of the State dispensary system, and in the celebrated case of Vaiulercook vs. Vance, the "original package" case, I he federal supreme court held that in its exercise. of the police power the Slate of South Carolina has the right to monopolize the sale of whiskey. A year or more ago Mr. 0. Duncan Bellinger, formerly attorney general was called 011 to settle, a dispute between two gentlemen of this city ii regard to the effect of the decisior of the supreme court in the Vaiulercook case, and his conclusions are perhaps the most succinct and exact ^talcnient of the ease on record. Mr Bellinger was entirely familiar will the dispensary law and its history ha vim: been attorney general when he law was in litigation, and his fit diiiL's iii tlii< case will be of par ie-ular interest at I his l ime. After reviewing llie decision am quoting port ions of it hi* said: "My conclusions are: "(a) That the court considered thai the complainant, in order to oblaii the prayer of his bill, made Ihrct contentions: fiisl, that there were ''provisions in the dispensary act which. 011 their face, amount to dis crimination, and therefore render tin act void;' second, that il was a violation o 1 the constitution of the Unit ed Slates to confer upon Stale olli eers the power to buy all liquor: which are sold in the Stale and for bid the sale, even in 'original pack ages,' by any other person; third that particular restrict ions in the ac imposed, as to importation of liquor for personal use, are unconstitutional This last is too 'narrow in ils pur pose' to atVect more than the 'partic ula.' restrictions/ hut the court declares that the first two contentions go to the whole statute, and, therelore, if well taken, render it void as an entirely.' ''(b) The court decides that if il i> uiiconsi it ut ional to forbid the sale, by private parlies, of liquors in tin original packages il can only lie because the acl regulating the sale of liquor generally is unconst it ill ional, inasmuch a> by I he act of congress, 18H0, 'the restrictions and regulations of Slate laws become operative 011 I he original package1 before* the sale tliereof, and therefore such packages canned he sold if the State law forbids the sale, or can be only so sold in the manner and form prescribed by the! Slate regulations.' "(c) The court argues and concludes it is not unconstitutional t?i pvevent the sale in orginal packages by either than State officers, because such prevention is the effect of the inhibit iem of the act. whiehit self 'is but the execution of a power lawfully vest eel in 1 lu* legislature of the Stale.' (p. -M7.) "(el) While the court eleclareel the 'particular re-st rid ions' void, as restricting tlit' free importation of li quors for pcrsenial use, il decides I ha the* vice does not extend to llu* whoh act, but is so separable from il as t< be eliminated and leave the genera provisions effective under the cemsti tution; as is shown by lite court' dissolving tho injunction against th seizure of liquors stored fen* sale i violation of the terms of the elispet sary act. "Therefore, in my opinion, th United Stales supreme court, in 111 ,case cemsielercd. did declare that tli dispensary act is constitutional. "G. Duncan Bellinger. "Columbia, S. C., March 20, 1907. 'I lie decision of I lie court of appea docs not pass on, but inerclv louclu I upon, the rig hi of the Stale- to ci gage in business, particularly tl whiskey business. The, decision sa^ that in the "conception and adoptic of the 11 th amendment it never ei f tered tlie mind of the trainers of tl f constitution that a sovereign Slul f would engage in a husines us liqiu dealer, ami become a trader by bu; in? and- selling an article of comnui - traffic in competition with the cil [5 xen# of the country," but the com goes on to say 'that to pass on th - point "is not necessary to the disp< < sition of the case, and then we hav no authority in point to guide us." f However, it will be recalled that i - ",c celebrated Vandereook case, t.li . "original package case," has suprem - cm?m of the United State* Mistnine . (lie supreme court of South Carol!in [ <ind dif tered Irom the opinion o . Federal Judge Siinontoii, and hel . that the Slate of South Carolina i ' the exercise of its police powers ha , I lie constitutional right lo monopolix , the whiskey business, and in fact th i court of appeals in the Fleisehman ; decision is in error perhaps when i refers to (he traltie in whiskey ;i i buying and selling "an article o common Irnflic," for the courts hav , |u*'(l j'we and again that the traffi ( in whiskey is different from the traJ fie in articles or ordinary commcrci and that in the exercise of its polic , Powers the State has the right t I prohibit that trafHce altogether. The point is also raised that if th . State in its sovereign capacity eoul . not, engage in the liquor busincsi then il could have been sued for th claims against the State dispensar 1 and that, furthermore, since the com l.v dispensaries are run in (lie nam ??f I lie State, the State can be sue 1 lor the claims against them, llov ' ever, the liability of the State in r< spect to the county dispensaries i expressly limited by the act undc which the contracts of the county dii pensarics are made. In Section ti ( ' ( '"thran act it is stated "The members of the said count 1 board are hereby declared lo he com ; l.v oiliccrs, and are herebv anthori; ed and empowered, under the author iy and in the n?mc of this State. I I buy in any market and retail wit hi I lie Slate liquors and beverages," c| but il is provided that "the St at ( shall not be liable upon any contra< t | 'or the purhase thereof beyond tl , :,('lyal assets of the dispensary Pf , which the purchase is made." Also a Traveler. > A distinguished traveler and wj - correspondent on a lecture tour i Scotland spoke one night at. a litt - village four miles from a railwa a slat ion. The chairman of the occasion, a ier introducing the lecturer as "tl I moil wlia's come here tae broadc * oor in I elects," said that he felt tin a wee hit prayer would not he out < place. "And, () Lord." he went on, "p ' in lac the heart ??' this moil hi . speak the truth, the hale truth an naethiiig Inn the truth, and uio i . grace tae uuderstau' him." WOOD'S SEEDS. if Best qualities obtainable. I Winter or c Hairy Vetch f makes not only one of the largestyielding and best winter feed and forago crops you can grow, but is also one of the best of soil-improvers. adding more nitrogen to the soil than anyiotbor winter crop. Wood's Descriptive Fall Catalogue gives full information ! ^boutaMothoVr0'Uabl0 cn "'SO Farm 6 Garden Seeds ; for Fall planting. Catalogue r* mailed free on request. Write i , for it. I T. W. WOOD & SONS, Jj Seedsmen, Richmond, Va. fyf !> registration notice. > | Notice is hereby given that t ~ l>Tooks of registration for the town 0 Newherry. S. C., will be open on Tuc n (hiy, September 8tn, 1008, and the u dersigned as Supervisor of Kegisti tion for the said town', will keep sa books open every day from nine <> M. until five I'. M. (Sundav excepte ie including the first dav of Deccmlx ic 1008. Eugene S. Worts, Supervisor of Registration. td. Is * AN ORDINANCE. . . ti- Fixing (lie rate and prescribing 1 In ie time for (ho payment of town taxe: ,'s for the year 1908. >n HE IT ORDAINED by the mayo i- and aldermen of the Town of New ie berry, 8. C., in council assembled am le by authority of the same: ? That for the purpose of raising j revenue and in the exercise of tin ,? taxing power of said town, the fol i- lowing taxes are hereby levied fo ft tlio fiscal year ending December 31st is 1908, upon all real and personal pro )- perty within the corporate limits o 'c said Town (except such as is exemp from taxation under the constitutioi ? and laws of this State) upon tin [0 valuation thereof as assessed for tax lG at ion for county and State purposes d viz; i Sect ion l.#Tbat a tax of sixty cent! ^ on each one hundred dollars of rea (| and personal property within the cor n porale limits of flu* Town of New berry in I he State of South C'aro c Una (except sueh a.s is exempt fron (1 taxation under (he constitution ant n laws of this "State) is hereby leviet Ij. for the purpose of raising a revenut lS to defray the ordinary expenses ol said Town for .the fiscal year end (, ing December 31st, 1008. (> Section 2. Thai a tax of three [> fourths of a mill on each dollars ^ worth of real and personal property '0 within the corporate limits of tin o Town of Newberry (except such a< is exempt from taxation under th< e Constitution and laws of this State] j is hereby levied for the purpose o: , raising a revenue to defray the bond y ed indebtedness of said Town for th< , Opera House. Section 3. That a tax of two and i e half mills on each dollar's worth o: (1 real and personal property withii _ the corporate limits of the Town o Newberry (except such as is exemp js from taxation under the Constitutioi it' ai,d laws of this State) is hereby le vied for the purpose of raising i revenue lo pay the interest on ant |; create a sinking fund for the bontlet v indebtedness of said Town for tin i_ Water Works and Electric Lierhl Plant. i- Section -I. That a tax of one mil o on each dollar's worth of real am n personal property within the. eorpor c. ate limits of I lie Town of Xewberi" e (except such as is exempt from taxa ?t lion under the Constitution and law ie of this Stnle) is hereby levied for tli ?r purpose of raising a revenue to pa; llie interest of the bonded indebted ness of said Town for the Scwcrag System. (l. Section f>. That all tnxes hereii n imposed or levied shall he paid t the said Town of Newberry in law ful money of the United States, be I ween the fifteenth day of Octobei f 1008, and the fifteenth day of No vember, 1008, and a penalty of tei ( per cent, is hereby imposed upon am shall be added to all taxes in arrears Section 0. That execution issue ac I cording to law for the collection o . all taxes, fines or penalties past tin (i and unpaid for fifteen days, and tli cost of said execution. IS Done and ratified under the coi porate seal of the Town of Ncwbern in the State of South Carolina, tlii ? I lie second dav of September, A. D . inns. J. <T. Longford, Attest: Mayor. Eng. S. Worts, Clerk and Treasurer. J NEWBERRY UNION STATION. Arrival and Departure of Passengc ;\ Trains?Effective 12.01 A. M. Sunday, June 7th, 1908. Southern Railway: No. 15 for Greenville .. ..8.57a.n No. 18 for Columbia .. ..1.40 p.n No. 11 for Greenville ..'..3.20 p.n No. 1G for Columbia 8.47 p.n 0., N. & L. Ry. No 85 for Laurens 5.19 a.n No. 22 for Columbia .. ..8.47 a.n J No. 52 for Greenville .. 12.56 p.n r No. f)3 for Columbia .. ..3.20 p.n / *No. 21 for Laurens .. ..7.25 p.n f *No. 84 for Columbia .. ..8.36 p.n ' * Does not run on Sunday Phis time table shows the times f ^ which trains may bo expected to d? part from this station, but their d. parture is not guaranteed and tl time shown is subject to change witl out notice, he Q. L. Robinson, of Station Master. !s- * n- Just Exactly Right. a- * id "T have used Dr. King's New LiJ A. Pills for several years, nid find the d) just exactly right," s:i,s Mr. A. j ?r, Felton, of lTarrisville, N. V. Ne Life Pills relieve without (he lea. li < out i. Pest rei ledy for const pntion, biliousness and malaria. 25 at W. E. Pelham & Son's durg stor : GENTRY FAMOUS 9 : Satur 1 Septen : 1 ANIMAL iMHBBDBnMBHHnBnMBBBMHBBBBBH ; The Great Ste f The Corned^ % f ) ! M'selle De Oesch?I j ft HERD OF PERFQRI 2 PERFORM ; Rain or e : School S ;; Tablets, Pencils, rl - Paper e 1 e Broaddus s Come to BROA1 to get Pencils, Pa Straps, or 25c. w * ticle and get Sate JBest the World Affords. C "It gives me unbounded pleasure 3' to recommend Bucklen's Arnica Salve," says J. W. Jenkin*, of Chapel fl' Hill, N. C. "I am convinced it'? Hie . a" best salve the world affords. It cured a felon on my thumb, and it never . a* fails to heal every sore, burn or a" wound to which it is applied. \ at . W. E. Pelham and Son's durg stare, T n. I n. / lt VERY LOW RATES. / T it To Denver, Colorado and Return via ^ s" Southern Railway. ^ On account of the Annual Conv'cn- ^ 10 lion, American Bankers Association, 1- the Southern Railway announces at- t tractive low round trip rates to Den- ver, Col. Tickets to be sold daily un- 'J til September 30th, 1008, good to ^ return leaving Denver not later than I October 31st, 1008. For rates, dotnils, schedules, etc., p Ee apply to Southern railway ticket c in agents or, r V. J. C. Tiixsk, w Division Passanger Agent, bt Charleston, S. C. i- J. L. Meek, c. Asst.* Clen. Pass. Agt., o. Atlanta, Qa. BROS. SHOWS day, iber26 ACTORS m ines Troupe. y Weylers. Jueen of the Air. flING ELEPHANTS. DANCES 2 Shine. upplies. Crayons, Etc. & Ruff. DDUS & RUFF per, Pens, Book orth of any ar:hel free. !HARLESTON & WESTERN OAROLINA RY. -Schedule in effect May 31, 1908. 'V. Newberry (C N & L) 12:56 p.m. ir. Laurens 2:02 p.m. Laurens (C & W C) 2:35 p.m. Lr. Greenville 4:00 p.m. iv. Laurens 2:32 p.m. ir. Spartanburg 4:05 p.m. iv. Spartanburg (So. Ry.) 5:00 p.ra. ir. ITendersonville 7:45 p.m. Lr. Aslioville 8:50 p.m. iV. Laurens (C & W C) 2:32 p.m. Lr. Greenwood 3:32 p.m. Lr. MoCormick 4:33 p.m. iv. Augusta (5:15 p.m. Tri-Weekly Parlnr. Car lino bcwcen Augusta and Atheville. Trains Tos. 1 and 2, loave Augusta Tuesdays, Thursdays and Saturdays, leavo Lsheville Mondays, Wednesdays and Fridays. Note: Tlve above arrivals and de artures, as well as connections with itlier companies, are given as information, and are not guaranteed. Ernest Williams, Gen. Pass. Agt., Augusta, Ga. Geo. T. Bryan, Greenville, S. C., Gten. Agt. / / ^ ? > 3ALE OF PERSONAL PROPERTY* TL By order of the Probate Court we 3^ kvill sell at the residence of Mrs. Ella 5 [. Boyd, Newberry, S. G., October I* * L908, at 10 o'clock, the personal \ property of the estate of T. S. Duncan, deceased, consisting of parlor t furniture, bedding, bedroom furni- J tare, trunks, writing desk, books, etc. .. } Terms: Casii. ' '< W. .A. Dunn, S. M. Duncan, 2t Administrators. i VERY LOW RATES \ * To Lexington, Ky., and Return via Southern Railway. Account 28th Annual Session, National Baptist Convention, the Southam Railway announces greatly reduc- \ ed rates to Lexington, Ky., and re- i turn. Tickets to be sold September 13th, 14th and loth, good to leave Lexington returning, September 23, L908. j The Southern Railway has been selected as the "Official Route" first class coaches will be provided and leave Columbia 7.05 a. in., Tuesday, September 15th, via Spartanburg, Asheville and Knoxville, arriving Lexington the following morning. For rates, tickets, etc., apply to Southern Railway ticket agents or address J. C. Lusk, Division Passanger Agent, Charleston, S. C. j l J. L. Meek, . I | Asst. Gen. Pass. Agt., ; a: Atlanta, Ga. . | It Can't Be Beat. f ?- I The best of all teachers is cxper- $ ience. C. M. Harden, of Silver City, ^ North Carolina, says: "I find Electrie Bitters does all that's claimed ' for it. For stomach, liver and kidney troubles it can't be beat. I have tried it. and find it a most excellent medi- >1 cines also *for weakness, lame back, and all run down conditions. Best too for chills and malaria. Sold \\\\ dor guarantee at W. *E. Pelham and ? Son's durg stove. 50c. tt SPECIAL SUMMER EXCURSIONS i Via Southern Railway. SI Extremely low round trip week-end S excursion tickets are now on sale for H all trains Saturdays and for Sunday morning trains only, to Isle of Palms, fl Tybee; also to many attractive moun- fl tain resort points, from principal H stations in South Carolina. Tickets w good to return until Tuesday follow- H ing date of sale. Also special Sunday excursion rates B from Columbia, Augusta and inter- fl mediate stations to Isle of Palms and H For details, rates, etc., apply to ra Southern Railway agents, or ^ J. C. Lusk, j|y Division Passenger Agent, w Charleston, S. C. II J. L. Meek, fl Asst. Gen. Pass. Agt., B Atlanta, Ga. H BLUE RIDGE SCHEDULES. M Eastbound. fl No. 18, leaves Anderson at 0.30 a. ' S m., for connection at Bclton with fl Southern for Greenville. jig No. 12, from Walhalla, leaves An- S derson at 10.15 a. m., for connection H at Belton with Southern Railway for fl Columbia and Greenville. No. 20, leaves Anderson at 2.20 H p. m., for connections at Belton with H Southern Railway for Greenville. 9| No. 8, daily except Sunday, from Walhalla arrives Anderson 6.24 p. m m., with connections at Seneca with fl Southern Railway from points south. No. 10, from Walhalla, leavos An- fl derson at 4.57 p. m., for connections fl at Belton with Southern Railway for Greenville and Columbia. fl .Westbound. No. 17, arrives at Anderson at 7.50 n a. m., from Belton with connections n from Greenville. tM No. 0. arrives at Anderson at 12.24 |jg p. m., from Belton with connections H from Greenville and Columbia. Goes to Walhalla. 9 No. 19, arrives at Anderson at 3.40 IjHj p. m., from Bolton with connections H from Greenville. M No. 11, arrives at Anderson at fl 0.29 p. m., from Belton with con- H nect.ions from Greenvillo and Colum- 11 ISia. G063 to Walhalla. II No. 7, daily except Sunday, leaves vl Anderson at 9.20 a. m., for Walhalla, II with connections at Seneca for local B points south. |9| Nos. 17, 18, 19, and 20 aro mixed B trains between Anderson and Bclton. ?3 Nos. 7 and 8 are loenl freight B trains, carrying passengers, botween H Anderson and Walhalla and botwoen B Walhall# and Anderson B