The herald and news. (Newberry S.C.) 1903-1937, September 22, 1908, Image 6
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