Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

LIQUOR LAW UNASSAILABLE. The Hightest Court In The Land Upheld Old Dispensary Sys tem. News and Courier. Columbia. Sept. 17.--0a account of certain itinmations in the decision of the court of appeals in the case of Fleiscbmann against the di-pensary commision. concerning the State li: pensary system. it has been suggest ed that the courts might declare the county dispensary system unconstit tional, but an examination of the de cision and of former decisions does r.ot support that idea. So far as the constitutionality of the county dispensary system is con cerned it is undoubtedly on the same footing as the old State dispensary system. It is provided in the consti tution of the State that liquor shall be sold in this State only by the State or by parties licensed by the legisla lure, and no such thing as a 'county dispensary is in reality possible. Therefore in establishing a system to be conducted by the counties it was necessary to declare that the business should be conducted in the name of the State, and that provision is in the county dispensary law. But the supreme court of the United States has passed squarely on the constitutionality of the State dis pensary system, and in the celebrat e' case of Vandercook vs. Vance, the f'original package" case, the federal supreme court held that in its exer cise of the police power the State of South Carolina has the right to mo nopolize the sale of whiskey. A year or more ago Mr. G. Duncan Bellinger, formerly attorney general was called on to settle a dispute be tween two gentlemen of this city in regard to the effect of the decision of the supreme court in the Vander cook case, and his conclusions are per haps the most succinct and exact statement of the case on record. Mr. Bellinger was entirely familiar with the dispensary law and its history, having been attorney general when the Irv was ir .itigation, and his findings in this case will be of par ticular interest at this time. After reviewing the decision and quoting portions of it he said: ''My conclusions are: ''(a) That the court considered that the complainant, in order to obtair the prayer of his bill, made three contentions: first, that there were 'provisions in the dispensary act, -which, on their face, amount to dis cerimination, and therefore render the act void;' second, that it was a vio lation of the constitution of the Unit ed States to confer upon State offi cers the power to buy all ,.liquors which are sold in the State and for bid the sale, even in 'original pack ages,' by any other person; third, that particular restrictions in the act imposed, as to importation of liquors for personal use, are unconstitutional. This last is too 'narrow in its pur pose' to affect niore than 'the 'partic ular restrictions,' but the court de clares that the first two contentions go to the whole statute, and, there fore, if well take-n, render it void as an entirety.' "(b) The court aecides that if it is unconstitutional to forbid the sale, by private parties, of liquors in the original packages it can only be be cause the act regulating .the sale of liquor generally is unconstitutional, inasmuch as by the act of congress, 1880, 'the restrictions and regulations of State laws become operative on the ori'ginal package before the'sale there of, and therefore such paekages can not be sold if the State law forbids the sale, or can be only so sold in the manner and form prescribed by the State regulations.' "(e) The court argues and con eludes it is not unconstitutional to prevent the sale in org-inal packages by other than State officers, because such prevention is the effect of the in hibition of the act, whichit self 'is but the exec-ution of a power lawfully vested in the legislature of the State.' (p. d47.) "(d) While the court declared the 'partie-ular restrictions' void, as re stricting the free importation of li quors for personal use. it decides that the vice does not extend to the whole act, but is so separable from it as to be eliminated and leave the general provisions effective under the consti tution; as is shown by the court 's dissolving the injunction against the seizure of liquors stored for sale in violation of the ter-ms of the dispen sary act. "'Ther~efore. in my oinion. the UTnited S-tates supre-me coufrt. in the dispenn-ry aer is couis:itutim-:al. "G. Duncan Belliniger. "Coluinai S. C. March 20, 1907.' ( e's llit pass ] 11. it Ii1(TI('V 1ut1Cl( u11) . 1te ri(g t ot the Stat' t en sage I in )usilless. )airtieularl y I Le whisker business. The deeision says that in the "conception and adoption of the 11th amendment it never en tered the mind of the framers of the constitution that a sovereaign State would enaein a bI)slnles as li(uor dealer. and become a trader by buy in' and- selliil' an article of (ommn traffic in eoimnpetitiol with the citi zens of the country," L at the court goes on to say that to pass on this point "is not necessary to the dispo sition of the case, and then we have no ~authority in point to guide us." However, it will be recalled that in the celebrated Vandercook case, the "original package case." has . apreme e'.ri of the Ui'ted State2 sustained the supreme court of South Carolina, and differed from the opinion of Federal Judge Simonton, and held that the State of South Carolina in the exercise of its police powers had the constitutioral right to monopolize the whisker business. and in fact the court of appeals in the Fleischmann decision is in error perhaps when it refers to the traffic in whiskey as buying and selling "an article of common traffic," for the courts have held time and again that the traffic in whiskey is different from the traf fic in articles or ordinary commerce, and that in the exercise of its police powers the State has the right to prohibit that traffice altogether. The point is also raised that if the State in its sovereign capacity could not engage in the liquor business, then it could have been sued for the claims against the State dispensary and that, furthermore, since the coun ty dispensaries are run in the name of the State, the State can be sued for the claims against them. How ever, the liability of the State in re spect to the county dispensaries is expressly limited by the act under which the contracts. of the county dis pensaries are made. In Section 6 of the Carey-Cothran act it is stated: "The members of the said county board are hereby declared to be coun ty officers. and are hereby authoriz ed and empowered. under the authori tv and in the name of this State. to buy in any market and retail within the State liquors and beverages,''ete, but it is provided that "the State shall not be liable upon any contract for the purhase thereof beyond the actual assets of the dispensary for which the purchase is made."' Also a Traveler. A distinguished traveler and* war correspondent on a lecture tour in Scotland spoke one night at a little village four miles from a railway station. The chairman of the occasion, af ter introducing the leet'rer as "the mon wha 's come here :.ie broaden oor intelects,'' said that he felt that a wee bit prayer would not be out of place. "And, 0 Lord,'' he went on, "pit it intae the heart o' this mo-n tae speak the truth, the hale truth and naething but the truth, and gie us grace tae understan' him.' WOOD'S SEEDS. Best qualities obtainable. Winter or makes not only one of the largest yielding and best winter feed and forage crops you can grow, but is also one of th~e best of soil-improv ers, ading more nitrogen to the soil than anyiother winter crop. -Wood's Descriptive Fall Cat atogue gives full information about this~ valuable crop; also bout all other Farm ( Garden Seeds for Fall planting. Catalogue -mailed free on request. Write for it. Ts W. WOOD & SONS, Seedsmen, - Richmond, Va. REGISTRATION NOTICE. N otice is hereby given that the books of registration for the town of Newberry, S. C., will be open on Tues day, September 8th, 1908, and the un dersigned as Supervisor of Registra tion for thie said town,. will keep said books openCf every darv 1rot nine A. M. until five P. M. (Sunday excepted) ugee c Wet. Supervisor of Registration. td. AN ORDINANCE. Fi xing he raie and pree ribinig the tlile fu the p ai mellt of tofwn taxes for the year 194S. BE IT ORDAINED by the mayor and aldermen of the Town of New berry. S. C.. in council assembled and by authority of the same: That for the purpo=e of raising a revenue and in the exercise of the taxing power of said town. the fol lowing taxes are hereby levied for the fiscal year ending December 31st, 1908, upon all real and personal pro perty within the corporate limits of said Town (except such as is exempt from taxation under the constitution and laws of this State) upon the valuation thereof as assessed for tax ation for county and State purposes; viz: Section 1. ,That a tax of sixty cents on each one hundred dollars of real and personal property within the cor porate limits of the Town of New berry in the State of South Caro lina (except such as is exempt from taxation under the constitution and laws of this State) is hereby levied for the purpose of rf.ising a revenue to defray the ordinary expenses of said Town for .the fiscal year end ing December 31st. 1908. Section 2. That a tax of three fourths of a mill on each dollars' worth of real and personal property within the corporate limits of the Town of Newberry (except such as is exempt from taxation under the Constitution and laws of this State) is hereby levied for the purpose of raising a revenue to defray the bond ed indebtedness of said Town for the Opera House. Section 3. That a tax of two and a half mills on each dollar's worth of real and personal property within the corporate limits of the Town of Newberry (except such as is exempt from taxation under the Constitution and laws of this State) is hereby le vied for the purpose of raising a revenue to pay the interest on and create a sinking fund for the bonded indebtedness of said Town for the Water Works and Electric Light Plant. Seetion 4. That a tax of one mill on each dollar's worth of real and personal property wi'thin the corpor ate limits of the .Town of Newberry (except such as is exempt from taxa tion under the Constitution and laws of this State) is hereby levied for the purpose of raising a revenue to pay the interest cf the bonded indebted ness of said Town for the Sewerage System. Section 5. That all taxes herein imposed or levied shall be paid to the said Town of Newberry in 'law ful money of the United States, be tween the fifteenth day of October, 1908, and the fifteenth day of No vember, 1908, and a penalty of ten per cent is hereby imposed upon and shall be added to all taxes in arrears. Section 6. That execution issue ac cording to law for the collection- of all taxes, fines or penalties past due and unpaid for fifteen days, and the cost of said execution. Done and ratified under the cor porate seal of the Town of Newberry, in the State of South Carolina, this the second day of September, A. D., 1908. J. J. Langford, Attest: Mayor. Eug. S. Werts, Clerk and Treasurer. NEWBERRY UNION STATION. Arrival and Departure of Passenger Trains-Effective 12.01 A. K. Sunday, June 7th, 1908. Southern Railway: No. 15 for Greenville .. .. 8.57a.m. No. 18 for Columbia .. ..1.40 p.m. No. 11 for Greenville ..'...3.20 p.m. No. 16 for Columbia .... .8.47 p.m. C., N. & L. Ry. *No 85 for Laurens .. ....5.19 a.m. *No. 22 for Columbia .. . .8.47 a.m. No. 52 for Greenville .. 12.56 p.m. No. b3 for Columbia .. .. 3.20 p.m. *No. 21 for Laurens .. . .7.25 p.m. *No. 84 for Columbia .. ..8S.36 p.m. * Does not run on Sunday This time table shows the times at which trains may be expected to d'e part from this station, but their de parture is not guaranteed and the time shown is subject to change with out notice. G3. L. Robinson, Station Master. Just Exactly Right. "I have used Dr. Kmg's New Life Pills for several years ma finci themr ju t end~y right. ''s: Mr. A A. F.eb1n. "f Hacrrisville. 'C. Y. Ne o pation, biliousness and malaria. 25e. at W. E Pelham & Son' 4dclrg store. CENT RI FAMOUS Satu Septet 200 ANIMAL The Great St The Come< M'selle De Oesch A HERD OF PERFOI 2 PERFORI Rain o1 School1 Tablets, PenciL Pap< 'Broadda Come to BROA to get Pencils, F Straps, or 25c ticle and get Sal Best the World Affords. ''It gives me unbounded pleasur< to recommend Bucklen 's Arniel Salve,'' says J. W. Jenkin;, of Chape Hill, N. C. ''I am convinced it 'e th< best salve the world affords. It ear. ed a felon on my thumb, and it nevei fails to heal every sore, burn 01 wound to which it is applied. 25 . a1 W. E. Pelham and Son's durg st3re VERY LOW RATES. To Denver, Colorado and Return via Southern Railway. On aceount of the Annual Conven. tion, American Bankers Association the Southern Railway announces at. tractive low round trip rates to Den ver, Col. Tickets to be sold daily un til September 30th, 1908, good t< return leaving Denver not later thar October 31st, 1908. For rates, details. schedules, etc. apply to Southern railway tickel agXents or, J. C. Lusk. Divisioni Pa-.-aner Agtent, J. L. Meek. jAsst.- G4en. Pass. Agt., IAtlanta, a. BROS SHOWS rday, aber26 ACTORS 20 eines Trouipe. :iy Weylers. -Queen of the Air. IMING ELEPHANTS. VIANCES 2 r Shine. Supplies. r, Crayons, Etc. s & Ruf f. ADDUS & RUFF aper, Pens, Book orth of any ar* chel free.. CHARLESTON & WESTERN CAE OLINA RY. Schedule in effect May 31, 1908. Lv. Newberry(C N & L) 12:56 p.m. Ar. Laurens 2:02 p.m. Lv. Laurens (C & W C) 2:35 p.m. Ar. Greenville 4:00 p.m. Lv. Laurens .2:32 p.m. Ar. Spartanburg 4:05 p.m. by. Spartanburg (So. Ry.) 5:00 p.mn. 'Ar. Hendersonville 7:45 p.m. Ar. Asheville 8:50 p.m. Lv. Laurens (C & W C) 2:32 p.m. Ar. Greenwood 3:32 p.m. Ar. McCormiek 4 :33 p.m. Ar. Augusta 6:15 p.m. Tri-Weekly Parlar Car line be tween Augusta and Asheville. Trains Nos. 1 and 2, leave Augusta Tuesdays, Thursdays and Saturdays, leave Asheville Mondays, Wednesdays and Fridays. - Note: Th-e above arrivals and de partures, as w'ell as connections with other companies, are given as infor mation. and are not guaranteed. Ernest Williams. Gen. Pass. Agt.. Auzusta, Ga. * ~ Geo'. T. Bryan. Greenville, S. C., Gen. Agt. SALE OF PERSONAL PROPERTY. By v r<i '' ) e I'obatet" l'u"Irt we will tell at the rtSidellce of . ':-. F:.a 1. 1l V. Newberry. S. C.. October 1, 1908. at 10 oclo<-k. the personal property of the estate of T. S. Dun ean. deceased, eonsisting_ of parlor furnit uire. bedb lim. hedr414in fintri tare, trun111ks. .1ri imt i1e"k. hooks. ete_ W. k. Dfunn. S. I. Duncn. 2t Administrators. VERY LOW RATES To Lexington, Ky., and Return via Southern Railway. Account 28th Annual Session, Na tional Baptist Convention, the South ern Railway announces greatly reduc ed rates to Lexington, Ky., and re turn. Tickets to be sold September 13th. 14th and 15th. ,ood to leave Lexington returnitig. September 23, 1908. The Southern Railway has been selected as the "Official Route" first class coaches will be provided and leave Columbia 7.05 a. m., 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. Meek, Asst. Gen. Pass. Agt., Atlanta, Ga. It Can't Be Beat. The best of 'all teachers is exper ience. C. M. Harden, of Silver City, North Carolina, says: "I find Elec tric 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 cines also 'for weakness, lame back, and all run down conditions. Best too for chills and malaria. Sold unr der guarantee at W.-E. Pelham and Son's durg store. 50e. SPECIAL SUlMMER EXCURSIONS Via Southern Railway. Extremely low round trip week-end excursion tickets are now on sale for all trains Saturdays and for Sunday morning trains only, to Isle of Palms, Tybee; also to many attractive moun tain resort points, from principal stations in South Carolina. Tickets good to return until Tuesday follow ing date of sale. Also special Sunday excursion rates from Columbia, Augusta and inter mediate stations to Isle of Palms and Tybee. For details, rates, etc., apply to Southern Railway agents, or J. C. Lusk, Division Passenger Agent. Charleston, S. C. J. L. Meek, Asst. Gen. Pass. Agt., Atlante, Ga. BLUE RIDGE SCHEDULES. Eastbound. No. 1.8, leaves Anderson at 6.30 a. m., for connection at Belton with Southern for Greenville. No. 12, from Walhalla, leaves An derson at 10.15 a. mn., for connection at Belton with Southern Railway for Columbia and Greenville. No. 20, leaves Anderson at 2.20 p. in., for connections at Belton with Southern Railway for Greenville. No. 8, daily except Sunday, from Walhalla arrives Anderson 6.24 p. i., with connections at Seneca with Southern Railway from points south. No. 10, from Walhalla, leaves An derson at 4.57 p. in., for connections at Belton with Southern Railway for Greenville and Columbia. .Westbound. No. 17, arrives at Anderson at 7.50) a. mn., from Belton with connections from Greenville. No. 9. arrives at Anderson at 12.24 p. mn., from Belton with connections from Greenville and Columbia. Goes to Wahla No. 19, arrives at Anderson at 3.40 p. in.. from Belton with connections from Greenville. No. 11. arrives at Anderson at 6.29 p. in., from Belton with con netions from Greenville and Colum $ia. Goes to Walhalla. No. 7, daily except Sunday, leaves Anderson at 9.20 a. in., for Walhalla, with connections at Seneca for local pinrmts so.uth. Nos. 17, 18. 19, and 20 are mixed tr ns between Anderson and Belton. Nos 7and 8 are local freight ran, carrying passengers, between A'ndeson and Walhialla and between Wahalla and Anderson