Historical Newspapers of South Carolina

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STJF1 tiii: (iovi:?\oRs messm THE DISPENSARY THE LEADING TOPIC. Abolition of the Profit Feature ltrrommended as flic Only Salvation for It. (iI'll t/a in t'/i of the (iriici'it/ Ansciii hhj: In this first annual message I regret that I cannot congratulate you and the people of the State upon the condition of a Hairs that file s you today. lint while we have not had the predicted re turn ol prosperity, we should re call with thankfulness the good health, peace and happiness we nave heen permit led to enjoy. Without further preliminary I proceed to discharge one of the most important duties imposed upon the Chief Kxecutive by the ('oust it ut ion The linances of the State are in a very unsatisfactory condition. During the session of the (ieneral Assembly, for ls'.Mi, a levy ol lour and a half mills was laid to meet the current expenses ol the fiscal year beginning .January 1st, |M>7. and ending I)ecetnher d 1 si, 1N1>7, The sum raised hv I his levy proved insufficient to meet the expenses, and we have, t herelore, a deficit of $100,000 lo he provided for. By using every dollai from every tivailahie source and hy overdrawing in small amounts upon hanks in which large sums of the Slate's funds have heen deposit! d. we have mel promptly all current obligations without borrowing a dollar. The hooks were opened tor tin* collection ol taxes < tctoher 1 ."it h, and since l hat time we have used money thm collected to pay current expmises, This money now being collected, however, belongs legitimately t< the current aonronri.it ions tin I , , " 1 SOS. liv refusing 1 <? borrow $100,000, ;is is often done. though I have not saved the State any great amount in tin? way ol interest charges, 1 have refused to sanction what appears to me to he a had policy?the policy ol borrowing money at interest The levy for State purposes will he high, hut you must remember that we have a delicif of $100 000?not of your making?to he urovided for, and that the Slate ^ 2 Avill no longer receive any reve nue for current expenses from the Dispensary profits, for under the provisions of the Constitution all protits trom the Dispensary must hereafter go to the school fund. During the past year the general fund has been augmented by $02, 000 received from the Dispensary; the year previous .his augmentn tion amounted to $100,000. I have endeavored to secure a statement of the finances of the State from the Treasurer. Hut, as his hooks were not balanced up to tin* time ol completion ol my Message. I beg to refer you to 1 1 ' I' i in- I reasurer s report 1 11 K IHSI'KNs \ It Y. IIm' most ?1 i IT i?-1111 piohleui that eonlronts you is the regulation of the liquor trallic?ami it is your duty, as I lit* trusted representa lives o| I e people, to use your hest ell'orls iu satisfactorily solv injr this (|uestion. Iu my iuau^urd address I ask that no material chalice l?e made in the I)isjieiis;;r> law until it could lie iri v en a ! or I rial. rills it had never h id. I pon my re commend it i<ui the law rem lined as it was, with I lie exception of a lew unimportant amendments. < >n assuming the duties ol (luv ernor 1 undertook the en force UU'lit of the law. en lea1 oi i m; |<, do s,, wit h as lit tie frict ion as pllss ihle. At lifst. my elforls were eneotlr i^iiiely sueeessful. lull this success wis hindered hv dis iori? I'liients amnnr the mem In'l> ol (In- Si alt* I {t > i i'i| ill ('iiu I r<> I 'I'll i* in is ii i aimireinents in Ilit* Si ll.- I )j - jit n- tr\ an I I In* I ucker 111 iZ- ?11 i 11 - elisions in tin* Si,ilt* I Sot l"i 1 < I . .ZM --I <'i I -< illi ' ill I In' warm s i -iij.|?ui lrr> ill 'In- law, a in I m 'l - I i lz l'i m I many In Iiisi* (.' it 11 ii- I lir syst i*iii. | >||l liV if <?l*^ i li i/. it |! ill ill lii" lorce lliis ini-m ina?r< iiifiit was corrected, ami i In* itnaril Ii is siin'c worked in Ii a r tin ii iv. I>" il sail! In their credit, (In* I hipensary is now ?n?in 111? tt*iI in a nmiv husinesss like way than ova r ln-lore. Ilail il not In-.mi lor ih" iiifi'1'VtMilion ol llit* federal Courts I do not hfsit ill- lo say that tin* l)is|it*n sary would today have very lilt I? opposition. and would have al ready proved, Imtli financially and iiioi illy, a izrcai ^uivi'ss, i ll.* federal Court* have sori on-ly crippled the law and rendered flit il" all III N etlorls to' its enforcement, hy holding in the cast* ol I t.inal l * s. Scott thai ?*iti /en > o| ih" State have a right to PLjEMEDXTT import whiskey lor personal use. A great many who were engaged in the illicit trallie in whiskey i took advantage of this decision to import whiskey lor sale ; it thus became very dillieult lor the I St at c? Constables to tell when it I was imported for personal use only. The State Constables, under my instructions, seized quantities of whiskey where there were suspicious circumstance connected with its importation ; hut upon application to Judge Kimontou nearly all the whiskey seized was released. licginning with this decision, the State has heen involved in [ continuous litigation. In the case1 of Kx. Parte Loeh Judge Simon I ton held that agents of liquor 'dealers outside the Stale might come into the State, take orders for liquors and ship them to citi zens ol the State. Kncouraged by the ahove decisions, the liquor men applied to I lie I nitial States Court I'm greater privileges and | in the Vandercook decisions were ! granted a!! tliey desired. In this; case the same Judge held tliat i citizens ol another State might J import, store away, and sell li(|iiors in original nnhroken packages of all sizes not less than one half pint This led to the! openinir in the State of hundreds ot private liquor houses ;uid llood ed the whole of South Carolina with whiskey. Blind Iigers, lurnished by "01 in I inal package" dealers, began the! sale of whiskey in quiet, peaceful communities where liquor had never heen sold In my ell'orls to enforce the Dispensary law as modilied l?v the Judge's decisions I met with }rreal dillieulties At one time Judge Simonlo . seemed to assume the combined prero{ra lives of the Chief Kxecutive and i the I.egialat lire of South Carolina, and undertook the amendment of I the Dispensary law by injunction The Coventor, the Constables, and all persons connected with the enforcement of the law, were enjoined front interfering; in any way with the "original package" dealers, and a law enacted by the representatives of a sovereign ,. State was nyjaotically replied by a Federal Judge. When it was reported to mo that Varn.^yrd iV Co., "original package" dealers at l'%*nhcrg, were selling whisKey to drunk art's, 1 immediately ordered the Constable* to seize their liquors ami arrest them lor maintaining a nuisance. This was done, but they applied to .Jud^c Sinionton to have the stock of liquors re turned at once, and asked that the Constables and all persons act in<; under them, or by virtue of authority from them, be re st rained Irom furl her intennedlinj; with the said property. This re quest was granted, not wit bstand im; witnesses swore that they had seen the man who bought liquor at or about the time of the sale, and that he was drunk. The i .lud<rc held that, to la* guilty ol the nlh nse ol sellmi; lo a drunk- j ard. the party s?*lIinir must eitherj know or must have substantial reason to believe that the parly 1 buyilie was drunk at the time. .\eain.in the case ol Iv .1. Con nor vs. (ieo S Met'raw, et al. j (Jen. S MeCravy, Sheriff of I, in n-ns County, untitled me that lour two horse w.iirnns had l?een >ent In Auuu-la lor whiskey and < that nn their way hack <n I.hi i iviis he received inform ition that the driver-, were drunk and hois i iemils and were sellim: whiskey irnin tlie waumis. i ordered the I wu;?on> and lujunrs sei/.ed !i< sunn as they arrived at l.nurens. There i it|m?11 I . .1. ('onnor ti led a lull n| enni|daint iii I lie I lilted Stiles Court |>r.-?> iiii* lor a perpetual in junction restraining the defend ants Irnm -ei/.inu liijiinrs of the I complainant. I pun this lull heini; I I i led .lud^e Siliiniltnl) lit'.lilted I rule auaints the defendants, re i | uirinu thein to show eause whv < a temporary writ of injunction 1 should not he uranted : and al l lie > one time he made t re-1 r iin I 11 , r ,.|-.l..|- I.. I... I,lll.,.l II. r .it. ...I to wtl : Imi join intin* I? I < i?< I intI i uiii in" :ii t vim |it i im to I seize, in ir.ui-ii or ;i111 r arrival. <?i ulJiiTw i?i' I'iirrvniir aw iv ??r i eonli-c it 111 _r or ?l?*t ;i i ni iiu ;iiiv ol i the Ii |n<h . wiiii'-mi' beer iin|?<>rt 1 i-l or - Mil into I In* St ,il ! t?v tin1 i'miiijiI nil.mi : m l I urt herinoro < < >iii in i n< I i in: -; 11 < I 11 < > 11 1111 mi- to t?>rl 11\v1111 ili'li vi'i* I In* 1111r -1 ?, w in ?iii, .vim's .mil I i 11 mil's In the | imsi'ssjiin :ii)<| I'Mlilrol ill till' colli | I; 1111 1111 < III t III* illlOVI' I H-l I IH'I'S y M11 (Mil I sim' sonic ilillicullic- tli.it have coii I root c< I me in (lie 1'iiiorc ii i 111 i oi the I>i-|H iis;n v law t triirin il I p;n'l\;|Ci'" 111 ;111 r- Irivc been allow I ei| to -ell to 11 rt 111 k irds, :t 11 I ll'olii I wagons in public highways. i \\ believer .I seizure V\ I- III I'll' the I complainant would hasten to i Judge simoiltoil. who seemed at ( .ill limes readv and willing to t i I TO THE lend ;i helping hand to such applicants. .lud^c Si monton's ?1 cisioiis and liis unfriendly attitude towards those who were charged with the enforcement of the l>is pensary law s?> completely de moralized the State Constables that they wer<v of little use. and became almost a dead expense to the State. The cost o| maintain inn the Constables was about $ I. 000 per month. They were alraid to seize liquor lor fear the Fed eral .Judge would jail them for contempt. When they did make a seizure it was, with few exeep lions, released and t lie <'oustables enjoined. Inasmtudi. therefore, as .liid>re Simonton had practic ally paralyzed the <'on.stabula.iv. 1 dismissed the lorce, leaving the responsibilit V lor tile enforcement of I In* law, in 11??? incorporated towns :ui<l cities, in the li.'imls of 11??? city ami town antlioritins. I relained a lew detectives to suppress "blind timers" in the country where the people have* little or no protection The I >is pensary Act makes it the duty of the Slate Hoard of ('ontrol to witlihohl its share of the profits ol the Dispensary Ironi any town or city in which the authorities do not enforce the law So far the profits have heeii with held onlv from the town of Sumter, and I have appointed a ('(instable, to be paid out ol the town's share of the profits, to s(?,? that the law is enforced t here. We have, then, to lace the following condit ion of nHairs : I n der the protection of a Circuit .1 udge of i lie Toiled States Court, liquor i< being sold throughout the State, in the country -.s well as in the municipalities, and in defiance of the laws ol the Stale. The rights of a sovereign Slate to police and regulate the liquor Irallic in its owe way is nullified and trampled under foot. The Act of Congress of July s, 1 SJM), has been, so far as South Carolina is concerned, repealed, and we are told that tlie enactment ot prohibition alone gives a Stale the right to "original package" dealers, unless the profit feature of the Dispensary is de st roved. The language ol J udge Simonton in the Vundercook case is as follows: "If all alcoholic liquors, by whomsoever held, are declared eontraband they cease to belong to commerce, and are wit h iii t lie jurisdict inn of the police power. Hut so long :?s their man u facta re, purchase t?r sale, or their use as a beverage in any lorm or by any person, are recognized, they belong to commerce, and are without the domain of the police power.'' The power to license the sale of liquor, to the oxclti sion of these inteistate commerce dealers in "original packages," has been therelore est roved by the decision, unless it should be reversed by the Supreme Court. The Attorney (ieneral of the Slate has appealed, but the ap peal will not be heard until March 7, too late for you to know what the decision will b . in time to legislate in accordance therewith. 11 cannot be doubted t h i' a large majority ol our people favor t he Ihspeusary law, it it can be MM'iired against the interferI .III*.. I.I ill.. I. .! I I I ' i"i i-i 'Ci siieeessi ve < 1 A sselilhl les have declared in favor of the 1 >is pensarv as I lie lies t met hot I ot I ': 11 i HIT vvitll 1 ll?? liquor question I tiir I {epresent at ives in I'onirres are 'it work seeking to secure ad litional legislation lor the protee I u?n ol the Stale uirainst the in I el" I ere nee ol I In* I oiled St iles jinlieiarv. I lie I'nited States Sen lie has already passed a lull I?y iin minions vole liiviuir the eom [del e eon 11*'d ol iulo\ ieatil s to the stales, and it i- hoped that the House also will pa<> it I?111 we innsl have immediate ivliel from the present i n I oler i h|e eond i t ions free liquor. Willi |l * Ill p in v increase ol drunkenness and the 'onsequent ilierease ol eriine, II ust at all lia/ards he irnt t (| of. As I have said, a lieense law w ill not ecu re i 1111111111 i I \* from this evil luhje Siuioiilon hi- deslroved. ilomr with the Ihspeiisarv, the irense sv-lein when run for prolil. What. t he n. i -> lei I I o do ' We .nil' i i-ii I' i 111 < ill I I II III I M III" ihiIiiiiii' I lie I M-|?i'ii^.irv sysioni .\ il limit t It.' pmlit !? it m i' M ni v ? i iiHijori v. I liclii'vi*?In nut I lii nk 11n?1111>11 loti i~ pr n l ir tlilc ; ;it|i| til ill V 11 I \ i 11111 ii isi 'i | l||i> |JiI ten rv system I ii'im i i*>i nl ilic 111-< 11 i t li'il lire We (Mil ccrl :i i ii I v ^ '1 riil nl llit* "ui iuiiiil p ifUnixi?" lealers iiihI ilifir ili'iimr ili/iim rillii* I iv cuiil 11111 > i ii; ilir lh-pmi ciry, shorn nl ill profits mi l nil ninislfi'cil on 1 y :i- i pnlii't' ri'iiii it inn In mill nil ni l ri'?II Iim I ii 11 it ir t'V il. Tlif I'ViIi'ImI .In |<?e will lave in'il her tii'c isinn nor cxi'ihi' or 11 i ^ \ r r? ? I v injunctions il liit systoni sh ill In' in irnrnr.il<* !. inlt'S" In' shall mm un rt'Vfrst' ins iwn dficixion This, then, nppenrs o me tlic I??* s i mill nl most the only Ihiui: 1? 11 to <lo . \\C iniirht try 111i^ policy for a year next winter, alter t'ynjrress shall have aeted or failed to act and alter the Supreme ('ourt at Washing ton shall have decided what is In heroine of the State's power to control Ii?111<>i* under the Wilson hill of I S!?0. we shall he in a po sit ion to take li nal act ion It is useless for ine to make an extended argument to show that our system ol liijuor control is a i proper exercise of the police pow er. and that .ludjre Simoulon i* J wronjr in his decision denying ' his power to the Stale. Hut as facts speaks louder than words, I wil rive tin* (testimony of ministers i ol the gospel ill I he St ate as to I he ell'ect of the Dispensary law on the morals of thepoiple and op the reduction of drunkenness i ainontr Ihem. <)ut of four linn id red and sixty tluee answers I received from the ministers ol the j State !< <|iiestions suhmilted 'o i v11 111 ii i iii'iinr iciier. h;iumi October 1st. 1SH7, three hundred ami twenty lour report oil a decrease in drinking of loi t y -ix ami one-thinl per rent., ami a ileerease in drunkenness since the Dispensary law wont into eU'eot. Sixty nine reported an increase in drinking of lillvI'our and three loin I lis percent. Yet, in the face ol such testi inon\ as to the good results ol the system. .1 udgo Simonton declares it is not a police nieas lire. What then is the police power' ll 're is a definition ol the I'nited Slates Supreme ('ourl itself : "The police power includes all measures lor the protection ol life, the health, the property and the vol tare of the inhabitants, and for the promotion ol good order and the public morals. It covers the suppression of nui sauces, whether injurious to pub lie health, like unwholesome trades, or to the public morals, like gambling houses and lottery tickets The police power extends lothimrs to not only intrinsic dly dangerous to the public health, such as infected rags or diseased meat, but to things which, when used in a I aw tin manner, are'^bjects ol properly and ofcommere, and yet may be used so as to be injurious or dangerous to the life, the health, oc fee morals o-.^he people, (riinpowder. for instance, is a subject ol commerce and ol lawful use, yet, because of its ex plosive and dangerous qualities, all admit that the State may regulate its keeping ami sale. And there is no article, the right ol the State to rout vol or to /n'nfi ifn t the sale or manufacture of which within its limits is better estab I iished than intoxicating liquors. .. i:< ?.... w...... 1.-1 >1 1111 >111 III i( 1-11,111- III any form of 1 yet license lias heen lieM to lie a police re?ru lalion oven when protecting li cense liohlers in a monopoly ol sale, until .hulj;e Siiuonton's re cent decision al)ove qnote<l allow ed liquors in "original packages" to enter a Slate "so loin; as their manul'actlire, purchase or sale, or their use as a heveraire in any form or t?y anv person are recos; [ ni/ed." Interstate cuniinerce has. 'according to dudire Siinonton. de sIr<ivet 1 the police power unless a Stale declares the us?? ol liqnor j as a hevera<:e to |l(> contrary to ! good morals and rjrainst the hea'lll of the people. No license svsi mii does this. We cannot, j therefore, c,.| protection from Ire" 1 i1111>?r*' I?v such enactincnl. We can. however, lift relief hv ' ?|oin?r away with the prolit feat nre. as (lie followim: i|iintation from Hie \ amlereook deci-ion show- : " I lie decision o| i he Su | preine ('oiirt of the Tinted Stales must control all I'ircuil t'ourts T.v I In- decision ii i- clear I hat so lonu as | he Slat herself en iraires m the l)i|-iness of import iter Mid selling alcoliMic liijuors lor I lie purpose o| profit ; so lonu: as she recognizes thil I lie 11 - e ? t alcoholic Ii 111 >r- i- a hovornue ilawful and c mi I ncoiiraue I ; -n loin: as -In' seeks the moilopolv in s 11 p p I v i 11 ir these lit|iior- for that use. and in this w iv looks in an increase in her revenue, she cannot under her const ii ui <onal old iuut ions | o I lie other Si a I es ot the I ii ion. control, hinder and , hurden commerce in such articles jlielween their citizens ami luu own 11' *r?* i< !in> law i it 1 u i must oIh'V it until .111?Iir? Simon t?m i- overruled l>v tin* Snincine (tourt or hv ('uncross. I mler :i license sr<|(Mn, imisiM 11<*11 :is I li?< Si iii> \v>iil<l rt'ii'ivi* iihhicv, these "oriyinril pui'lcijios" would out in m* to rom m. .in I .Iml^i* Simon ton \v o 11111 i m i i 11 j o i n' tlm >t iii- ollii't'i's from i111? rlonni? with tlii'in I. i II-. thorHoiv. .In w l.it is loll us. nii'l w nt lor nlion :it \\ ishin^ion. I'lie .i.oiici used hi roii'lurt ini tin- I >is|nm - irii-s in.! in (Milnivin t In- I.I w con 1.1 11oI 11 ri 11 I. 1 i- prolil. hilt ;l- e\|)lM|.|c.| pur.'lv III I -o|o RISE. ly f??r in.ii nt ai 11i n? I lie morals ami health of I lie people. . 111 < 1 ii? Sun '.oiitnii mmht ileelare this not to Ik* :iii I'MToisi' of tlic |>??li?'t> pow it; Imt wo will linvi- to li-k it, i j ami depend for our socurit \ on i what In* I i 111 <?' 11 11.1 ^ writtfii in v t ' rlous ilorisoiis. j TIIK STATK'S KM IIOXAI. T S|| M, Tin* <'oust it ul ional three mills tax for school purposes yield oil tin* present assrssial value of I proper! y soniel lifnu over $.*>00. ; 0U0. This is a lar^c stun I n nil ' | left Irom a tax burdened people, j and this money should he so e\ | ended as to see lire t he lies t posssi iile results. \\ ith this iuereased I expenditure o| money Oil t he pull lie seliools the people have the j riiillt to expect het t er I'esii) t s I hall have heretofore been si'eiired. In the cities and in a majority of I I he towns I lie schools are well sustained Hid meet the demands upon uicin; inn in iiie country the results are generally verv nn sat isfactorv. \\ illi hetter school houses and l.etter ei|uipinents ami hetter teachers, hoys ami nirls could he prepared tor college at the common schools in I lie country without needing to take a course in lit I imr schools, preparatory to entering college. The Slate's educational system, including all schools, high and low, primary, secondary and collegiate, looks to one end and aim?to correct illiteracy, to dispel ignorance, to train intelligent and pal riot ic cit i zens. It is sustained by public appropriat ion. trot herod by taxn: lion from every class of citizens. It exists for the henelit of all the people o! t he coin moil weal t h and jail are interested in its economical and ellicient administration. The system is a hody composed j ol members ol various capacites and functions, to he exercised, not independently, hut each in conjunction with the others; with constant reference to a common purpose, and upon a common plan. Harmonious cooperation is necc sarv and this implies organization, embracing in well balanced order every part of the system and supervised by intelligent and ellicient ollicers. At present such organization and supervision are wanting; and the whole system is split into do purtnu'iils working each towards the supposed common end, hut with no clear understanding or appreciat ion of each ot Iter's needs, methods, and aims. There is, therefore, an unintentional hut inevitable lack ot sympathy and understanding, which makes a seperate system of each branch of the State's educational [dan, and stands in the way ot that unity and co operation which are the pre<[uisites of economy and ellieieney. There is no headship. no leadership, no intelligent policy, no common purpose. Necessarily, the result is a do | plication ol work, a lack of con! nect ion. an 11 ncconomica', I nam use unsystematic, expenditure of Iniuls, and inexcusable waste of Hn??r?sy, and, above all, and nn salisfactory ell'orl to lorward tin* cause of popular education. An ideal plan would la* tin- couibi nation ol all 11iir 11?*r Stale iustitu lions into a single co education il university, 1 >uI at present this i> ; not practic'alde. and the next lio-l [ measure is the omani/alion ol ! t liese no .? dirver>e eletiienls into niie system, properly directed by jeoinpelenl ollicial, who should lie, j as far as possible. separated from polit ical enl an^lenients and whose duties and j ion "i hi I i I i es should lie carefully defined by si .lute. The common count r\ schools, the more tloiirishim: town schools and the various State colleges should li" sa related l hit 11 o i p s i ,ii id occur in the siieri ssi >n ol "rub through which the pupil passes I noi i n i I i men I a r\ to post _ r i< I n it c s! .I lies Kvol'\ step should I III p 1 \ lit - preco 111: i step." ev cry i ! V .1 11? ?' III c i I ?SOS ^ l|i I 1111 I ic I 11 < f III* 11 >ei|l|enoe ul i n i 11 ii I |>r 11 ii i I ion ; mi I ii.it I lie ;>ii|ul w !iu enters tile lll\Ve<t iirnle 111 t lie lowliest riiril school iniulit novo i I or w ml in 1 wit In hi I ;i l-re.ik to ill A M tleiiriM> in lie- hi he I co 11 ceo jo | he St lie I\s 11 i; 11 \ slionl.l t lie lll^lier il|s| it , ;oil> sii pporlc 1 i?v tile St lie lie I i > 11 ; 111 into co op -r.it i vi* rol.it ions with ' o.icll otlior. I lioi'e ^lioii|i| lie no 1 II | > I IC.lt IOII III |ll lilt- I 11 1 l-olll'iil i ml ? 11:ii r~ a ml > | 11 i noes 111 11 coll lil I tos-i I >1 V l?o ;i Voji |o< 1 It 11icre ;ire to tie v irious St ito col le-o- tln-y shoiiM till us vnrioii lit'liN ?> t' o I in- it ion 11 work. . i ii? 1 in iinswor to ;i r it ion il ileni unl lor -ncli v uriet y ot oiI\ ;iitt;i j-s : mure over, e it'll -I i i i M I to kept ?t riot !y to it > own !itie n! ilist rnt ion. i |-nrtliornioro, there must In- no sent inientai !io-it.it ion in retlne* III.: the S| .lie's higher otitic it loll 11 v-icni to I ho hnsis in lic iteil I>v t lie people - ict in! Hot is present niitl prospect i\e. Low eiliicnl ion >)ionhl press ;111?-1111 ot popnl ir