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HOME (4HOUNDS ON WHICH UQ UOlt LAW 18 ATTACKED; [nsarii Hol man and Logan * Urace Bei Pvrlh With Some Detail Their ReaentM tor Alleging the Act Or? dering the Llejmnr Election* of Au? gmet 17 Unconstitutional. Charleston. July t.?Messrs. W. A. Holmen end John F. Grace, repre eentlng Logan A Oraoe, have return? ed from Lancaster, where they ap? peared before Chief Justice Jonee of the Sooth Carolina Supreme Court, asking for a restraining order pre? venting the election commissioners of tbte county from holding the liquor election set tor August 17. So far at known. Chief Justice Jonee haa taken no action as yet In the matter, having taken ' tho motion under advisement The attorneys, when asked aa to who was hack ef tho effort to prevent the election, stated that they represented Thons?* K. JeUloo, the petitioner. When they were requested to prepare a slajtffirnt sf the grounds upon which their motion Is baaed, they at first destined to do so except to eay thel they had canvassed the situation thorn* oughly before determining upon ac? tion, and were convinced, and are mow move emphatically convinced, that they stood upon solid ground; hot later ta the day they agreed %to go tats the saatter more fully and gave out the statement which follows: . - -At Its last aeeelon, the legislature pass id a Mil entitled, 'Aa Act to pro? hibit the manufacture, eale, barter, exchange, giving away to Induce trade, the furnishing at public places or otherwise disposing of alcohol, spirituohm, vinous or malt liquors or beverage*, er other liquors or bever? ages by. whatsoever name called, which If drunk to excess will produce ittomloetion, except for aale of alco ftet hi' certain caaee upon certain con? ditions, and esospt the sale of wines for sacramental purposes, and to pro aide penalties for the violation there? of.' ?The stain sarbjsct of the title Is ?prektmttlon.' and the subject 'prohl fcttssu Is clearly expressed in the title. The first thirteen sections of the hill mre painty prohibition sections, and the fourteenth section was originally marei) l > express the time when the Mil bees me effective. But there i tacked on to the bill la Sections 14, li and 18 matters not only not neces? sary nor Incidental to the subject of the bill, but provisions absolutely de? structive of ths subject of prohibi? tion. These provisions are that In certain counties there ahall be an election held on August 17, at which election the subject of prohibition may be entirely repudiated and thej Isale of liquor approved. It Is mani? fest, therefore, that there le a total cleavage between the original bill and these Incoadstent provisions, because prohibition and the sale of liquor are Irreoonr lUble. "The constitution provides in Sec? tion 17, srticle I, as follows: "Any Act or resolution having the force of taw shall relate to but one eubject. and that ahall be expressed Im the title.' "Ths decisions on this question hold that while so Act of the legis? lature will not be lightly set aside, yst this clause of the constitution waa i Introduced to stop abuses of legisla? tion commonly designated under the *?rm 'Itg-rotllmg*' and that when the title of an Act is Inconsistent with any portion of the Act Itself, such portion I* unconstitutional, and will be set snide. Of course, the cases distinguish between portions of an 4 it Which help out and give efficacy to the main purpose of the Act. though .?i a pottlms .ire not precise? ly referred to in the title, and such cases where the unexpressed portion of the t is entirely foreign to, de? structive of and Inconsistent with the title. "The formtet line of cases is thus referred t * In San Antonio vs. Me hsfy. V> S . p 31?. as follows: " Wh-t. ;,n Act of the legislature erptn**ed In Its title the object of the Act. the title embraces and expresses any lawful means to achieve the ob? ject, thus fulfilling the constitutional Injure M oi ?bat every law ?hall em? brace bUl en subject, ami il. it shall be evprej; .d in its title.1 ? .\ ? I Ihll 11 ajOOl d With approval in geei itti Carolina caaee, prhv etmmll hi H >?.%. r vs. Town Counell. ft S. C !0 7. Hut certainly the elec tlon Omtetl giay result In the sale of iiqu.i be a means to achieve the ihm rt or this bill, which is prohi hfejon. na rttcti la r!y as at the time ol the ??!. i on p ohlbltloa is actually ln| for?. '"I ?. ai 'I gr ound I* that Sections it. || and iof the i.iii are epeclal legislation booanee the foree and gf? feet of en Id itoi i e onld he to n <pilre \>\ i eriahl ci lain counties in SoTHh ? ? within two Wfgfcj al? ter the establish enemi of prohibition therein i<? v -t. the . j u ? ? s 11 o n Of wheth? er or not Ii?111 *i- sh.ill Hgain he sold in stich ft iMtis. while in all oth.r counties In South Carolina the citi sens and taxpayers thereof would not be permitted to vote one way or the other on such questions until four years had elapsed from the time when, under other laws, they had voted upon such question, and would enable said latter counties from time to time Indiscriminately thereafter, and at no stated or fixed Intervals, to vote upon such question, while never again would the former counties be ^permitted to vote on the question once it had been determined by the election of August 17. "Id flfther words, on August 17. all counties In which the dispensaries new existed to August 2, must vote on whether or not the dispensaries shall be reopened. Whichever way the election goes, whether wet or dry. the status of this county Is fixed forever. There can never again be a vote upon the questlo n. Thus, it ln one county the dispensary is voted ln, it remains ln forever; If it is voted out it re? mains out forever. In the other class I of counties, those having already vot? ed the dispensary out under prevloue laws, they cannot vote at all on Au gust 17. They may never vote at all upon the queetlon, or they may, with? in four years from the time when they last voted, or any time thereaf- I ter, and as often thereafter as under the condition of the Carey-Cothran Act, they may see fit vote liquor ln or out under the terms of said Act. "It is manifest that this Is special legislation, particularly as the coun? ties which had voted under the Ca-1 rey-Cothrsn Act, and had voted liq-1 uor In. at the time of the paasage of this Act, are arbitrarily distinguished from those ct unties which exercised the same option and voted liquor out. This Is special legislation and ln con traventlon of Article S, Section 34, Subdivision 11, which la: I 44 ** ? ? Where a general law can be not applicable, no special law shall be enacted.' "Moreover, It Is class legislation I undsr Article 1, Section 6. Thle article of the Constitution Is commonly I known as the Declaration of Rights,*! and, If It may be said of any part of I the Constitution more than another, I Is the most sacred and Inviolable, be cause Its great general purpose is to put all the cltlssns of South Carolina I and the United States upon an equal- I Ity. Section I of thle article is: " The privileges and Immunities of I cltlssns of this State, and of the Unl ted States, under this Constitution,! -hall not be abridged, nor shall any! person be deprived of life, liberty or property without due process of law, I nor shall any person be denied the! equal protection of the laws.' "The last clause Is the one ger mane to our exception. Can it bei doubted that from whatever stand? point one may view the liquor ques? tion, people In the various counties of South Carolina are under this Aot de-1 nled the equal protection of the laws ?J "I may, or may not, be a Prohibi t tionlst. If I be a Prohibitionist living In Charleston County, shall I be com? pelled to submit to a vote to Intro duce the eale of liquor In this conn -1 ty, when my brother Prohibitionist ln Spartanburg Is immune from such in-1 vaslon of his right? Or If I be a be? liever in the sale of liquor, living In I Spartanburg County, now having pro-l hlbltlon, can it be said that I ami equally protected by the law, when my brother in Charleston County ha* the right to \ote to sell liquor in that County? "In the first tectlon of the bill we find that 'all alcoholic liquors and I beverages ? ? "which if drunk to ex-1 cess will produce intoxication, are | hereby declared to be detrlmertal, I and their use and 'consumption to he against the morals, good healtn and safety of the State and contraband.' "We respectfully submit that Char- I leston County is a part of the State, and that her Inhabitants are suscept? ible to the same detrimental results as the Inhabitants of any other part of the State, and if it be true that the use and consumption of such liquors be against the morals, good health and safety of the State, their use in Char? leston County, which is g part of the state, has the same effect upon the welfare of the State, and certainly has *hc same effect upon the welfare <>f the consumer, as their use and consumption in any Other part of the State; hence, it seems obvious that I 'V provision in tins law under which sueh liquors are allowed to be sold in Charleston county, or any other County, are ridiculously repugnant to the bin. Tin terms of ail preceding Acts since the establishment of the dispensary law und the abolition ol the license system, wsrc In substance thai ail alcoholic liquors not having i.n tested and fomui pure und free from potsonouSi hurtful and delete ? .us matters were of a detrimental character and their use and eon ?umptton against the good morals of the State. This Is notablj so in the Dispensary Aot proper, and the pre? cise word* were reenacted In the Ca rey-Cothran Act Therefore, not un? til the passage of ibis bill was all nl eohollc liquor declared to be detri mental, eto? Now. then, it follows that It all alcoholic liquor Is detri? mental, it is Just as detrimental in one coynty as mother, an I its (Uber baneful Influences set out in the pres? ent bill ure Just as great here us else? where. Nothing could be more indi cative of the Intention of this bill to have been prohibitive. For it would simply be incongruous and monstrous to suppose that the legislature meant to say that 'all acohollc liquors and beverages, which, if drunk to excess, will produce intoxication are hereby declared to be detrimental, and their use and consumption to be against j the morals, good health and safety of . the State, and contraband, but that; if the people of twenty-one counties care to drink them and care to com? mit acts against the morals, good health and safety of the State they may do so. "The effect of cgir contention, if up? held, would be that the bill is good insofar as it is responsive to the title, which is prohibition. State-wide pro? hibition la not class or special legisla? tion, does not discriminate in favor of or against any section, nor does it deny to any citizen of South Carolina tho equal protection of the laws. "We believe that prohibition is in under the Act and will stay In.** ?If you are all run down Foley's Kidney Remedy will help yon. It strengthens .the kidneys so they will eliminate the impurities from the blood that depress the nerves, and cause exhaustion, backache, rheuma? tism and urinary Irregularities, which sap the vitality. Do not delay. Take Foley's Kidney Remedy at once. W. W. Sibert. The man who knows himself has a large stock of knowledge. ?DeWitt's Little Early Risers, the pleasant, safe, sure, easy little Uver pills. A salve you may always de? pend upon in any case where you need salve, Is DeWltt's CarboHsed Witch Hisel Salve?especially good for Piles. Sold by all druggists. People who expect to win heaven by proxy are going to meet with a warm disappointment. * TAKE NOTICE. ?All persons are recommended to take Foley's Kidney Remedy for backache, rheumatism, and kidney snd bladder trouble. It will quickly correct urinary Irregularities which, If neglected, may develop Into a se? rious Illness. It will restore health and strength. Do not neglect signs of kidney or bladder trouble and risk Brlght's disease or diabetes. W. W. Sibert. How easy the other fellow's work always looks! 'Turas a Glorious Victory. ?There's rejoicing in Fedora, Tenn. A man's life has been saved, and now Dr. King's New Discovery Is the talk of the town for curing C. V. Pepper of deadly lung hemorrhages. "I could not work nor get about," he writes, "and the doctors did me no good, but, j after using Dr. King's New Discovery three weeks, I feel like a new man, and can do good work again." For weak, sore or diseased lungs, coughs j and colds, hemorrhages, hay fever, la- 1 grippe, asthma or any bronchial af? fection It stands unrivaled. Price 50c j and $1.00. Trial bottle free. Sold and guaranteed by Slbert's Drug AMBROSE C. MOISE DEAD. Poet and Author Passes Away in St. Louis?Half-Brother of Mrs. C. H Moise of Tills City. Brother Ambrose Charles Moise, known nationally for his poems and dramas, died of dropsy at the Chris? tian Brothers College, St. Louis, Mo., the first of this week. Brother Moise Is a half-brother of Mrs. C. H. Molse, of this city. The following sketch was clipped from the New Orleans Item: He was born in New Orleans fifty years ago, hfs family name being Molse. One of his brothers, now dead, was one of the most famous criminal judges of the South; another was a| leading New Orleans' attorney and an? other was priest. He ran away from home and enter? ed the Christian Brothers rs a novi? tiate thirty-nine reiira ago. He was professor of English at the Christian Brothers College. He has been one of the most able Instructors of English among his col? leagues. Brother Ambrose Charles Mofae. 1 was a brother of the late James C. j Molse, who died after his second ar> pointment to the criminal district j bench of the parish of New Orleans, of the late Edwin Crariste Moise, who practiced the civil* Paw at the loeal bar to the time of Ws death in March, 1900, and of Father Robert Vaugftan Moise, a Roman Catholic priest of this diocese, who> sled about three years ago. His surviving brothers are Leonard C. Moise, of Covtngton, La., ami The? odore S. Molse. of New Orleans-. He is a son of Theodore S. Molse. the portrait painter, and nephew of E. Warren Moise, Judge of the Confed? erate admiralty court at New Or? leans. Brother Ambrose wen the gold medal at the Worlds Columbian Ex? position for the best poem on the dis? covery of America. His composition was "Satan In Arms Against Colum? bus." It has since been recast to eliminate references to myths and al? legories not familiar to the average reader and In its later form became popular as parallel reading ln Eng? lish classes of the various Catholic orders. But few of his dreams were offered to publishers, most of them having been printed by the Christian Brothers for private circulation. ?No matter how long you have suf? fered, Foley's Kidney Remedy will help you. Mrs. S. L. Bowen, of Wayne. W. Va., writes: "I was a Buf ferer from kidney disease, so that at times I could not get out of bed, and when I did I could not stand straight. I took Foley's Kidney Rem? edy. ^Dne 'dollar bottle and part of the second cured me entirely." It will cure you. W. W. Sibert. Some men's idea of "sport" is to go out and kill something. Tfie Vacationist. And lo! he retumeth to the city With a compfexion iike a freshly boiled lobster, and freckles enough upon his arms and neck to supply a dozen small boys, he "breezeth" into> the office, slappeth his workmates on their tired backs, and speaketh loud, from the edge of the desk on which he percheth himself, unasked. "Take my tip, fellers," he sayetb, swinging hfs foot against your chair like a trip hammer. "Get out into the countryf Urn! Urn! Fresh coun? try buttermilk, eggs, chickens, veg? etables?nothing to do and plenty of time to do ft in. Beat it for the bucolic underbrush?that's what! You all look as if?" l And then the office force arlseth in j its might, perspiring \t every pore, j and smiteth him. | For, in the experience of man there is no more pestiferous plsgue than the Individual who hath had his? and cometh home to gloat over the others and give them advice. But his tribe in crease tb year by year. Selah! ?Take Kodol at the times when | you feel what you have eaten is not di- , gestlng. Kodol digests what you eat so you can eat sufficiently of any good wholesome food1, ff you will just let Kodol digest it. Setfd by all drug? gists. A man's best income is not always measurable by figures. ?Washington's Plague Spot* lie in the low, marahy bottoms of the Potomac, the breeding ground of malaria germs. These germs cause chills, fever and ague, biliousness, jaundice, lassitude, weakness and gen? eral debility and bring suffering or death to thousands yearly. But Elec? tric Bitters never fail to destroy them and cure malaria troubles. "They are the best all-round tonic and cure for malaria I ever used/ writes R M. James, of Louellen, S. C. They cure stomach, liver, kidney and blood troubles and will prevent Typhoid. Try them, 50c. Guaranteed by 81 bert's Drug Store. The true fisherman cares very little about fish, just so the conditions are right for fishing. ?For indigestion and all atomach trouble take Foley's Orino Laxative as it stimulates the stomach and liver and regulates the bowels and will pos? itively cure habitual constipation. W. W. Sibert. Even if King Alfonso should lose his present position, his Uncle Ed could undoubtedly find some kind of a Job for him where he could get good wages.?State. ?Soared With a Hot Iron, or scalded by overturned kettle? cut with a knife?bruised by slam? med door?Injured by gun or in any other way?the thing needed at once is Bucklen's Arnica Salve to subdue inflammation and kill the pain. It's earth's supreme healer, infallible for Boils, Ulcers, Fever Sores, Eczema and Piles. 25c at Slbert's Drug Store. Cure and Management of the Pig-*. The profits in pork making depend as much on the care and management of the breeding stock and of the young pigs as en breeding or feeding. To keep a boar and not get the best service from him is a very expensive way of starting in. We are confident that the most expensive way to keep a boar is to allow him to rim at larse wit*, the sows. He forms bad habits, is difficult to control, and becomes much more expensive to keep than If he had been provided with a well-fenced lot and had crops grown for him to grase. The sows are less likely to get in pfg, and the time of farrowing being unknown, neither the sow nor the young pigs receive the care needed to produce best results. There is much complaint of targe sows lying on irhelr pigs, and the rea? son usually given is that they are too fat. Thfs is rarely so. A sow In good flesh?what most Southern farmers think toe fat?will produce more pigs, stranger pigs, and suckle them better afterwards. If sal table houses, were provided, with good board floors and a fender around the outside of the house, and only a little short ma? terial used for bedding; few pigs would be killed by their mothers. It is frequently stated that the "razor-back" when allowed to farrow out in the woods never kills her pigs, but it is not so. We have seen more old razor-backs going around with only three or four pigs following them than we ever did pure bred sows. The truth is that when the razor-back sow kills her litter nothing is thought of it; they are not worth* mneh, didn't cost much, and the toss is not much, so it is soon forgotten.?Progressive Farmer. ?The best remedy we know of in all cases of Kidney and Bladder trowble and the one we always can recommend, is DeWitt's Kidney and Bladder Pills. They are antiseptic and* at once assist the kidneys to per? form their Important work. Bot when you ask for these pills be positive that you get DeWitts Kidney and Bladder Pills. There are imitations placed upon sale to deceive you. Get DeWitt's. Insist upon them, and if your dealer cannot supply you?re? fuse anything else in plsce of them. Sole by all druggists. Mr. E. H. Fincken, one of the most popjlar business men of Charleston, died at his residence on Sullivan's Is? land Thursday afternoon at 4 o'clock.' CURED HAY FEVER AND SUM? MER COLD. *A. S. Nusbaum. Batesville, In? diana, writes: "Last year I suffered for three months with a summer cold so distressing that it interfered with my business. I had many of the symptoms of hay fever, and a doctor's prescription did not reach my case, and I took several mr Itcines which seemed only to aggravate It. For? tunately I insisted upon having Fo? ley's Honey and Tar. It quickly cur? ed me. My wife has since used Co ley's Honev and Tar with the same success." w. W. Sibert. 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T THE SHEARS ARE FREE-YOU ONLY PAY FOR THE PAPER. $1.50 Is the regular subscription price of the Semi-Weekly Watchman and Southron. It is published Z_?!- every Wednesday and Friday and contains a summary of all the important local, domestic and for? eign news, and is an up-to-date of publication, together with special features from contributors, with a departmentdevoted to Agriculture, Poultry, Stock Raising, and other useful information for the all around Southern producer. The Osteen Publishing Co,, & sumter, South Carolina.