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title: 'The watchman and southron. (Sumter, S.C.) 1881-1930, August 11, 1909, Image 2',
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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?
?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
"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
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
"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|
'"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
"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
"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.
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
* 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.
How easy the other fellow's work
'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
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?
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
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?
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.
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
?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?
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.
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
?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
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
?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?
*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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$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.
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