Barringer v. City Council of Florence

Citations

• 41 S.C. 501
• 19 S.E. 745
• 1894 S.C. LEXIS 126

Syllabus

<p>1. Dispensary Act — Liquor Licenses — Injunction.—Under the law of this State, since the passage of the statute known as the Dispensary. Act of 1892, there is no authority in this State invested with power to grant liquor licenses; and this court enjoined a city council from issuing such licenses.</p> <p>2. Ibid. — Ibid.—Sale op Liquors. — The Dispensary Act of 1892 having been adjudged unconstitutional, except in so far as it prohibits the granting of licenses, its repealing clause failed to repeal prior acts providing a punishment for unlicensed sales ; and hence, one selling liquor may be indicted under such prior laws of the State; and may also be punished under an ordinance of the city, where sold, prohibiting such sale.</p> <p>3. Ibid. — Ibid.—Special Statute — Conditions.—Since the Dispensary Act prohibited the granting of liquor licenses, and thereby necessarily repealed a prior statute which fixed the amount of such licenses, a subsequent special statute authorizing the city council of Florence to issue liquor licenses was inoperative by reason of the condition attached, that no license should be granted at a less sum than is established by the laws of this State.</p> <p>4. Ibid. — Ibid.—Special Legislation. — Where the State was prohibiting the sale of liquor throughout her limits, it cannot be supposed that she intended to permit its sale in only one municipality, by a general provision in an amended charter, even if such a distinction was constitutional.</p>