Melchers v. Bates

Supreme Court of South Carolina
Melchers v. Bates, 42 S.C. 271 (S.C. 1894)
20 S.E. 240; 1894 S.C. LEXIS 55
Gary, McIver

Melchers v. Bates

Opinion of the Court

The opinion of the court was delivered by

Mr. Justice Gary.

This is an application to this court, in its original jurisdiction, for an injunction to restrain the defendants, as State officers, from enforcing the provisions of the act of 1893, known as the Dispensary Act, on the ground that it is unconstitutional. This case was heard in connection with that of the State ex relatione J. V. George and G. T. Holley, appellants, v. the City Council of the City of Aiken, respondent, ante, and is ruled by the decision in that case, which has just been filed.

It is, therefore, the judgment of this court, that the petition be dismissed.

Dissenting Opinion

Mr. Chief Justice McIver.

I dissent. As this case was heard with the case of The State ex rel. George et al. vs. The City Council of Aiken, and, as I understood, the two cases were to be finally disposed of, and the opinions filed at the same time, I feel at liberty to dissent in this case upon the same grounds as I did in the case of The State ex rel. George et al. vs. The City Council of Aiken.

Reference

Full Case Name
MELCHERS v. BATES
Status
Published
Syllabus
1. Case Criticised — Dispensary Act. — The decision of this court in State ex rel. George v. Aiken, ante, 222, followed; and the court refused to grant an injunction to restrain the State Treasurer and the State Commissioner under the Dispensary Act from paying out any moneys, or doing any other acts under that statute.