41 S.C. 501 | S.C. | 1894
Lead Opinion
The following order, signed by all the justices, was delivered
Per Curiam. These two cases, instituted in the original jurisdiction of this court, being of a kindred nature, though not involving the same questions, were heard and will be considered together. The first is a case asking for an injunction to restrain the city council of Florence from granting licenses for the sale of spirituous liquors, upon the ground that there is now no law authorizing the granting of such licenses, and, therefore, that the threatened action of said city council in this respect is ultra vires. The second is a case in which the petitioner applies, under a writ of habeas corpus, heretofore issued for his discharge from custody, in which he is held under a warrant issued by the mayor of the city of Florence, who is invested by the charter of said city with all the powers of a trial justice, charging the petitioner with selling spirituous liquors without a license, in violation of an ordinance of the city, as well as in violation of the laws of the State. Inasmuch as one of these cases involves the liberty of the citizen, this court deems it to be its duty to render as prompt a decision as possible. The court will, therefore, proceed simply to decide the questions presented in these cases, without undertaking now to give the reasons for the conclusions, which will, however, be hereafter done in an.opinion which will be prepared and filed as soon as practicable.
It is, therefore, ordered, that in the case first named in the title of this order, an injunction do issue as prayed for in the petition. It is further ordered, that in the second case named in the title hereof, the motion of the petitioner for a discharge be refused; and that the said J. Ellis Brunson be remauded to the custody of the chief of police of the city of Florence, to be by him safely kept until he is thence delivered by due course of law.
The opinion in these two cases was delivered by
These two cases, instituted in the original jurisdiction of this court, though not involving the same questions, were heard and will be considered together.
In accordance with these views, an order has heretofore been filed, granting the injunction as prayed for in the case first
Concurrence Opinion
I concur in the result. The Constitution of this State makes the concurrence of two judges of this court its judgment. I bow to such a decision, as all other citizens must do, but in doing so I deem it my duty to say that I still adhere to the views expressed iu my dissenting opinion in the cases known as the Dispensary Cases, ante, 220.