21 S.C. 292 | S.C. | 1884
The opinion of the court was delivered by
The sole- question raised by this appeal is as to the constitutionality of. the first section of the act of
That ground is, that inasmuch as the first section of the act absolutely forbids the sale of spirituous liquors outside the limits of incorporated cities, towns, and villages, while in a subsequent section it provides for the granting of licenses to sell such liquors ■within the limits of incorporated cities, towns, and villages, it establishes a discrimination in favor of one class of persons as against another, and is therefore in conflict with the provisions of article I:, section 12, of the constitution of this state, as well as the'provisions of the 14th amendment of the constitution of the United States. The provision of the 12th section of article I., which this law is supposed to violate is expressed in the following words: “No person shall be * * *' subjected in law to any other restraints or disqualifications, in regard to any personal rights, than such as are laid upon others under like circumstances and the language of that portion of the 14th amendment, with which this law is supposed to conflict is as follows: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the state wherein they reside. No statp shall make or enforce any law ■which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without,due process of law; nor deny to any person within its jurisdiction the equal'protection of the laws.”
Appellants contend that their privileges and immunities, as citizens of the United States, are abridged by the law in question, which is therefore in violation of the constitution of the United States, and that the restraints and disqualifications imposed by the act upon their pérsonal rights are in violation of the provisions of the constitution of the state. It will be observed that the act in question makes no discrimination whatever
The practical question, therefore, presented in this case is, whether the legislature can, in the exercise of the police power, prescribe different regulations for the sale of spirituous liquors, in different localities within its borders. It is quite clear that regulations which might prove very effective in one locality, might be found very inefficient in another; and it would seem, therefore, that to render the exercise of this admitted power most.) effective, the regulations should be adapted to the wants and con- J ditions of the different localities to which they are to be applied, i It seems to us that the rule upon this subject has been well expressed by Judge Cooley in his work on Constitutional Limitations (2d edit.) at page 390 : “Laws, public in their objects, may,, unless express constitutional provision forbids, be either general or local in their application. * * * The authority that legislates for the state at large must determine whether particular rules shall extend to the whole state and all its citizens, or, on the other hand, to a subdivision of the state or a single class of its citizens only. The circumstances of a particular locality or the. prevailing public sentiment in that section of the state, may re-, quire or make acceptable different police regulations from those
The same principle has been recognized by the Supreme Court of the United States and applied to a case of a different character from that now under consideration, in Missouri v. Lewis, 101 U. S., 22. It seems that by the laws of Missouri, an appeal lies to the Supreme Court of the state, from a final judgment of a Circuit Court in the state, except those held for the counties of ' St. Charles, Lincoln, Warren, and St. Louis, and the city of St. Louis, for which counties and city a separate court of appeals is established, called the “St. Louis Court of Appeals,” and from its decisions, no appeal lies to the Supreme Court, except in certain specified cases, of which the case before the court was not one. It was contended that this provision of the Missouri law was in conflict with the 14th amendment of the United States constitution, because it denies to suitors in the courts of St. Louis and the counties named, the equal protection of the laws, in that it denies to them the right of appeal to the Supreme Court of the state in cases where it gives that right to suitors in the other one hundred and nine counties of the state. It was held that this provision of the Missouri law was not in conflict with the 14th amendment or any other provision of the constitution of the United States.
Mr. Justice Bradley, in delivering the opinion of the court
The same principle has been applied in the state of Alabama, in Davis v. State (68 Ala., 58—44 Am. Rep., 128), where it was held that a statute making it unlawful to transport or remove cotton in the seed, in certain counties, after sunset and before sunrise of the succeeding day, was not in conflict with any provision of the state or federal constitution.
If, as we have seen, the legislature has the power to prescribe different police regulations for different, localities within the territory of the state, we do not see how the law in question can he said to violate section 12 of article I. of the constitution of this state. It does not subject any person to any restraint or disqualification in regard to any personal right, to which all persons in the same locality and under the like circumstances are not subjected, but all in that locality stand precisely upon the same footing, and no one has any right to complain of any infraction of his constitutional rights. To use the language of Judge Cooley quoted above, while it is true that the statute in question is not
The judgment of this court is that the judgment of the Circuit be affirmed.