In answer to this demand, the State Legislature passed a new measure in December, giving considerably increased powers to the executive. The State Board of Control was authorised to deprive any city or town refusing to actively co-operate in the enforcement of the law, of its share of the dispensary profits. In place of the Board being unable to open a dispensary anywhere except when a majority of the people petitioned for it, the law was made that the Board could establish its shops wherever it pleased, unless a majority of the people petitioned against them. It was also found advisable to modify several minor points, such as giving hotel keepers permission to serve their guests with liquor.
Governor Tillman at once made full use of the new powers. He announced that several new dispensaries would be opened in different parts, and he sent a circular to all the mayors, asking if they intended to assist the State officials or not. To those who answered in the negative, he at once sent notice that the share of the profits for their towns would be withheld from them, and used for the purpose of employing special constables to see that the law was carried out there.
In March, 1894, the troubles created by the opponents of the Dispensaries Act came to a head. Some State constables were searching for contraband liquors at Darlington when the people rose in arms against them. Two constables and two townsmen were killed, and the police hastily retired to a swamp. Here they were pursued by an infuriated body of citizens; and, had they been found, they would unquestionably have been killed. For a day or two, matters wore a serious look. In one place a dispensary was gutted, and several bodies of the State militia, when ordered by the Governor to proceed against the rioters, refused to obey.
Governor Tillman is not a man to be easily intimidated. He promptly seized the telegraphs and the railways, prevented as far as possible the rioters communicating with sympathisers in other parts, and called together the troops he could rely upon. “As Governor I have sworn that the laws shall be respected until they are repealed,” he said, addressing the militia. “So help me God, I will exert all my power to enforce them. Although some of the militia have refused to obey orders, there are still enough to obey. The opponents of the law must submit to the rule of the majority. My life has been threatened; but I have no fear, and I will convoke the Legislature if further power is necessary.” The soldiers received his message with enthusiasm. At the same time the Federal authorities offered to send a large body of national troops, should they be required, to quell the rioting, and in a few hours the powers of the law and order were once more supreme. But had Tillman been a ruler of another stamp, had he shown the least sign of yielding to the disaffected, or of eagerness to compromise, then the outbreak at Darlington would probably have been only the beginning of serious trouble in the Palmetto State.
Hardly, however, had the riot been suppressed before the State Supreme Court declared the Act unconstitutional. The court, which consists of two conservative judges and one Tillmanite, based its decision on the grounds that the measure was not a prohibitory law and was not a police regulation, but was solely a plan for giving the profits of a trade to the State, and therefore it conflicted with the lawful rights of the old saloon keepers. Justice Pope, the Tillmanite, dissented from this view, and pronounced in favour of its being legal, but he was out-voted by his brother judges.
The result of this decision is, that all the State dispensaries have been closed, and the saloons are now again openly conducting their business. It is hard to say what the final outcome will be; for the people in the country parts declare themselves resolutely determined not to have the saloon system revived. It is said that as soon as possible one of the old judges will be removed, and his place taken by a Tillmanite. The measure will again be carried through the Legislature, and once more come before the Supreme Court. The court will then uphold it, and the State will give the Act another trial. But, even if this is so, the prospects of the scheme cannot be said to be bright. There are now enlisted against it a powerful political faction and the authorities of several municipalities. It can count on the unceasing opposition of many whose support is almost absolutely necessary to its success; and hence it will be more than a wonder if, while thus handicapped, it can be anything but a failure.