The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1873-03-27
Judge Cooke and the Enforcement of the
Tupper Law.

|
is closing up all the bar-rooms in Anderson,
Oconee and Greenville Counties, which do not
conform to what is known as the Tupper liquor
law, and that: he ignores licenses issued by
town or city authorities: Upon returning from
Walhalla, we understand that his Honor di-
rected the attention of one of our Trial Justices
to the duties of such officers under the Tupper
law, and that forthwith the keepers of bar
rooms and drinking saloons in this town were
notified by the Trial Justice, John c.. White
field, Esq, to conform to the provisions of the
law, else refrain from selling liquor under
the license granted by the" town authorities
In accordance with this notice, we learn that
the saloon keepers have made arrangements to
comply with such of its provisions as relate 70
their ability to furnish entertainment for man
and beast, and that several, if not all, are now
provided with the necessary beds and proven
dera The Town Council has taken cognizance
of this matter, also, and the question is rnooted
as to whether it would not be best to revoke
the present. licenses, and either refuse to grant
permission for the sale of spirituous liquors or
issue new permits for that purpose, to such as
furnish the requisite evidence That they are
able to comply with all the provisions, of the
Upper law, in its true intent and meaning.
Should the Council see fit TO revoke the present
licenses,it can do no less than refund pro
rata share of the license money, since it. was
the plain duty of the. Town Council to obtain
satisfactory evidence upon the points involved
prior, to granting the license; and failing to
perform that duty. the bar-keepersi cannot rea-
sonably be made to suffer its consequences, and
are entitled to due consideration, In case the
Council revokes the contract. Of course, TIE
bar-keepers are liable for any Infringement of
the law npon their part ;. but, as we think the
licenses have been informally granted, we are
not in,fayor of holding any of the parties To- q
strict construction of the law fora failure to
comply with its provisions heretofore. As the
matter ia now before the public, NE think it, g
| favorable time to make new start on the sub
/ liect of licenses. Il is we'll known in thecom
munity that we are opposed to the granting Of
licenses, and our decided preference is to close
up all the bar-rooms, and end the liquor traffic.
Butwe cannot hope to see this reformation at
| oncs, since the large majority Of our citizens
practically sustain the granting of Licenses, not
only 5y their patronage, but likewise by their
votes whenever the question is agitated. We
are content to remain in the minority, but the
voice of that minority should be heard in de-
| manding that the law be complied with, from
now and henceforth, literally and fully. 3. J
For the information Of our readers, We ap-;
pend q; brief summary Of the most important
sections Of the law relating to licenses, which
! was originally framed by Mr.. Tupper, of
Charleston, and has been known as the Upper
law for many years. The summary will be
found interesting, and will doubtless enlighten
many persons: ..{.E eit'tiS ~. =. :.
Section first confers authority upon incofpo-
rated cities and towns to grant tavern and re-
! tail licenses, under the restrictions and pro-
visions which follow. .e' ~. ~
Section second requires that every person
licensed to keep tavern "shall be recommend
ed by at least six respectable freeholders of the
neighborhood where said tavern is proposed to
be kept, who. shall certify that the person SO
recommended BY them is of good repute for
honesty and sobr;ety and is known TO the per-
sons recommending to have at least two spare
beds and necessary bedding, more than are re-
quired for the family Of said applicant, and is
we'll provided with house-room, stabling and
proyender." ."'-l.-,.lL i,a# ~; as @ ,stgr ~
Section third requires every person, before
he or she receives license, to enter into re-
cogntizance in the sum of cne thousand dollars
with two good aud sufficient sureties, being
freehoIders, which recognizance shall be ap-
proved by the officers authorized to grant such
license, conditioned not to keep disorderly
house, nor suffer or permit any unlawful
gaming in or about said house, nor violate the
laws concerning the traffc in spirituous liquors,
&c., and shall provide good, wholesome and
sufficient lodging, diet and entertainment for
man, and stabling and provender for horse, and
observe the directions of the Law relating to the
keeping of taverns, &c. ~ a
Section 9th, provides that aevery licensed
tavern keeper shall have and keep in his or her
house SO licensed, at least two good feather
beds or mattresses for guests, with good and
sufficient bedclothes for the same, and provide
and keep good, wholesome and sufficient diet
for travellers, and stabling and provender for
four horses more than his or her own stock,
upon pain Of forfeiting his license or recogni-
zanee, and being subject TO che like penalties
as for selling without license"
Section 9Th declares that "no license shall
entitle any person to keep tavern in any
| other place than that in which it was first kept
| by virtue of such license" and with regard to
all other places and persons, such license shall
be void. ......