The state chronicle., 1889-08-23
VOL. XIX.
LOCAL OPTION IN MORGANTON.

prohibiting the sale, and since that time
it has been unlawful to sell within two
| miles of the court house in Morganton.
There had been, up to the term of Burke
court just expired, for some months, a
great deal of drinking in the town and the
best citizens complained that some of the
drug stores were selling liquors as a bust
ness, and demoralizing especially the young
. men of the place. The Mayor of the town,
Mr. ROBERTSON, is not believer in the
efficacy of local prohibition laws nor in
the principle of enforcing temperance in
that way.
Mr.. RICHARD WILLIAMS, one of the Town
Commissioners, at the request and with
the approval of many good citizens, caused
warrants to be issued against two drug
IIgists for selling without license. The war
rants were returned before the Mayor, who
dismissed the warrants az slnst one of the
druggists upon the ground that probable
cause had not been shown. The same de
fendant was afterwards convicted in the
Superior Court in four cases on part only
Of the testimony heard by the Mayor. The
I
warrants against the other druggist, Z. ).
kINGsMoRE, were dismissed or destroyed
by the Mayor without examining a witness
I Ut this juncture Mr.. WILLIAMS and other
citizens complained TO Associate Justice
AVERY and called his attention 70 Chapter
800. Laws of 1889 This act SO amends
the gambling statute, Code. Sec. 1850, as
to make it the duty of Mayors of towns,
Iutendants aud Magistrates of Police.
Judges of Superior or Supreme Courts,
when they have reasonable ground to be-
lieye that there are places where IN
toxicating liquors are unlaHfully sold, TO
issue summons or capias for such persons
as are believed TO know OF such violations
not law and to be unwilling TO testify. The
5EvTdeuce taken in this way the statute
makes Information, upon which a JUS
tice Of the Peace or a Judge OF Superior
Court might issue warrant or a solicitor
can send a bill of indictment. One Of the
warrants issued by the Mayor was removed
and tried by Justice OF the Peace, who
di- missed the warrant and taxed Com
missioner WILLIAMS with the costs.
JUDGE AVERY issued summons for about
hirry witnesses from VIII sc testimony 1t
Al ~ ared that two druggists had been sell
ing vita and without Prescriptions, and
to i uumber Of boys between fifteen and
twenty years OF age 1t further appeared
tina parties bought on prescriptions con
tanning 10 name OF IA patient prescribed
for. aud when they did not pretend TO be
sick
The testimony taken BY JUDGE AVERY
was handed TO SOLICITOR BRoWER Five
or six bills We're sent against each Of the
druggists. hINGSMoRE and PETERSON. They
were both convicted in more than one case
of selling to a minor and of retailing con
trary to law. kING>MoRE was convicted
on every bill sent against him. As was Pc
TERsoN PETERSON had submitted on two
charges for selling contrary to law and
/ Judgment had been suspended on the
ground that he would remove from the
| State, but he had opened his store IN Nor
Canton again in May, since which time the
sales were made for which he was convict
ed at this term. JUDGE PHILLIPS imposed
a fine Of 800 and costs OF kINGSMORE IN
one case and ordered that judgment be
suspended IN the other cases. The judg
ment in one case against PETERSON was
that he pay fine of $500, and in another
1tbat he be imprisoned for three months.
7 The Judge, on motion of the Solicitor,
had caused capias to issue on the bills,
| Il
| When the cases were called for trial cOun-
| sal for PETERSON and kINGsMoRE moved
| for a continuance, on an affidavit, on the
ground that the Judge had ordered the
| capias to issue without motion and on the
ground that public opinion had been in
tiuenced, and the Judge had been preju-
| diced bv the action and influence of JUDGE
AVERY, who had taken the information.
subs, Quently the defendants themselves
| and the counsel apologized TO the court.
| JUDGE PHILLIPS, at a later stage Of the
court, reduced the fine of DR.. PETERSON
to $3.50 upon his pledge upon his honor,
given in open court that he would never
deal in intoxicating liquors again. The
7 testimony taken by JUDGE AVERY show
ed that one of the druggists sold to a
minor without prescription even on the
night after the Mayor dismissed the cases
against him.
Since the bills were found and espe-
| cially since JUDGE PHILLIPS sentenced
the defendants, Morganton has been
dry. Before court the opponents of the
local law said it could not be enforced.
| Now they say, that it is to the benefit Of
retailers and distillers, whose places are
more than two miles from town. But
men who pay license tax are entitled to
the profits Of such business as against
men who take out Federal license and pay
! the State nothing.
T Some of the town boys, who are put to
| the inconvenience of sending a jug to the
| country, curse the Judge who presided
and the Justice who investigated but the
| good men of the town and the people of
the country say we'll done. Friends of
law and temperance rejoice III the triumph
| Of the law All argue that man who
procures druggists license and then buys
| retail license from the authorities Of the
United States ought not to be allowed to
1 TO hap- w