The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1893-06-07
MANY QUESTIONS OF LAW.
Questions About Dispensaries Passed on
by the Attorney General.

by the attorney General.
COLUMBIA, S. c., May 24.-Since the
county boards of control were ap-
pointed and the Governor has re-
quested the members to submit all
questions of law which do not appear
to be clear rs to obstruction, to be sub
United to him, be, ''in conjunction
with the Attorney General to decide
them" the questions have been piling
in.
The following opinion of the Attor-
ney-General, filed with the Governor
yesterday, covers great many ques-
tions about the construction of the dis
pensary law which have already been
sent in:
To His Excellency, B. r. Tillman,
Governor.
DEAR SIR: I have carefully consid-
cred the inquiries concerning the dis
pensary act contained in the letter re-
ferred by your Excellency to this Office
and beg to state my opinion thereon in
the order in which they occur in the
letter.
The first inquiry is as follows:
"(D Can person who owns real es-
tate outside of the town but in the
county sign application"
This question refers to the application
to be made by any one desiring to be
county dispenser. My answer to this
question is that such person cannot
sign the application.
The second question is as follows:
"(2) Can person who owns no real
estate in his own name but owns stock
in corporation which has real estate
in the town sign application?-
My opinion is that be cannot.
"(3) Can person who owns real es-
tate in town, but resides outside of
its limits, sign an application for dis
penser"
I answer, No.
"(4) Can a person who now holds
office become county or town dispenser
without resigning said Officer"
In answering this question I must
say that under Section %, Article II of
the Constitution of South Carolina,
member OF the Legislature could not
accept the position ofcoun ty dispenser
without vacating his seat in the Legis-
lature; but one holding any other office
could accept the position, provided the
duties of the two offices be not incom-
patible-that is, so they do not conflict
with each other so as to interfere with
each other and prevent proper dis
charge thereof by one and the same
person. ....-,.--.-,--. ..,-,,.-,.,.-..-.......
The above are all the inquiries con-
tanned in the letter referred to, but T
may as well answer some others which
have been made from time to time.
S. "Is it obligatory on the county
board of control to appoint the one
who secures a majority of the freehold
voters in the town or may the board
use its discretion?"
The board may use its discretion and
reject any improper applicant.
6. "Is an eX-bartender eligible to the
position of county dispenser or assist
ant dispen,er?"
The mere fact of bis being an Tex
would not of itself render
him ineligible. What man has been
is not the question. The important
question is whether he is qualified as
to character, habits, ETC., but I may as
well say that under the act one who
has during the two years Immediately
previous to filing petition engaged in
The liquor business would not be con-
sidered eligible.
7. Can one holding real estate as
trustee to collect rents, etc., sign ap-
pIication?
Not unless he is qualified in some
other way than the position as trustee.
S. Can husbands whose wives own
real estate sign applications?
No.
8. Can a man who owns real estate
in town where the dispensaryis to be
but who is unable to do man
lal labor, and hence exempt from poll
;ax, sign application?
Yes.
I have the honor to be, most respect
'ully, your obedient servant,
D. A. TOWNSEND.
Attorney-General'