The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1893-06-01
MANY QUESTIONS OF LAW.
Questions About Dlspensaries Passed on
by tho n Attorney General.

COLUMBIA, s. C., May 24.-Since I'll
county boards of control were appoin
ed and the Governor has requested til
| members to submit all questions {
law which DO not appear to be clear a
TO construction, to be submitted to hin
he, "in conjunction with the Attorne
General to decide them," the question
have been piling in.
The following opinion of the Attor
ney General flied with the Governo
yesterday, covers a great many Ques
! tons about the construction of the dis
penSary law which have already beer
| sent in:
10 Ills Exccllency, B. II. Tillman, Gov
ernOr.
DEAR SIR: | have carefully consid
cred the inquiries concerning the dis
penSary act contained in tn ,etter re.
| 1errrd by your eNcellency to this Office
ana beg to state my opinion thereon in
tie order III which they occur IN the
letter.
The first inquiry is as follows:
"U) Can person who owns real G
tate outside of the town but in t
county sign application -
IhlS question refers to the apple I,
tlon TO be made by any one desiring 70
~
this question is that such person can
not sign the application.
The second question is as follows:
"I2) Can person who owns no real
estate i'll his own nam0 but owns stock
III Il corporation which has real estate
In the town sign application ?"
My opinion Is that he cannot.
(3) Gan person who owns real cS-
tate III IL town, but resides outside Of
Its limits, sign an application for a dis
prnSCr?'
| answer, No.
"tl) Can Il person who now holds
olllGe become county or town dispenser
without rc5igning said Oilice?"
La answering this question | must
say that under Section 2S, Article | of
the Constitution Of South Carolina, a
member Of Il o Legislature could not
accept the position OF county dispenser
without vaCat!ng his seat in the LeglS-
lature; but one holding any other Office
could accept the position, provided the
duties Of the two offices be EOt incOm-
paNDle-~tlat is. SO they do not conflict
with each Otner so rs to interfere with
each other and prevent Il proper dis.
charge thereof by one AMI the same
person.
The above are all the inquiries cen.
tanned III the letter referred to, but
may rs we'll answer some others which
have been made from time to time.
.. as 1t obligatory on the county
beard Of control TO appoint the one
who secures Il majority Of the freehold
voters in the town or NAV the board
| use its discretion ,"
Tne board may use its discretion and
| reject any improper applicant.
| u, us an 8X bart pDltr pljpihlp tN y u
position OF county dispenser or assist
ant dlSpcnSer?"
The mere tact Of his being an sex.
bartender" would not Of itself render
him ineligible. What q man has been
Is not the question. The important
question is whether he is qualified as
" character, habits, etc, but may as
well say that under the act one who
has during the two years Immediately
previous to hling petition engaged in
the liquor business would not be con
Sldrrtd eligible.
I. Can one holding real estate as trus-
zee 10 collect renlS, etc. sign appllCa-
ton?
Not unless he is qualified in some
oiher way Cham the position rs trustee.
>. Can husbands whose wives own
real estate slgn applications?
No.
.. Can man who owns real estate
IN q town where the dlsprnHary is to be
situated, but who is unable to DO mar
lal !anor, and hence exempt from Doh
tax Sign application?
lus.
have the honor 10 be, most respect
iulIy, your OH, dicut servant,
ID. y. low NSEND,
Attorney General