The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-11-14

IilIm8n'9 C1rcul2r OF 4nRCruCtiouo u tAs
Dispensary Constables-Petty Officers
who Give no Bond, who are not EI-
pected to have any Character, and
Moat OF whom have Neither
Education or Intelligence
Entrusted with Power
Over Life and
Property.
COLUMBIA, October 29.-Gov. Till.
man has had prepared a circular defn.
ing the "powers and duties" Of State
coustables. It gives pretty concise
view of the stupendous authority Of
consts bles under the Governors con.
struction of the provisions of the law
Toe directions read as follows:
The constables appointed under the
dispensary law will act only under the
law. They will wear their badges
where they can be seen when OF &C.
tive duty, but when doing detective
work they can conceal their badges.
They have the right to exercise all
the COMMON law and statutory powers
of constabies, and all authority given
to police or watchmen by the statutes
Of the State, and by the charters and
ordinances of incorporated towns and
cities concu-rently with such officers.
They are specially authorized and
required by the dlspenssry law to ssize
without warrant all contraband liquor
while it is being transported or after its
arrival, whether iu possession of 8
common carrier, depot agent, express
agent, private person, firm or corpora.
tion OF ASSOCIATION, being in an open
car or house or exposed to view. But
persons coming from without the state
carrying liquor as personal baggage, not
exceeding one gallon, shall be allowed
to keep the same, but if such person is
transporting it for another, and does
not own it exclusively himself, it may
be seized.
A State constable may arrest, with
out a warrant, for an offence against
the dispensary law committed in bis
presence, but when he does 80 arrest he
should at once carry the offender be-
fore trial justice, and warrant be
sworn out particularly describing the
offence. In all other cases, when other
witnesses ale to prove the facts, he
should swear out a warrant and arrest
the prisoner under it.
Should auy trial justice refuse war
rant the constable will report the fact
and proceed to obtain one
from the next nearest trial justice 80 as
to make the arrest promptly. When
carry the prisoners before the trial
justice issuing the warrant, aud it is
the duty of the trial justice to commit
the prisoner to Jail or require sufficient
bail. Any trial justice taking q straw
bond will be removed.
A warrant must be obtained from a
trial justice of the county in which the
crime was committed. If the criminal
leaves his county and goes into another,
the officer should apply to trial justice
of the latter county to endorse the war
rant before be attempts the arrest in
the said county.
The affidavit should have the sig
nature OF the party swearing it out. 1t
is, important that the warrant should
have the seal of the trial justice.
This law authorizes the seizure, with
out warrant, in all open lots or all open
places, including bars and stores.
Whenever they are informed or sus-
pect that any suspicious package in the
possession of any common carrier con-
tains contra band liquors, they are re-
aulred, and have power to detain the
same for examination for the term Of
of :wenty.four hours without any war
rant or process whatever.
When a package is detained for ex-
animation notice should ne given to
the agent of such common carrier of
the cause Of detention. The inter-
ference of such agent with the con-
stable, or resistance or obstruction to
him, is punishable by fine of $l00 or
80 days imprisonment.
Constables may search any depot
without any warrant, but xpress cars
will not be searched, except by special
permit of the Governor in writing.
For the searching Of all places, under
Section %, where liquors are sold, bar
tered or given away, or where such
liquors are kept for sale, barter or de-
livery in violation of the law, the said
places not being open or exposed, u
warrant of arrest aud search warrant
must oe applied for, Old personal knowl-
edge or Information and belief, against
the keeper or manager Of the place amt
his aids and assistants, whereupon the
trial justice shall issue his warrant to
the sheriff or any special constable,
him to arrest the de-
PENDANTS and bring them before him;
and shall issue his search warrant,
the search of the prem
ises and the seizure of all liquors found
therein, and of all the vessels, bar fix
lures, screen, bottles, glasses and ap-
apparently used or suitable
for use in retailing liquor, which said
liquors and appurtenAnces shall be
turned over to the sheriff; the trial
Justice, upon the finding of any of these
articles, shall send the case up to the
higher Court for the punishment re-
gulred by law for maintaining such
nuisance. The trial justice shall then
make out in duplicate all the papers,
including the return of the officers, and
shall transmit them to the solicitor of
the circuit, who will apply to the
Judge at Chambers for the iu-
junction. The original should be re-
turned to the clerk of Court to be
marked Fife" copy or copies made,
the officer serving the order will show
original to defendant and leave copy
with each of them, and after making
his return on the original should &C.
posit it with the clerk.
All contraband liquors must be dis
posed OF under Section 81.
A certificate from the State Commis-
sioner is necessary to ship to him, un-
less sent by express. Packages under
twenty pounds must always be sent: by
express, and no certificate is needed 10
slip. Notice of all such seizures must
be made to the Governor, giving the
quantity aad name on package.
Having contraband liquor in posses
sion is an offence under the law, and
when it is seized the person should be
arrested and tried before trial justice
under Section ].
Constables will study the law and
enforce its various provisions with
vigor.
Coustables will report twice week
10 the Governor or to their immediate
superior. -,
Constables must be courteous to all
~f n