The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-01-10
TIE D1sPENsARY LAW.
Governor Tiilnaan Issues His Mandate to
Trial Justices and Tells Them how
Houses are to be Searched.
Especial to News and Courier.1

Especial to News and Courier.1
COLUMBIA, January 2.-Trial justices
of South Carolina begin to shake Il
they do not comply exactly with what
they are told to do they will soon be
discharged. It cannot be very pleasant
to stand in imminent danger of losing
ones place on account of somebody's
notion that one is not doing all he can
to crush out "blind tigers"
The mandate has gone forth and to-
day Governor Tillnan, who in this case
has a right to be a prophet, said that
some Of the worthy justices would be
dismissed within the next sixty days.
Governor Tillman said he would re-
move the first trial justice in whom be
found the slightest inclination to de-
viate from the law. If he heard of any
OF them patronizing "blind tigers" that
would be cause for immediate and un.
ceremonious removal.
Yesterday Governor Tillman devoted
most of his time to the municipalities
and providing for the pay of the State
constables. To-day was "trial justice
day." They were provided with full
and exact instructions. First Of all
they got copies Of the new law, and as
q kind of New Years supplement the
following instructions:
INSTRUCTIONS TO TRIAL JUSTICES.
Under the Act approved December
%; copy Of which is herewith sent
you, the duty will largely devolve on
trial justices of enforcing the law.
The statutes, as construed by the Su-
preme Court, require that criminal
cases coming within the jurisdiction of
trial justices shall be tried by a jury on
the demand of the defendant, other
wise by the trial justice himself. Ju-
rors are to be summoned by the con-
stables after six names have been
drawn from hat in which eighteen
names have been placed by the con-
stable. It will be the duty Of trial JUS
tees to see that no names are put in
the hat except those Of men who will
find a verdict according to the evidence
and not perjure themselves through
prejudice against the law. Trial JUS
tices who do not act with promptness
and vigor and endeavor to enforce the
law may as well send in their resigna-
tions, as no negligence or favoritism
will be tolerated.
Enclosed will be found form Of
search warrant, as well asa form for
beginning nuisance proceedings under
Section % of the Act. .:.3s
AS it is impossible for State .eonsta-
hles to cover the entire territory, trial
justices are expected to see that their
eonstables seize all contraband liquor
and make arrests of parties breaking
the law as provided by :he Act. Every
seizure thus made must be reported to
the State commissioner, who will send
. certificate for the shipment to him
of the contrabaad liquor. For such
work constables will se paid reason-
able fee upon reporting the facts to the
Governor.
Special ettention is directed to Sec
tion %, giving the right to examine
packages.
Trial justices will in every case arrest
and proceed against express agents and
railroad agents, or other railroad en-
ployees, who lay themselves liable
under the provisions of the law. The
right to search without q warrant ap-
plies only to places of business or pub
lie places. In all cases where liquor is
believed to be in private residence
and is being sold search warrants must
be issued. Persons are not allowed to
buy in other States and bring into this
any quantity greater than one gallon.
The searches must be confined to
depots, and no car will be entered to
make search, unless by express orders
Of the Governor.
p GAuavr.x.r
HOW HOUSES ARE TO BE SEARCHED.
Attorney-General Buchanan has pre-
pared the following form of affidavit
and search warrant. There is likely to
be trouble behind this document. It
reads as follows: ..--
South Carolina, County-Afh-
davit for Search Warrant.
Personally appeared -, who, be-
ing duly sworn, deposss and says that
he is informed by -, and verify
believes from such information, and
his own observation, that in -
describe place, premises or house. }
there is now deposited, stored and
kept contraband liquors in violation of
Law, to wit: particularly describing the
same) and that said intoxicating and
liquors are there kept,
stored and deposited by -, his
aides and abettors, without a permit,
in violation Of the laws Of the State.
Wherefore deponent prsys that
search warrant may issue, command
ing the search Of said premises and
their appurtenances, and that such
contraband liquors may be brought
before the Court, and such action taken
concerning the same as is authorized
by law.
Sworn to and subscribed before me
this - day of -, 189-.
-, Trial Justice.
South Carolina, County-Search
Warrant.
To the Sheriff of the above County
or any Constable: Whereas, it appears