The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-01-17

REPLY TOTHE GOVERNOR'S CIRCULAR.
NEwBERRY, S. c., January 5, 1894.
To the State Board of Control, Column
bia, S. c.:
Dear Sirs: We are in receipt of your
circular letter calling attention to GER
tain provisions of Sec. 10 of the new
dispeusary law, and stating that you
will expect an answer indicative Of our
purpose, not later than the 18th Of jan
! uary. Before giving the answer re-
| uuested, we should like to know what
| the Stale Board of Control would re-
gard as an enforcement of the law; and
Whether they will attempt to hold the
municipal authorities to strlcter en-
forcement of this law than is required
/ in the case of other penal statutes or
the town ordinances. Upon the re.
ceipt Of this information we shall
promptly answer your circular letter.
Respectfully yours,
The Town Council of Newherry,
BY E. C. JONES, Mayor.
THE GOVERNORS ANSWER.
E. C. Jones, Esq, Newberry, s. G.
Dear Sir-Replying to your letter OF
Yesterday, Governor Tillman directs
me to say: The County Boards of Con-
troll will be the judges of whether the
law is enforced or reasonable efforts are
made to do so.
Very Respectfully,
D. H. ToMPKINs,
Private Secretary.
Columbia, January, 1894.
MAYOR JONES ASKS FOR LIGHT.
The State Board of Control, Colum-
bia, S. c.:
Dear Sirs: In answer to an inquiry
addressed to you January 5, we are H.
formed by the Governor that tine
county board of control will be Judges
of whether the law is enforced, or rea-
sonable efforts are made to do So"
| This does not give US the information
sought. The matter is important, and
we have no inclination to quibble about
iC. But YOU will observe that the stat
ute leaves this question to the Judg..
ment of the State Board Of Control
without prescribing the method ny
which Judgment is to be formed. 1t
gives the municipal authorities none
of the safeguards of an ordinary JUDI
c;al investigation. One must LOOK 10
the character of the board, and not 10
the law, for any guarantee that the
rights of the town will not be detefm-
ined by mere caprice. Our desire was
simply to find out what the board will
regard as an enforcement of the law,
and by what rules they will be guided
in reaching a conclusion. The first
duty of the town authorities is to the
town, aud it is the primary duty OF the
town marshals to enforce the town Or
dinances for the protection of life, limo
and property and the preservation OF
the public peace and good order. Ihe
promise of an uncertain revenue would
not Justify US in requiring our small
force of tnarshals to devote special and
unusual zeal to the enforcement or any
particular statute law, at the FISK OF
impairing the general efficiency OF the
police service of the town. For this
reason we asked you whether you IN
tend to hold the municipal AUTHORITIES
10 stricter enforcement Of this law
than is required in the case OF other
penal statutes or the town ordinances.
Our custom has been to instruct the
town marshals to report violations OF
the criminal statutes of the State within
their Jurisdiction, and to this custom
we shall adhere. Respectfully yours,
the Town Council of New berry,
&c. JONES, Mayor.
January 10, 1894.
GOVERNOR TILLMAN'S LUMINOUS Re
PLY.
COLUMBIA, January IL, 1894.
Mr.. E. G.. Jones, Mayor, Newberry,
S. G.. Dear Sir: Your letter of the !Oth
addressed to the State Board of Control
is received. We have considered 1t
carefully and, while not disposed to
be hypercritical, think you suspect US
of q predetermination to Judge your
efforts as to the enforcement OF the law
unfairly. The Legislature has lett the
matter to the judgment OF the State
Board. and while we can afford none"
of the safeguards of an ordinary judi
cial investigation, we assure you that
we have no purpose to use the power
given in any spirit other than was ex-
tended. -,
We do not see that it is possible to
formulate any rules by which the mat
ter can be determined. The members
of the county board of control through
out the State have been appointed for
their high character and known lnteg-
rity. They are in immediate or fire.
ouent contact with citizens of the town
where dispensaries are located and are
certainly best qualified to form an opln-
ion as to whether the munlclpal al-
thorities are acting in good faith. Ii
the same efforts are made by the po' Ice
10 suppress illicit sales of liquor now as
were made when the towns received
all of the revenue under the license sys-
tenn there will be no trouble. Wnlle
this is a statute law it does not dlf1er
from the ordinary town ordinance
against such illicit sale, except that the
powers of police and constaoles are
much greater. If the county board re-
ports dereliction to duty in the enforce
ment of the law on the part of the po-
licemen we will take steps to have the
matter investigated, or havethe county
boards furnish the proofs, and act &C,
cordingly. Ifthe uncertain revenues;
will not induce you to use especial ano
unusual zeal" for the enforcement OF
the law, so that the county board shall
Re satisfied, it will be sufnclent 10 pay
constables to do what we expect and
require. We would dislike to with
hold your share of the revenue, but we
will certainly insist on your earnest
and honest cooperation if you expect
to "hold on'' to the "uncertain reVe-
nue."
Some of the municipalities have
passed special ordinances thereby en-
abling them to derive a revenue from
Anes for violation of the dispensary act
1t is entirely optional, of course
Whether " your council shall do this or
not. The State Board will only act
after due deliberation and satisfactory
proof. Yours respectfully,
3. r. TILLMAN,
Chairman State Board of Control.
Neber mind der sunshine nor der