The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1894-01-17
The Governors Instructions t.
Trial Justices.

Governor Tillman seems 10 growing more
determined than ever that the dispensary Law
as it now stands shall be enforced. He has
played his hand WITH the municipal author
tiles and is now in the game with the trial
justices. His excellency said that he woald
probably have to remove some of the trial
justice in the next eixty days if they did not
strictly enforce the law.
Copies of the new dispensary law were sent
60 the trial justices and with them the follow
ing Instructions
Under the act approved December 23d, a
copy of which is herewith sent you, the duty
will largely devolve on trial justices of enfor-
cling the law. The statutes, as construed
by the Supreme Court, require that criminal
cases coming within the jurisdiction of trial
justices shall be tried by a jury on the
demand Of the defendant, otherwise by the
trial justice himself. Jurors are to be summon
ed by the constable after six names have been
drawn from hat in which eighteen names
have been placed by the constable. 1t will be
the duty Of trial justices to see that no names
are put in the hat except those of men who
will End a verdict according to the evidence
aud not perjure themselves through prejudice
against the law. Trial justices who do not
act with promptness and vigor and endeavor
to enforce the law may as we'll send in their
designations, as no negligence or fayoritism
will be tolerated.
Enclosed will be found form of search
warrant, as well as form for beginning
nuisaace proceedings under Section % Of the
act
AS it is impossible for State constables to
cover the entire territory, trial justices are
expected to see that their constables seize all
contraband liquor and make arrests of parties
breaking the law as provided by the act.
Every seizure thus made must be reported 10
the State Commissioner, who will send a
certificate for. the shipment to him Of the
contraband liquor. For such work consta-
bes will be paid reasonable fee upon re-
porting the facts to the Governor.
Special attention is directed to Section %,
giving the right to examine suspicious pack
ages.
Trial juetices will IN every case arrest
and proceed against express agents and rail-
road agents, or other railroad employees, who
lay themselves liable 1nder the provision Of
the law. The right to search without
warrant applies only to places of business
or public 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 State 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.
(Signed) B. R. T1LLMAS,
Governor.
Accompanying the instructions is the usual
form for the search warrant for residences
or any other place. Here is the form Of
affidavit prescribed:
personally appeared - who, being
duly sworn, deposes and says that be is
informed by - and verify believes from
such information, and his own observation,
that in describe place, premises or house)
there ls now deposited, stored, and kept
contraband liquors, in violation of law, to
wit: (particularly describing the same, and
that said Intoxicating and contraband liquors
are there kept, stored, and deposited by -
aiders and abettors, without permit, in
violation of the laws Of the State.
s'Wherefore, deponent prays that search
warrant may issue, commanding The search
of said premises and their appurtenances, and
that such con,raoand liquors may be brought
before the court, and such action taken con-
cerning the same as is authorized By law"
And this will be the trial justices orders to
the constables:
'sThese are, therefore, to authorize and
require you, with necessary and proper
assistants, to enter into the said house Tor
other place appur,enant thereto) of the said
- aforesaid, and there diligently by day
or by night search for the said contrabaod
liquors, and if the same or any part thereof
shall be found upon such search, that you
bring the said liquors so found, aud also
seize and bring all vessels, bar fixtures,
screens, bottles, glasses, and appurtenances.
apparently used or suitable for use, in or
about such liquors, take a complete inventory
OF the same, and deposit the same with the
sheriff, which said articles are there %
remain, to be disposed Of as required by the
provisions of the dispensary law"
There will be very many trial justices,
and great many more constables who will
have trouble over this same form of search
warrant.