The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1894-11-07
REVISED INSTRUCTIONS.
What the Governor Tolls the Constables to
do,


held the State dispensary constitu-
tional and the work of the constabu-
larry has become so much more active
than ever before, Governor Tillman
and his State board of control have
entirely revised the instructions to
constables heretofore in use. The re-
vision has been printed in circular
form copy to be given each consta-
BILE. The circular is headed in large
| type: estate Constables.- Their Pow
| ers and Duties" Here is the circular:
"The Constables appointed under
the dispensary law will act only under
that law. They will wear their bad
ges where they can be seen when
on active duty, but when doing de-
tective work they can conceal their
badges.
"They have the right to exercise all
the common law and statutory powers
of Constables and all authority given
to the police or watchmen by the stat
utes of the State, and by the charters
and ordinances of incorporated towns
and cities concurrently with such Off
GERS.
''They are specially authorized and
required by the dispensary law TO seize
without warrant all contraband liquor
while it is being transported or after
it's arrival, whether in possession of a
common carrier, depot agent, express
agent, private person, firm or corpora.
tion or 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 al
lowed to keep the same. But if such is
transporting it for another, and does
not own it exclusively himself, it may
be seized.
"a State Constable may arrest.
without warrant, for an offense
against the dispensary law committed
in his presence, but when he does so
arrest he should at. once carry the of.
fender before a trial justice, and a
warrant sworn out particularly de-
scribing the offense. In all other cases,
when other witnesses are to prove the
facts, he should swear out warrant
and arrest the prisoner under it.
"Should any trial justice refuse a
warrant, the Constable will report the
fact Immediately and proceed to obtain
one from the next nearest trial JUS
tice so as to make the arrest promptly.
When arrests are made the Constables
will carry the prisoners before the
trial justice issuing the warrant,
and it is the duty of the trial jus,
tice to commit the prisoner to jail OF
require sufficient bail. Any trial
Justice taking straw bond will be re-
moved.
"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 the trial justice of the latter coun-
ty to endorse the warrant before
he 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 war:
rant should have the seal of the trial
justice.
"This law authorizes the seizure,
without warrant, in all open lots
or all open places, including bars and
stores.
"Whenever they are informed OF
suspect that any suspicious package
in the possession of any common car.
rier contains contraband liquors, they
are required, and have power to detain
the same for examination for the term
of twenty-four hours without any war
rant or process whatever.
"When package is detained for
examination, notice should be 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 500 OF
30 days Imprisonment.
"Constables may search any depot
without any warrant, but express
cars will not be searched, except by
| special permit Of the Governor in
writing.
"For the searching Of all places, un.
| der Section %, where liquors are sold
bartered or given given away, or where
such liquors are kept for sale, barte,
or delivery in violation of the law, the
said places not being open nor exposed
warrant of arrest and search war
rant must be applied for, on persona
knowledge or information and belief
against the keeper or manager OF the
places and his aides and his assistants
whereupon the trial justice shall is
sue his warrant to the sheriff or an!
special constable, commanding him tt
arrest the defendants and bring then
before him and shall issue his searcf
warrant, commanding the search Of tn
: premises and the seizure of all liquor
found therein, and of all the vessels
bar fixtures, screen, bottles, glasse
and appurtenances apparently used o
suitable for use in retailing liquor
which said liquors and appurtenance'
shall be turned over to the sheriff
the trial justice, upon the finding o
any of these articles, shall send tn
case up to the higher court for tn
punishment required by law for main
tanning such nuisance. The tria
Justice shall then make out in dupli
cate all the papers including the re
turn Of the officers, and shall transml
them to the solicitor Of the circuit
who will apply for the judge at cham
bers for the injunction. The origina
should be returned to clerk of court t
be marked "File," copy or copie
made, the officer serving the order vii
show original to defendants and leav
a copy with each of them, and afte
making his return on the orlglna
should deposit it with the clerk.
Gail contrabsnd liquors must b
disposed Of under Section 81.
"a certificate from the State com
missioner is necessary to ship to him
unless sent by express. Packages un
der twenty pounds must always b
sent by express, and no certificate /
needed to ship. Notice Of all such seiz
ures must be made to the Governor
| j ot ni-