The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-02-28
WILL NOT SEARCH PRIVATE HOUSES

WILL NOT SEAhCh XXI LIZ nOOS<1o
Last week The Herald and News
stated that, under the Dispensary law,
the constabies had the right to search
private houses without warrant, and
that was also the conclusion we reached
from the construction placed on the
law by the Attorney-General. We find
the following interview on the subject
from Governor Tillman, which we pre-
sumo is the law, despite what the act
says or the construction placed upon
it by the Attorney General. The Gov
crnor is somewhat of law unto him
self and whatever he says goes, aad we
are glad for the sake of peace and good
order that he does not intend to put his
eonstables to prying into private resi-
dences: .......
ssWhen the dispensary bill was on
its passage it was announced by the
opposition press that the right to search
private houses was in the bill. 1t never
was there, never was intended TO be
there, and nobody wanted it there or
wants it there now-I mean the right
to search private house without 8
warrant. This falsehood has been sent
broadcast over the State with the Oh
iect of prejudicing the people. We
don't wish to search any dwelling, but
If we find man selling liquor from his
residence we will get warrant and
search the premises, seizing his stock
in trade"
AS we said, we were only going by
the printed Act and what the Attorney
General said. Now, lest some one may
be mean enough to accuse US of max
ing the statement through prejudice,
as has been done by the organs and, IN
fact, as Gov. Tillman does in this very
interview, we want to quote section 25
oftbe printed set. It reads:
:'See, 25. That any of the liquors set
forth in Section one a. OF this Act
which are eontraoa1d may be- seized
and taken acithoaE aCGTTGnt by any
State Constable, Sheriff or policeman,
while in transit or after arrival, whether
in possession of q common carrier,
depot agent, express agent, prsvatepeT-
sog. firm, corporation or association,
and reported to the State Commissioner
at once, who shall dispose Of the same
as hereinafter provided" The italics
are ours.
Now, the words, tprivate person" +"
naay not mean a mans house, but
where else would q private person keep
his liquor? The eenstables, eertaisly,
are not prohibited from searching q
private house under this section. Un-
der section l, all liquors of whatever
kind, when used bya private person" d"
"film or corporation" as beverage" j"
are declared ''contraband," unless
'.bought from State officer authorized
to sell the same" Not only so. They
are declared to be 'sagainst the morals,
good health and safety of the State" "
But if bought from the State, you may
use it as 8 beverage, or as you please,
and it does not affect the morals or
ssgood health" or ''the safety Of the
State.n That is great distinction,
isn't it?
Weare told that the Senate amended
this section by inserting the words,
'selsewhere than at his or her resi-
dencs,n after the words Iprivate per-
son. but some how they do not ap-
pear in the printed Act.
Gov. Tillman should examine the
printed Acts. But we suppose his in
serpretation of the Act IS law and that
settles it. Our only reason>in referring
to this matter now is to show the au-
thority for the statements made. We
leave it to any unpzejudiced person to
say whether the statement, that con-
stables had q right to search private
houses without warrant, was not q
legitimate conclusion from the section
here quoted.