The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1896-01-29
THE DISPENSARY.
A Ringing Charge from Judge Earle.
In his charge to the grand jury last week,
Jndee Earle among other things said:

In his charge to the grand jury last week.
Judge Earle, among other things, said:
You are expected 70 make full and careful
Investigation OF the dispensary. The dispen-
TO report any violations of this law that may
come to your knowledge; It is not for you, or
for me. TO consider whether this last be wise
among our statutes. The Legislature has en-
acted IT, and all persons must obey It. The
object Of this law is to minimize the evils re-
sutipg from the 0I az ba 1
practicable, and In order to control this great
evil, in some measure, the State has under
taken to regulate the sale OF whlskey, wine,
and to prohibit such sale by other persons.
The enforcement Of this law has been at
tended with great d difficulties and at the ex-
pense of much blood and treasure. But while
this is 10 be regretted, still 1t was proper to do
whatever was necessary TO compel obedience
to the law.
1t is not only your duty to investigate and
law In your county, but 1t is likewise incum.
bent upon you TO investigate and report
whether your County Dispenser Is discharg-
ing his duty In proper manner. Look care
fully into this matter. l make no charges
against this officer, as presume that he ts
good man and that he is doing his daty es re-
quired by the statute; but as said to you In
reference to the other officials OF your county,
you must take nothing for granted, but must
satisfy yourselves by actual investigation and
examination that "all Is WE'LL"
In this connection, 1 will call your attention
to one of the most important provisions OF
this statute:
"Before selling or delivering any intoxicat-
ing liquors TO any person, request must be
presented toithe County Dispenser, printed, or
written In ink, dated OF the true date, stating
that he or she is OF age and the residence Of
the signer, for whom or whose use 1t ts re:
quired, thequantity and kind required, and
his or her true name. and the request shall be
olx he 1fnov, ~, n TO frt1a
and signature, ,attested by the County Dis
penser or his clerk who receives and files the
| request. But the request shall be refused II
| the County Dispenser filling 1t personally
he Is intoxicated. or that he is In the habit OF
using intoxicating liquors loan excess; or II
the applicant Is not SO personally known To
or deIiVeriSe said ieuor. he shall reonire the
statement Of a reliable and trustworthy per
son of good character and habits, known per.
sonally, to him, that the applicant ia not q
| minor. and is not In the habit OF using intox.
| icating liquors to excess.
Requests forl purchase Of liquor shall be
| made upon blanks furnished by the County
Auditor, In packages OF one hundred each, to
the County Dispensers. from time to time as
the same shall be needed, and shall be mum.
bered consecuLively by the Auditor. The
blanks aforesaid shall be furnished TO the
troll, In uniform books, like bank checks, and
the date OF delivery shall be endorsed by the
County auditor on each book and receipt
taken therefore and preserved In his OF
cation in the original form and book, except
the filling of the blanks therein, until re-
turned to the Auditor. When return thereof
is made the County Auditor shall endorse
thereon the date OF return, and file and pre-
serve the same, to be used in the quarterly
settlements between such Dispenser and the
County Treasurer. All unused or multilated
blanks shall be returned or accounted for be-
fore other blanks are Issued to such County
Oh or before the tenth day of each month
each Dispenser shall make iull returns to the
County Auditor Of all requests filled by him
upon blanks 10 be furnished by the State
Board of Control for that purpose, and &C.
| company the same with an oath, duly taken
and subscribed before the County Auditor or
la Notary Public, which shall be in the fol-
lowing form, 10 wit: "I,....--.....-., being
duly sworn, state on oath that. the requests
were received and filled at my place OF busl.
ness under my permit during the month OF
............., 1S9.. that / have carefully pre-
| served the same, and that they were filled up,
on, as provided by Law; that said requests
we're filled by delivering the quantity and
Kind Of liquors required, and that no liquors
have been sold or dispensed under my permit
requests herewith returned: and that have
faithfully observed and complied with the
provisions OF my bond and oath taken by me,
thereon endorsed, and with all the laws reat-
| Ing to my duties In the premises"
Now, in some Of the counties OF the State, II
has been brought to my attention that the
dispensers have disregarded these important
provisions Of the statute. and have been fill
quests' 10 be signed. do not know that the
dispenser in this county has done 80. but II he
has, I charge you that he has violated the
law, and 1t would be your: duty TO present
| n i'm n.
tended to be tenn oerance measure. and as
take It, the purpose OF this special require
ment is two. fold: first, to lessen the opportu-
nifty OF getting wbiskey-to make IL more dif.
fcut to procure It and, second, that there
should be check upon the dispenser. You
observe that he Is required 10 account for "all
unused or mutllated blanks" and to return
all blanks that have been filled TO be used by
him In his settlements with the County Treas
urer. Now, if he be allowed to fill orders
sent TO him for whiskey. what would prevent
him from selling whiskey on bis own account
-or from running blind tiger, as 1t is called,
in competition to the State?
| Now, no one has the power to authorize tn e
Dispenser TO sell whiskey otherwise than the
Instance, would have no power to give such
direction. II this Board has done 80, 1t has
exceeded its authority, and such direction
would not Justify the Dispenser In violating
the law. No officer, or set of officers. can add
one jot or little 70 this statute; 1t would be q
dangerous precedent for any official, however
high. 10 attempt to dispense with the plain
requirement OF the statute
II the statute be carried out as 1t Is written,
1t will prove, as hope, blessing; but II
those In charge of this department be permit
ted TO disregard its requirements, 1t may
prove 10 be curse.
The question should not be how much reve-
nue. can be made for the State but how can
the sale of whiskey be best controlled 80 as to
| mi inimise the evils resulting therefrom? The
State should make only so much revenue out
| OF the sale of alcoholic stimulants as will be
| necessary to defray the expenses OF State con-
troll. The schools OF the State should not be
supported by money procured from the sale
| OF whiskey. II our children cannot be edu-
Gated except by such means, then 1t would be
better for them not to be educated at the pub
| lie schools.