The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1897-04-14
CAN'T KEEP LIQUOR

In Your House Unless 'Tis
Official or Stamped.
By reason Of an equally divided
scourt the State supreme court has
rendered decision to the efec. that
man cannot keep two and a.half
gallons of whiskey in his house for
his own personal use, without the
commissioners's stamp upon it with
out laying himself liable to criminal
prosecution under the dispensary
law
The decision was rendered IN the
case Of Andersen Chastian, and the
iud dgment Of the circuit court below
stands affirmed. Chief Justice
McIver and Associate Justice Gary
have fled very strong opinions
against sustaining the finding of the
lower court. Mr.. Justice Jones files
the opinion on the other side. in
which Associate Justice Pope con-
ours. In the Florence case recently
decided, in which the court was
equally divided, the appellants have.
submitted request that rehearing
be granted before all the judges sit
ting en- banc. No doubt similar
request will be made in this case
Chief Justice McIver, in his opin
ion, thus presents the matter 10 sub
stance:
The defendant was found guilty
and sentenced to pay fine of S100..
OF go on the chain gang for three
mouths for having in his possession
two and a half gallons of corr whis
key. WHICH had no State stamp on it.
On this judgment an appeal was
taken to the supreme court of the
State.
The appeal was, taken on the fol-
loving grounds in brief:
First. Because his honor erred in
charging the jury as follows "The
question is did he have liquor there,
keeping It there without any stamps
On it? IF so, he must show that
either he bought it through the reg
nlar channels, the dispensary, or that
he obtained it from the State com
missioner the proper stamps to be
put on it. 2 and should have charged
the jury instead that the keeping of a
small quantity of liquor in his dwell
ing house for his own use and not to
be battered does not constitute
crime.
Second. Tha. it is only the stor-
ing or keeping in possession of al
coholic liquors for come unlawful use
or purpose, which is made an ipdict-
able ofense by statute. and his honor
erred in not SO holding
The chief justice states that from
The testimony, the State constables
found in the dwelling house, while
defendsnt was absent three gallon
ing containing about two gallons of
whiskey. which they seized. because
there were no stamps upon it from
The State commissioner. There was
no testimony to show that the whis-
key was for sale or any other unlaw-
sul purpose or that the defendant had
ever sold whiskey. On the contrary
the defendant stated that he had OBJ
tanned the whiskey about three weeks
previous for his own personal use
and for no other purpose. because he
was in bad health and needed it !;
that he lad never sold any whiskey
sud could not tell how much of it he
had used before it was seized 1t
was admitted that the whiskey had
not been bought from a dispensary,
and it had no stamps on 1t The
charge of the circuit judge was as
follows: "The Indictment is for
storing and keeping in possession al
cobolic liquors If man under
takes to keep liquor he must have
the stamp of the State commissioner.
The question is did be have liquor
there, keeping it without any stamp,
if so he must show that be bought it
from the dispensary or ehat he OBJ
tained from the State commissioner
the stamps to put on it The law
prevents this storing of liquors.
shows how it may be kept safely
without any trouble, and if man is
not minded to put himself to that
trouble, then he will have to look out
for the consequences
The chief justice goes on to say
that the circuit Judge proceeded upon
the theory that it is an indictable Of
fense for person to have in his
possession alcoholic liquors. even for
his own use unless the required
stamps are upon it. In the first
place the Indictment does not charge