The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1899-02-01
THE STATE BOARD
OF CONTROL.
Attorney General Belilnger
Defines It's Powers and
Limitations.
The Actior OF the Bosrd Of Con-
troI of Sumter Considered.

fines the powers aDd limitations o.
the State board of control. The
decision is as follows
Golumbia. S. G Jan q, 1895
Hon. Leon ] W Williams, MembeE
State Board Of Control, Columbia, s.
Dearsn: lhis Office is in receipt
Of your letter Of tie 18th instant il
which yon say
ssThe board of control of Sumter
county had advertised their intention
of the election of dispensers for the
for the town of Sumtersand the town
of Mssesville, 10 take place on 9
gwen date. Twenty days or nsore
before that date petitions we're made
by citizens Of Sumter county TO The
connsy hoard of control asking that
they be appointed assnch dispensers.
One Of the petitioners had made
application TO be appointed dispenser
al ssae town of Mayesville This
application was twenty days or more
before the date of appointment, and
oa HE day advertised by the county
board they did make this appoint
mens, bot appointed the petitioner
FOR the town of Mayesville 40 dis
pensar for: the town Of Sumter The
incumbent dispenser at the town Of
Sumter denies the regularity and
legality Of the appointment of his
successor on the ground snat the
county board of control had no right
10 appoint she petitioner for the
Mayesville dispensaIy to succeed
himself ID the Sumter dispenssTy,
and has refused 70 surrender his
Office 10 his newly appointed sue.
scessos.
THIS matter has been referred to
the State board of control by the
parties at interest, including also the
county board of control. The newly
appoirted dispenser and the county
board Of control deny that the State
beard Of control is vested with the
power 70 review their action in this
matter. and we desire your railing on
these specific points
.Fiirat Have the county board os
control the legal rigat latter the
election OF appointment of q dispen
gser to designate . different locality
for the performance of the functions
of his ofice than that applied for,
nnder the law requiring applications
10 be fled twenty days before the
date of such election
Second. Is their contention cor
rect that the State board Of control
has no power 20 review thsif action
ID this matter ?''
Your questions will be answered in
the inverse order 10 which they are
ssked.
First. As to the power of the
State board of control to review the
action of the county board of control
:n che matter to which Jon call the
attention cf this Office
The State board Of control has q
supervisory control of the affairs Of
the dispensary, and as State insti-
tation, tie powers over ali of It's
officers, while great, are not plenary
The Same act creates the State board
OF control, the State commissioner.
The county board of control aud the
county dispenser. and defines the
duties of all Ii is true that it is
stated in Section 2 that "All rules
and regulations governing the State
commissioner of county dispensers
il the performance of any of the
duties cf his Office. where the same
ARE not provided By Law, shall be
prescribed by the State board OF
control But, as is evidenced by
the wording of the portion of the
act quoted, the power therein given
does not extend to. nor in any man-
ner affect, the selection of county
dispenser. In Section Y it is said !:
s.Said county boards of control shall
make such rules as will be conducive
80 the best management of the sale of
alcoholic liquors in their respective
counties, provided ali such rules shall
be submitted TO the State board of
control and approved by them before
adoption which indicates that in
purely local matters pertaining TO q
county dispensary the county board
of control has powers not intended to
be given primarily 70 the State board
of control, out, at the same tine.
shese powers are to be exercised sub
jecs 20 the supervision of the State
boafd of control Section 6 also pro-
vides that tie State board of control
shall appoint the county. board OF
control. The members of said coun
sy board are then to qualify and are
commissioned as are other county
r,Rners snhieck 70 removal for cause