The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1899-02-01

De QeemeQ bruSC EepOSeu III auo ioCi
pient thereof. not as matter Of right,
| bot of confidence, and may be re
voked upon sufficient showing by
| order Of the county board of con-
troll" referring to the appointment
G: county dispenser, Section 81
! ..On the death, resignation or re.
| moval of the county dispenser, or
expiration of his term of Office, the
county board of control shall appoint
his successor" Ibid
In Section 6, setting forth the pre-
liminary steps TO be taken i.y peti.
ftion by one desiring to be county
dispenser, reference is made 10 the
meeting of the county board Of con-
troll at which the application is to be
| considered
10 the case stated 10 Jour letter the
question is distinctly raised as to the
powers of the county board of control
in appointing successor to the ineum:-
bent dispenser iu :be town OF Srnser.
aud It would seem that the quotations
! called to your attention are conclusive
as to the vant Of power by she State
board of control to review the aston of
ttbe county board Of control in the
premises. As 10 sbe case oil other
county officers, dispenser who is
illegally holding his Office against ooe
who hes a superior right to the same
I can be removed shrough she courts,
without reference to anything contained
10 the dispensary Law.
Il is the duty of the incumbent as
dispenser at the town OF Sumter to
bold, and to coasinae to hold, his Office
unsil his succassor is duly appointed
andrquaii6sd. aud. if the ciaiuans for
the Office is satisfied Of bis legal title.
the courts. and the courts aicne. are
the proper place for him to try that
title. There is no legal obligation
upon your board 70 take cogoisance of
the condition Of affairs. sud it wouid be
asiolas,eD of the Law ii yoI attempt to
exercise any power By intervention or
otherwise.
This muoh With reference solely to
the question at issae between the two
conterdipg parties mentioned in your
letter, but. inasmuch as 10 Section Y
your board is given the righs to ,emove
the county board Of control for cause,
il Is clearly your right. .as it world be
your dsy, to investigate the conduct
OF the county board of control, and it
is is winfuHy violating the law. or
using It's well.de6ned powers for per
sonai benefit to the detriment of the
State. the county or the dispensary
systen. your course should be easily
determined npou Then, inasuuoh as
a new county board would presumably
do It's duty 10 the premises, the evil
which appears,to exist would be easily
and legally cured.
Il may, perhaps, not be out Of place
to call your attention to the fac. that
where you have good reason to believe
that one claiming to be tho county
dispenser is nos such by proper appoint
ment by the conoty board, and duly
qualified BY taking the required oath
and glEiog bond. you would be aerelics
10 yoar duty were you to recognize him
ss dispenser By shipping to him liquors
and other supplies. property cf the
State, of which you are the trustees.
Second. Having. IS 1t is hoped,
clearly shown your lack of Jurisdiction
to review the action of the county
board of control, it is not deemed
necessary to go folly into the question,
which you 6res ssk. as to the right of
the couosy board Of control to designate
different locality for the performance
of .he functions Of the efi,e of eouasy
dispenser than that applied fer.
Upon this point the law is net ss clear,
and deaniee in i,s terms as could be
wished, aud ioasmuea ss there are 90
precedscss at hand an opinion must be
veutnred which may, or may not. be
sustained By the Courts should the
matter ever be properly brought before
them 1nssmuoh as tbe place or
locality in each county in which liquors
are to be sold seems to have had im-
portrait. consideration 10 several $50
tions of the Act, it would seem that the
Law contemplated thss the petitioner
should not be permitted &c apply 50
dispenser at one point, sud then be
selected upon the day when his petition
is considered to take charge Of a dis
pensary at another point. Is is easy to
conceive thai 10 she case now under
consideration the party wbo applied for
.he place as dispenser at Mayssv!ile
might have bad DO opposition fer that
position. Where. If it bad been knowo
chat he vas applying for the position a,
Sumter another person more eligible
n.I 90 tho hna ~ r.