The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1901-07-24
CHARLEST0N'S TIGERS.
Mayor Smyth's Statement as to Dim-
culties of Enforcing the Dispensary
Law-His Longing for an Ordt.
nance Against Burglary - Action
of the state Board of Control.

of the state Board OIL eOntrOi.
The State Board OF Control held a specis
SESSION on the 10Th inst, In regard TO the
blind tigers in Charleston, at which Mayor
Smyth and Chief Boyle were present by invi
tation to show cause why the diepensary
profits for Charleston should not be withheld
on account OF the non-enforcement of the dis
pensary law. Nothing startling was brought
out and the intimations of interesting deVel'
opments did not naterialize.
The proceeding was opened with the read.
ing OF the boards resolution. Chairman VII.
l!ams stated that officially and unoft1cialiy II
had been repor ted TO the board that things
were running wide open In Charleston. The
members knew OF the violations In Charles
ton and they wished to hear about the fall'
ure Of the municipal authorities to enforce
the law.
Mayor Smyth then read statement he had
prepared. He referred to the peculiar dim
culties surrounding the enforcement OF the
law In Charleston. Its geographical position
made 1t impossible for an army OF constaoles
and police TO strictly enforce the law there
The same conditions had been apparent un.
en- forced the law with his police to the best Of
his ability. He related the difficulties en-
countered by uniformed men in endeavoring
TO locate tigers. The police, ne SAID. were
specially directed by ordinance TO enforce the
dispensary law. The city had tried detec
lives, but their names soon became known
This was the way the names of the same men
usually appeared as witnesses IN dispensary
cases.
Mayor Smyth said that uniformed police
man couldn't get up positive evidence against
a blind tiger dealer because he was not al
lowed to drink; II he did drink and so testi-
fied he would be discharged. Hence his testi.
mony along that line could not be obtained
The very appearance Of uniformed police
m an was a warning to Illicit dealers, 80 tina,
they would be prepared for their coming.
Another reason why the policemen Of Char.
lesion cannot absolutely enforce the law 1s
from the fact that in the city there are sixty.
nine miles Of street. These are patrolled oy
night and half in iday, ;snd taking the sick
list, there Is generally only about thirty or
thirty-f1ve policemen on the streets: This
gives each man over two miles to look after.
As is we'll known Charleston's population is
largely made up OF negroes and there ls con-
slant growth Of that population through ne
groes coming to the city who are OF lawless
people to attend to end If they did not 1t
would be greatly to the detriment Of the
peace and the good order Of the city.
Nevertheless strict orders have been given
by the mayor and the chief that policemen
must report all Illicit sales Of whiskey and to
cooperate with the constables in every In.
stance.
Recognizing the fact that uniformed men
could not properly carry out the law, the ad.
ministration Of Mayor Ficken appointed
three special policemen who were to be In cit
iZens' clothes. This number was later In.
creased TO ten. Their special duty was to
This was under the metropolitan police sys-
tenn, and they cost the taxpayers Of Charles
ton $1,000. Notwithstanding the records show
that Illicit sale OF whiskey went right along
After I went In as mayor and assumed
charge OF the police, under the law could
only appoint three such detectives. This |
did. But they soon became known 10 the
dealers and their worls didn't amount TO
Then the appointment of these detectives
was left to the chief of police, and the mayor
himself DID not know their nam names, nor did did
pointed even before the terms OF the other
detectives had expired. 80 that no one should
know them. Yet Of all Of the cases made out
by them none were considered by the g gran1d re-,
tried to enforce the law, and 433 cases have
been sent up TO the circuit court.
At this point, Mr.. Dukes wanted TO know
city court, and whether any ordinance had
been passed by the city against the Illicit
sale OF whiskey.
Mayor Smyth replied that the Jurisdiction
of the recorders court was quite limited. 1t
could not hear cases Of burglary, for instance.
Mr.. Dukes insisted that all cities had been
instructed. under Governor Tillman's admin.
istration, to pass ordinances against the Illicit
sale Of whiskey. and he insisted that Charles
ton had such an ordinance.
Mayor Smyth replied pleasantly that he
had studied the ordinance Of Charleston
quite thoroughly and he knew there was 10
special ordinance on the subject, as the State
law fully covered the matter.
Mr.. Dukes insisted that all cities had
passed such laws
Whereupon Mayor Smyth asked whether
there was such an ordinance In Columbia
and whether the police enforced the law In
this city.
heard that Columbia had q special ordinance
on the subject and he had been informed that
the law was enforced here in part. at least.
OF has ND
one which existed before the dispensary law
went into efectl
Mr.. Williams asked whether the mayor
could give any instance where State law
was not enforced by special ordinance.
Mayor Smyth replied that the State law
absolutely prohibited the sale OF anything On
the Sabbath, yet by ordinance in Charleston
milk and ice and fruit and soda water could
be legally sold without police interference.
Mr. Dukes asked whether the city ought
not to pass law against the sale OF LIQUOR
and have the vioators tried in the recorders
court If the city officials wanted TO enforce
the law?
Mayor Smyth said he doubted the legality
Of such q law. The recorder can't try man
for burglary and some other crimes. His
jurisdiction is extremely limited, and an ef-
fort was made to enlarge 1t at the last session,
but 1t didn't 60 through.
Mr.. Williams, and later on Mr.. Dukes. asked
ton did not dominate the politics Of the ooun.
ty, the idea being that II the people wanted
to enforce the law they could secure juries
who would do their duty.
ment OF Charleston had absolutely nothing
to do with the State courts held in the city.
Mr.. Dukes asked whether Charleston city
could not do something politically to force
the appointment OF jury which would do
its duty.
Mayor Smyth said that so far as politics Is
concerned the people Of Charleston ruled the
county, but that jury commissioners were
OF hfn fknf
city government had nothing whatever to
do, nor did any man In 1t attempt 10 exercise
any influence,
Mayor Smyth then proceeded to read his
non-enforcement Of the law on the county.
Who may be responsible for IL he did not
state. He showed clearly that the grand jury
would not bring in true bills, though indis-
putable evidence was given the jury by po-
lice officers in uniform and by detectives. He
said the city government could not justly be
held accountable for such q condition Of af-
fairs; that Chiefs Sellers and Howie, who
had been in Charleston, would bear him out
in the statement that the police force always
co-operated with the constables.
Chief Howie, stationed In Charleston, was
in the building at the time, and at Mayor
Smyth's request he was called in. The mayor
read over the statement he had made about
the police cooperating with the constables
and Mr.. HOWE positively substantiated the
The mayor concluded by calling upon the
board to consider the facts presented to it,
and adding that both himself and Chief
Boyle would be glad to receive any sugges-
tions from the board as to how they could do
better.
There was much discussion as to the advis
ability and the effect Of passing dispensary
ordinance and having the police bring cases
before the recorder for trial. Mayor Smyth
made the statement that the profits TO the
city had never exceeded Sl4O90.
Chief Boyle called spade a spade" and
told the board that no power could absolutely
enforce the dispensary law In Charleston.
He passed over with contempt the charge
that the police had been tanned" He said
that the dispensaries aud beer privileges sup.
piled half the bind tigers in Charleston.