The Brunswick news. [volume] (Brunswick, Ga.) 1901-1903, 1902-04-06
PELHAM PEOPLE
WET WHISTLES
THEY RUN DISPENsARIES NOT
WtrHsTANDINc COUNTY IS A
PROHIBITION ONE.
Legislature Repealed Act Creating
the Commissioners Of Body
Corporate.

Camilla, Ga, --pril 5.-Possibly the
town of Pelham, in this county,
stands alone in the unique distinction
OF having in operation dispensary
system created by ordinance of her
city council
The dispensary, however, just at
this time, is sailing with difficulty
over troublous seas.
Mitchell county, under the provis-
ions of the local option law, is dry.
1t is, therefore illegal for persons"
to engage in the sale of liquors with
in the county. But in the case of
Bullet ct al V. Merritt, that went
upon from this county after the
adoption of the provisions Of ,4e
local option act did not bind the dis
pensary commissioners of Mitchell
county, they being a public corpora
tion and a branch Of the government.
and therefore that the dispensary
could be operated in the county by
sucn commissioners regardless OF the
fact that the county was dry"
The last legislature repealed the
act creating the county commission
ers, a body corporate under the name
Of the "dispensary commissioners for
the county of Mitchell"
The repeating o. the act authoriz-
ing the dispensary system would seem
10 make the county ana towns in the
county hopelessly "dry, until another
election
But the city council OF Pelham.
acting under the advice OF counsel,
created an ordinance creating a dis
pensary system for the town of Pei
ham, creating the office of dispensary
commissioners for SAID town, provid-
ing that no appropriation of the city
funds should be made to said dispen-
sary, that the city should not in any
event be liable for the debts OF said
|dispcnsary and that the profits aris-
ing from the sale should be turned
over by the commissioners to the
cnailman Of the school board of the
town.
Certain citizens or Pelham, oppos-
ing the dispensary, last week sued
out petition for injunction against
the mayor ana council of the town
of Pelham, praying that they be en-
joined from further operating the dis.
pensary unaer the local ordinance.
The defendants answered by saying
that they were not operating the di
pensary, neither directly or by agents.
and setting up that the dispensary
commissioners were not the agents of
the town and could in no wise bind
the town. Plaintiffs admitted that no
appropriation Of the towns funds had
been made the dispensary. Where
upon Judge Spencer, on April l, re-
fused the injunction, and suggested
selling liquors In violation of the law
that if the dispensary managers were
they We're criminally liable Ana i'm.
mediately after the injunction sought
was refused, the parties opposing the
dispensary swore out a warrant for
G. W. Bowen, manager of the dspen-
sary, for illegally selling liquor in the
county before the judge of the city
court here. Bowen walved commit
ment trial and demanded indictment
by the grand jury, and his bond was
fxed at 500.
The managers say they intend to
keep the dispensary open and in op.
GRAFTON, while the opponents say they
viii swear out new warrant eacI
day the dispensary is operated. In
accordance with this statement. an
other warrant was sworn out for thu
dispensary manager today.
And SO it will go merrily on.
being three weeks before the supe-
rior court convenes here. if the op-
ponents carry out their present policy
the manager of the dispensary will
be arrested every day for the next
twenty or twenty-five days.