The herald and news. [volume] (Newberry S.C.) 1903-1937, 1905-01-10

bur do not hesitate to add that much
yet remains to be done. In some 10
c;alities, as is well known, juries refuse
TO convict, thus necessarily placing the
entire burden of enforcement upon the
constabulary. This complicates and
increases the difficulties which are al
ready sufficient in themselves, and in
such localities it seems impossible 10
have the law strictly enforced.
Without seeking any explanation Of
these reasons, prejudices and objec-
tionS, the fact remains that they do
exist, and, furthermore. they present
the most serious obstacles toward
legitimately carrying out the spirit OF
the law. In considering this problem
T believe that the time has come when
We should be perfectly frank in dealing
with it. Nothing can be lost by this.
and such a course will in the end lead
to better understanding. IN the first
place, I wish to be fully understood.
1t is the duty OF the governor to en-
force the laws as they appear upon the
statute books, making them apply alike
to every section. This I have endeavor-
ed to do, and this I shall continue to
do, SO long as the responsibilities of
your chief executive devolve upon
me.
With no desire to evade this respon-
sibility, I deem it my duty to mention
one aspect Of the dispensary situation
as expel renee has revealed it to me.
Since I have been in Office have done
my utmost to strictly enforce this law
in Charleston, with the result that I
have been able to improve conditions
only by the suppression of fragrant and
open violations. Mayor Rhett has
given official aid, but our combined eff
forts have not apparently accomplished
more than is above indicated.
There are few in Charleston who IA
vor the dispensary, which, although
it has been in operation for more than
a decade, is strongly opposed, and has
made but few converts. There are
those in Charleston Nho favor its en-
forcement because it is the law, and
in my efforts to enforce it I have been
accorded by them a strong moral sup
port, for which I am deeply grateful.
The location of the city, with its ex-
tensive water front; the inability Of
the constables to make seizures before
shipments are delivered to the con-
signee; the. large number of places
where liquor is Illegally sold: these and
many others, make a combination Of
difficulties which it seems impossible to
overcome. Trials by juries have proven
Intellectual, and the resources Of the
law. have been appealed to, time and
again, but the illegal sale Of liquor
continues. In giving you information
concerning the condition of the State,
as am required to do, have thought
it best to state these facts to you plain
ly. It is my conviction that this is
also a part Of my duty, and, though
for many reasons would prefer not to
do so, the situation has been brought
to your attention.
! The chief constable calls my atten-
! tion to the fact that he is much him
| dered in the general enforcement of
this law by the existence Of so-called
social clubs" etc. These clubs pretend
to operate under charters granted by
the secretary Of state, but in reality
they are only places for the premis-
cuouS Illegal sale of liquor. In grant
ing charters, the secretary of state
acts in a ministerial capacity, and
must, therefore, grant a charter for
any expressed purpose. I recommend
that the laws governing the granting
of StSzSSSs charters be amended, so that
they snGil not be granted until, 60
days published notice has been given,
and that the secretary of state be
given authority to refuse such char
ter upon an affidavit by the chief State
constable that he has reason to be-
lieve that the applicants intend to vio-
late the dispensary law. Should the
officers or employees of any such club
or organization be convicted of violat-
ing this law, I would further recon-
mend that the secretary of state be re-
Quired to revoke any such charter
,, heretofore granted.
Lawiessness.
At the last session Of your body I
sent a special message upon the sub
jects of lynchings and lawlessness.
This conceived to be my duty at the
! time, and I regret to add that subse-
quent developments have not changed
my opinion. So important should be
the consideration given to this sub
ject, that must again bring the mat
ter to your attention. Before making
any further statement, I shall here
quote from the special message re-
ferred to, and renew my former recon-
mendation.
The governor is popularity credited
| with power to prevent and punish out
RACES against the State. In reality he
I is practically powerless. When mott
fed, he may sometimes frustrate the
mob by the employment of troops, but
when the crime has been committed,
MS nd!lQS are really lieu. LII liIS A1ed1i-
time, the spirit Of lawlessness is un-
checked. A band Of laWless men may
feel secure in taking the life of fell
low being on almost any preteXt.
! This deplorable condition should be
| remedied. To compel greater respect
the proper respect-for the majesty of
the law. recommend the enactment of
special Iegislat ton in reference to lynch
ings, in order that the great response
, bility Of officials directly charged with
the enforcement of the law may be
; brought home to them, and that more
effectual measures be taken for the
apprehension of persons who take the
law into their own hands"
! I am. convinced thatNthis matter
-hould receive more COILS ~ ton than
was given to it at your last session.
There is nothing SO important to any
State as to have it's laws properly re-
spected, nothing which strikes deeper
at the roots of its civilization than
to have these laws disregarded. It is
absolutely necessary that all crimes, of
whatever nature, should be punished
; through the legal channels-through
! this source alone. The power and ma
! jesty of the law should be brought to
! bear, as far as possible, upon lynchlng
for any and for all crimes. There is
i no alternative.
| Lynching for one crime leads to
! lynching for other crimes. and thus
/ lawlessness is substituted for law.
! Surely experience leads to this inev-
! table conclusion.
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