Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1905-08-09
WEDNESDAY. AUG. o. .eoa.
Rules Governing Dispensary Elections.
columbia Record, July 29.]

lSoluuuDld NoCOTuS Ouiy ZO.
Attorney General Gunter has received
several communications from individuals
and county officials as to his interprsta-
tion of several phases of the Brice law.
w. F. Clayton, of Florence, in letter,
amongst other things, expresses the
opinion that the State cannot be held re-
sponsible for managers pay and other
expenses of election on the dispensary
question under the Brice law, nor does
he believe the counties can be called
upon to pay them. He asks what is the
law on the subject, or how the Attorney
General construes it.
Mr. Gunter, at the outset, says that he
is not unmindful of the fact that the
constitutionality of the law is before
the Supreme Court. and if only one
Tnty were affected he would not at
S,mpt to anticipate the Court, but as
every other county has right to invoke
the law at once he does not deem it i'm
pertinent to give the benefit of his views
to administrative officers.
Quoting the law, he says it is evident
that the only way dispensaries can be
voted in or voted out is through special
elections, and the question is, does the
Law. provide for other special elections
and how they shall be conducted. Sec
tion 205 of Civil Code 1902 provides for
general and special elections according
to rules prescribed. The provisions for
special elections are found in chapter X
of the same code. The elections must
be held pursuant to the constitution"
hence, they must be governed by our
general election law. From an exami-
nation of various authorities, text books
and decisions, Mr. Gunter concludes
that where the machinery for special
elections is not specifically provided for
recourse must be had to the general cleo
tion law. Therefore, a Supervisor or
dering an election under the Brice law,
should direct the same to the commits
sioners of election; that requirements
as to size of ballots, time of opening and
closing polls, eligibility of voters and all
other requirements of the general cleo
tion law must be complied with.
1t follows that expenses must be paid
as in general election. If no funds are
available that is matter for legislative
consideration.
ANOTHER OPINION.
Columbia, July 3l.-Attorney General
Gunter, at the request of Senator Brice,
of York, has given another important
opinion as to the operations of the Brice
law as it relates to the size of ballots and
the kind used. Mr.. Gunter states in his
opinion that his view is not binding, but
1T is a clear Interpretation of the law in
times past and will cause 1t to be looked
up9p as a kind of authoritative state
IS&ft that is not likely to be denied. In
quoting the law he says:
THE voting shall be by ballot, which
ballot shall be of plain white paper, two
and half inches wide by five inches
long, clear and even cut, without orna-
mont, designation, mutilation, symbol or
mark of any kind whatsoever, and shall
be written or printed or partly written
or printed thereon In black ink. Section
2ll provides that whenever vote is to
be taken on any special question or
questions, boxes also shall be provided
and properly labeled for that purpose
a-sd the bollots therefor on such question
questions shall be deposited therein.
"The question to be submitted, to be
written or printed on the ballot, should
be "dispensary" on on one set of the bal
lots and "no dispensary' on different
set as provided for in the Brice act. This
as interpret the law, should be the
only phraseology of the ticket.
This is the view taken by this office
in advising as to the printing of tickets.
upon submitting the question of amend
ments to the constitution to the people
and other special elections to be gov
erned by the general section of the cleo
tion law"