Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1905-06-16
Mistellaasuus Readins.
THE BRicE LAW.
How Voters May Remove Objection.
able pispensaries.

Previous to the passage Of what is
known as the Brice law, the state
board of dispensary directors estab-
lished dispensaries where they pleased
except in counties that had prohibi-
tion at the time of the passage Of the
dispensary law. Dispensaries could be
established In prohibition counties only
on the approval Of majority Of the
qualified voters Of the particular COM
munities in which they were to be as
tablished. After a dispensary had
once been established, there was no
lawful provision for its removal. The
state board Of directors removed
them occasionally for political and
other reasons: but without authority
of law. What Is known as the Brice
bill was introduced with view to
furnishing the people Of incorporated
towns some protection against the ar
bitrary authority Of the state board
of directors. The bill was fought by
dispensary influences and was amended
so as to discourage the voting out OF
dispensaries, one Of the amendments
providing that counties which refused
to maintain these institutions should
be subject to a special half mill tax,
and another providing that such coun-
ties should have no part Of the school
fund arising from dispensary profits,
The law as It finally passed. and az
II now stands, Ia as follows:
Section 1. Be 1t enacted by the gen.
eral assembly of the state Of South
Carolina, that section Of an act en-
titled, IAN act to provide for the elec-
ton Of the state board Of control. and
to further regulate the sale, use, con-
sumption. transportation and disposi-
ton of intoxicating and alcoholic IL
luors or liquids on this state, and pre-
scribe further penalties for violation
of the dispensary laws" be stricken
out and that the following be inserted
In lieu thereof:
There may be one or more county
dispensers appointed for each county,
the place of business for each Of whom
shall be designated by the county
board Of control. but the state board
of control must give consent before
more than one dispenser can be ap-
pointed In any county and when the
county board of control designates a
location for any dispensary, twenty
lays public notice Of which shall be
given. It shall be competent for a
majority of the qualified voters of the
for which such dispensary is
to be located to prevent It's location
In such township, by signing a petit
ion or petitions addressed to the
county board, requesting that no dis
pensary be established in that town
ship. A dispensary may be located
elsewhere than in an incorporated
town in the counties of Beaufort and
Horny and no others, except such as
are authorized by special act Of the
general assembly.
Any county may secure the estab-
lishment Of a dispensary or dispen-
saries within Its. limits, in the follow
ing manner: Upon the petition OF
e-fourth Of the qualified voters OF
each county for an election upon the
question Of the establishment or re-
moval of dispensaries therein being
filed with the county supervisor OF
each county, he shall order an eiec-
ton submitting the question Of Dis
pensary" or mo Dispensary' to the
qualified voters of such county, which
shall be conducted as other special
elections, and II a majority Of the bal
,o.s cast be found and declared to be
for a dispensary, then a dispensary
may be established within said coun-
ty. but IL a majority Of the ballots
cast be found and declared to be
against the dispensary, then no dis
pensary shall be established therein,
and any dispensary already establish
ed shall be closed. Elections under
this section cannot be held oftener
than twice in four years.
No dispensary shall be established
in any county, town or city, wherein
the sale Of alcoholic liquors was pro-
hibited prior to July 1, 1908, except
as herein permitted, Provided:
That where dispensaries have been
established in such counties, town or
city, they shall remain as established
until removed or closed as permitted
In this act: Provided: That
A tax of one-half mill is hereby
levied upon every dollar Of the value
of all taxable property In all counties
voting to remove or close the dispen-
saries, as above provided, for the pur-
poses of defraying the expenses OF the
enforcement Of the dispensary law In
said county, under and by direction OF
the governor, said tax to be collected
as other county taxes and forwarded to
the state treasurer to be expended or
so much thereof as may be necessary
as now provided by law for such pur-
poses Any balance remaining unex-
pended at the end of the year to be re-
turned by the state treasurer to the
county treasurer Of such county for
general county purposes, and that the
value of all confiscations Of contraband
goods seized In such county as deter
mined by the state board Of directors,
sbaI, he Maid to the fund raised by said
levy for the enforcement Of the dispen-
sary law shall be refunded to the state
treasury upon the collection of the tax
above levied. Any county voting out
a dispensary shall not thereafter re-
ceive any part of the surplus that may
remain of the dispensary school funds
after the deficiencies in the various
county school funds have been made
up. as provided by law. Approved Feb
ruary 25. 1904.
e-o-e "