The herald and news. [volume] (Newberry S.C.) 1903-1937, 1905-05-23


ton OF the law the following pro-
vision appears in Section sos, which
IS not only not inconsistent with tie
above powers conferred upon the
Safe board. but upon this subject is
cumulative and most specific: The
dispenser and his assistants shall re-
ceive such compensation as the board
OF State directors may determine
Now it should be noted that the
lawn1aking power did not use the
word salary" or by any phraseology
suggest that an amount should be
"fixed' as a compensation, but au-
thorized the board to determine
compensation, leaving such solely to
the discretion OF the board. CON-
Densation is defined as "a recon-
oense or a reward for * x service,
and is broader term than salary
(6 Am and Eng Ency Law, 2 500,
following Courts of last resort) 1t
follows, therefore, that the State
board may determine the recon-
Dense Or reward for the services OF a
dispenser, whether such be a salary
large or small, fixed or variable; or
an amount based upon the quantity or
value of the articles sold. Whatever
virtue there may be in the suggestion
that it was the spirit of this law that
fixed salary should be paid to
dispenser to negative any motive tor
an increased sale of intoxicants, and
that, therefore, the law should be
interpreted accordingly, fails to ap-
peal to consideration of the matter
in the face of the no uncertain
phraseology Of the provision quoted,
the terms of which cannot be given
any other conclusion than herein
reached. If such question Of policy
be involved it is for the consideration
Of the State board, which is given the
latitude above suggested.
Replying to your second question
beg to advise that under the d1sPen-
sarv law it is legal for dispenser to
bottle beer on the premises. AS
already cited, the State board under
Section $50, shall prescribe all rules
and regulations, not inconsistent with
the law. for the government OF
the county dispensarles, and IN
Section $50 it is directed that the
county board Of control shall make
such rules as will be conducive to the
best management of the sale OF lntoS-
icating liquors in their respective
counties: Provided, all such rules
shall be submitted to the State board
OF directors and approved by them
before adoption" That granting
such bottling privilege is not "1ncon-
sistent with the law is confirmed
!! by Section sol, OF the dlsPehsd1y
law, which provides:
The dispensary commissioner shall,
before shipping any liquors to dlspen-
sers. except lager beer, cause the
same to be put into packages OF NOT
less than one-half pint nor more than
five gallons, and securely seal the
same. and it shall be unlawful for the
dispenser 10 break any OF such pack
ages or open the same for any reason
whatsoever. He shall sell BY package
only. and no person shall open the
same on the premises: PROVIDED,
that this section shall not apply 70
malt liquors shipped in cases or kegs
or bottles thereof shipped in barrels;
and such malt liquors may be sold by
the county dispenser in such guam
titles, of not less than one pint, as
ne may see proper: Provided. the
same shall not be drunk on the
premises. Dispensers shall open
their places OF business and sell only
in the day time, under such rules as
NAV be made by the board Of State
directors, or by the county board OF
control with the approval of the
State board of directors"
As this section allows a county dis
penser to sell malt liquors shipped in