Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1905-11-15
WILL GET NO PROFITS
Law Does Not Allow Dry Counties
to Participate, - 81.

opinion from the office Of the attorney
general. 1t was rot to be expected
that Cherokee would be a beneficiary
as the dispensaty was voted out Of.
that county last year, and it was not
supposed that Marlboro and Green
wood would receive any Of the fund.-,
for they had had no dispensiaries at
any time.
Following is the case as stated by
The comptroller GENERAL Iii hi5 latter: y
II have received several communi-ss
cations in reference to the distributions
Of the profits fli3h Tie State dispen-
sary belonging to the State. school,
fund, under the provisions Of section
1875 Of the code of 1902; as amended
as the Brice bill, "a stats, 4S7, Several
N 1899, % stats, 1l2, and as fur;
5her amended by the act commonly
known as the Brice bill, "a, stats, 4SS7:s
Several counties in the State have,s
since the passage Of tile last mention
ed act, voted that no dispensary shall
be located within tliein. atid the actS;;
provides any county voting out a dis
oensaly shall not thereafter receive;
my part Of the surplus that may rezs
main Of the dispehsary school funds,s
sfter the deficiencies Iii the variousE
county school funds have been madess
Up as previously provided by Laws.
cit seems clear that my duty8is,5
:irst, to apply SO much Of the net tin
come derived by the State from the;
sale of liquors under the dispensarys
law as may be necessary to equalNes
The deficiencies existing III the various
counties in the State after the appli;ss
cation Of the three mill tax and the
poll tax to run the public schools fosS
the time fixed bS LAW, s|sS
II desire TO be advised, first, wheth-.S
Ell the counties which have voted .ont--
the dispersaries within their borders:
are now entitled to receive any part
Of the surplus that may remain ofsthes
dispensary school fund after these de-!
iciencies above mentioned have BEEN
equalized. zsss ss:
"Second, are such counties entirelYss
excluded frcil participating i'll the dissss
tribution now to be made, or are they
TO be allowed a pro rata share Of sucIs
surplus i'll proportion to the time DUR
ing which said profits were earned andS
dispensaries were located in suells
counties. sslIs;s
"There is another class Of counties;
embracing Greenwood and Marlboro:
which have no dispensary and never
have had any. For this reason they
have never voted out dispensary as.
specified in the Brice act above refer
red to. Are those counties deprived
of the benefit Of sharing in these sur.
plus school funds, or should they con-.
tinue to share in the distribution Of
such funds as they have done prior to
this time9
Mr. Youmahs on behalf of the at
torney general expressed the opinion
Of the Office in the following language:
"Answering Your 1etter of Novem-
bcr 4th to the attorney general asking
to be advised in reference to the dis
tlibution Of The surplus that may re-
main of the dispensary funds after
the deficiencies in the various county
school funds have been equalized, as
provided by the act Of 1899, | beg to
say, first:
"That in my opinion the Brice act
is clear in directing that any county
voting out dispansaly shall not re-
ceive any part of this surplus. The
statutes providing For the distribution
by the comptroller general refer to
the distribution Of these funds as
they come into the State treasury, sub
iect to his order. 1t does not contem-
plate his undertaking to ascertain
when or where there profits were carn-
ed. AS soon as the funds reach the
State treasury, subject to his order,
it is his duty to distribute them under
the existing state of facts.
elf, when you undertake to make
this distribution, you find that certain
counties have voted out the dispensar-
les within their borders, you cannot
pay over any part of these surplus
funds to such counties in face of the
prohibition of the statute that they
shall not receive any part of such
surplus. Such counties are entirely
excluded from participating i'll the
surplus.
GAS to the counties of Greenwood
and Marlboro, mentioned by you, they
do not come within the terms Of the
act, counties voting out dispensary
and are therefore entitled to share.
with the other counties of the State
in the. general distribution of the sur.
plus. These are the views OF the at
torney general. -
After all there is very little so far
to quarrel over, as but two payments.
of profits have been made since JAN
uary 1st. One of these was $6S,5:a.T7
on the 10th Of January and the other
was $4,000 on the 7th of October,
Tie total amount of surplus divided
last wear was 1916, 6,456.55. Of which
the now prohibition counties receive
a fourth, according to the following
figures:
oconee. -. ......s 5,G36.ol
pickens.. -. :. 4,414.66
Cherokee. 49,. ,439.3S
York. 49,. 49,. 9,3476S.
Lancaster. 9,347.6S
Lancaster :. ...... =. 5,661.7S
Union. ...... 5,451.16
Sew1,erry.. :. 6,376.24
Iarion. -. ). 7,214.24
Darlington.... -. ;. 5,S53.4S