The Union times. [volume] (Union, S.C.) 1894-1918, 1906-01-12
ANNUAL REPORT OF CITY ATTORNEYS.
Says the Prohibition Law Cannot b,
Enforced Except by Federal
Legislation.

dcrmcn of the town of Union:
We beg to submit to you the fol-
lowing report for the year 1905:
The office of City Attorney was
created by you on the first of Janu-
ary, 1905, at which time we as
sumcd the duties thereof.
During the past year the de-
mands on this office have been
largely for written and verbal opin-
ions on various subjects. We have
also been called upon to prepare
various ordinances, the most i'm
portant of which were to prohibit
the transportation, storing and sale
of Intoxicating liquors, which be-
came effective shortly after the
State Disprnsary was removed from
Union County. The enforcement
of these ordinances, as well as all
Others, depends in measure upon
the reporting of violations of the
same to the proper authorities with
the necessary evidence to procure
conviction. The most serious diff
Guilty in tho way Of the enforce
mcnt of prohibition in municipali-
ties is the Interstate Commerce
clause Of the Federal Constitution,
and an ideal enforcement cannot be
had except hy Federal Legislation.
However,, we have seven ordinances
on the subj Jet, which, if enforced
by the public sentiment of the COM
immunity, will greatly lessen this evil.
We have been asked for an opinion
IA to whether the State could incor-
poratc a society whose object is to
provide its mrmhcrs with intoxi-
eating liquors. Such an institution
or its members can have no privi-
lrge to violate the laws Of the land,
and its members can be prosecuted
for violations of the ordinances of
the town and the laws of the State,
and its place of business closed as n
nuisance, as in the case of an indi-
vidual. In such case a warrant
can be sworn out bcfcrc the Mayor,
and another before the Magistrate
at Union or information can be
lgiven to the Grand Jury of the
County.
All complaints presented to this
office have been acted upon prompt
ly. During the past year there
have been 7G1 arrests for violations
of the ordinances of the town, and
the cases We're disposed of as fol
lows: Guilty, 5S5; not guilty. mol.
pros, and dismissed hy the Mayor
for want of jurisdiction, insufficient
evidence to convict, ETC.. 172; cases
undisposcd of because Of absence of
witnesses, etc, 5; cases appealed to
the Court of General S slions, l |, of
which one has been heard and the
judgment of the Town sustain ID.
The remaining 10 appeals are now
on the docket of the Court of Gen
cral SESSIONS and are ready to be
disposed of at the next term IF that
Court. The number Of jury trials
during the year were 25. the YER
diets being as follows: guilty, rs;
not guilty, 6; undisposcd Of because
|of mistrial, 1. Fines collected,
S3,053 SO. Bonds forfeited and
uncollccted, 8. The offenscs for
which convictions were had are as
follows: drunk, 1888; drunk and
disordcrly, 112; drunk, disnrdrrly
and fighting. Is; drunk, disordrrly
and resisting arrest, II; drunk and
carrying weapons, 8; disnrdrrly,
S5; disordrrly and resisting arrest,
10; disordrrly and carrying weap-
ons, 3; fighting, 4; fighting and
carrying weapons, 6; gambling, 40;
prostitution, 6; vagrancy, 6; disor-
derly and fighting, &c; contempt of
court, 3; violating license ordi-
nancrs, s; violating liquor ordi-
nanc"s, -; total, Ssh.
We recommend that every case
on the Police Docket be entered
separately and that the Police De-
partmcnt make a report to this Of
fee every Monday morning. show
ing the number of cases entered on
the docket during the preceding
week. the disposition of the same,
the bonds and rccCgnizances out
standing and the fines paid, which
in turn shall he certified hy this Of
fee to the City Treasurer upon de-
mand.
We beg to call your attention to
the fact that on July 23rd, 1905,
the Police Headquarters were robbed
of s125. 30, and the perpetrators of
the crime have never been appre-
hended. We recommend that q
thorough investigation of this mat
ter be held by the Council along
lines which will be suggested by