The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1907-10-09
ENTIRELY TOO DRASTIC.

ENTIRELY TOO DRASTIC.
We should like to know what
section Of the law makes it the
duty Of the state dispensary au,
ditor to act as detective. 1t is
evident Mr.. W. 3. West is put
ting in extra time doing work
for which he gets no pay, unless
it be the pay of an ordinary pro-
cess server, and if so. it seems
to US he is disqualified from hol-
ding these TWO Offices. M. West
is State Auditor, an office created
bv the Carey,Cothran Act and
we note where he landed in Cnar-
lesion with batch Of orders
for service, aud several weeks
ago, he played the role of detec-
tive on the Isle Of Palms. where
he invited two young men into
the club room. purchased some
beer and then obtained from his
guests ahdavitS. The Isle Of
Palms management was enJoined
by the supreme court; the more
recent papers taken to Charles.
ton by State Auditor West, and
Detective West, both officers the
same person, State Auditor West
getting a salary to check up the
accounts of the county dispensa-
ries, and Detective West probab-
~ getting extra remuneration for
the additional service, were re-
straining orders, directed against
the Charleston and Argyle ho-
tells, the Occidental Cafe and the
Schuetzenplatz, returnable No
vember 29th before the supreme
court which court has already
ma, permanent an injunction
against the management of the
Isle of Palms ever selling: or al
lowing to be drunk on the prem
ises. any liquors, beers etc.
The management is convicted,
by the highestcourt # the State
without giving the parties
charged the right of trial by
jury. Then hereafter, it need
not be necessary to have war
rant issued for parties charged
with a misdemeanor, such as
hunting out Of season, trespass-
ing, carrying a concealed weap-
on, and other ofeDses. just ask
for a temporary restraining or
der, and if the party does not;feel
able to employ counsel, the or
der will be made permanent, or
in other words, the party will be
found guilty, whereas, if he went
before a jury in his vincinage,
as is guaranteed him by the con-
stitution, he would be able to
show his innocense, but after the
restraining order is made per-
manent whether he ever COM
mitted the ofense before or not,
be liable to be imprisoned for
contempt any time the movers
chose to report him and he does
not go the expense of making a
defense. This may be good law:
but if it is the theory that every
man is entitled to meet his ac-
cuses face to face: and be tried
'sby God and his Country" is a
farce.
The violation of the dispeusa-
ry law is a misdemeanor, and the
present dispensary law was in
tended by the makers thereof to
give communities local self gov
ernment. If Charleston is salts
fed with her management Of the
liquor control the rest of the
State has no interest IN it, NOR
ally or financially, and we
think when the government en-
ploys the injunction method to
enforce a law practically Of local
conseque upon the motion of
one not of the community, but
employed for another purpose.
it is carrying the theory of gov
ernment by injunction to the OBJ
noxious stage.
If Charleston was praying the
court for relief it would be diff
erent possibly, but Charleston
has not asked for this extraor-
dinary and drastic means to en-
1orce a law, nor does Charleston
complain of the conditions in
that city, the whole thing is Off
ciousness on the part Of an Off
cial whose job is to look after the
books of county dispensaries,
and for which he is paid his sal
airy out of the counties having
diSDenSarieS Onlv.