The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-01-22

bon, who shall solicit orders either
drummer, agents, samples, or 9TH
flwise, except as hereilibefore pro-
zsded." ,..... N. .,,.. = !
s. InlS determining the. legality Of any
sale Of liquor to this state dis
ensAry, the provisions Of this sta
lte,in reference to contracts for the
pIrchase Of liquors is worthy Of
lose and careful attention. The sta
Mte clearly provides that the con-
4ract "'shall be awarded to the low
Eest. responsible bidder The plain
'implication from this language is that
sthere shall be competition in the
price Of all liquors or wine offered for
sale pursuant to the statute. This, in
my opinion, was one Of the principal,
Sif not the main object sought to he
accomplished by the enactment Of this
statute. f..
N Intent of Law.
j. The intent Of the legislature, with
reference to competition in the price
s1f liquors is clearly manifested by the
following provisions contained in
|section 557 Of the dispensary law:
(a) All bids made in pursuance Of
8the dispensary law must be filed
Mth the state treasurer, and such
Bids must estate the quality, price
and chemical analysis" Of the liquor
80 offered for sale. (b) At the time
Eof the filing of the bids, there must
accompany said bid ga sample Of
zach kind of liquor offered for sale,
ssseontaining not more than one-half
sE0int, which sample shall, on its az
s9lyal, be delivered to the dlspensary
to be retained by him
slmtil after 1T has been ascertained
Sthat the wines or liquors correspond
"a all respects with that purchased,"
sBtc. (c) "The directors of the dis
spensary shall purchase all the alcoho-
hc liquors." ETC., and "shall have
ssthe same tested and declared to be
chemically pure, and if the wines and
3iquors purchased fail to correspond
S5A any respect with the samples fur
Wished, the seller thereof shall for
felt to the state a sum not exceeding
s5tle value of said liquor" etc. (I
and "said contract shall be awarded
lk9the lowest responsible bidder.'
IISSsThc plain and evident intention Of
Sths Legislature, in my opinion, was to
that all liquors should be pur-
S.e3hased by sample, the grade of which,
Sffom its analysis, and accompanying
lstatement as to its quality and price
EGpuld thereby be easily ascertained.
8Nnder a proper construction of the
saw, as I view it, the board Of di-
sIectors, as the agents of the state are
fequired to purchase the best liquor
spossible, at the lowest possible price
from responsible bidder. Under no
sFeasonable construction Of the law
gan it be said that it was the inten-
stion Of the legislature in invest the
BOARD Of directors with the power to
gfix price for the liquors to be
Abought for the use of the dispensary
sin advance Of the bids to be submit
Sted therefor, because such construc-
zion would practically and completely
snullify and defeat the plain object
Sought to be accomplished by COM
spetition among the bidders as to the
price. thereof. In other words, to fix
the price in advance, as was the case
here is to remove the field of competl-
ton from its rightful place as pre-
Escribed by the statute and to make
Sthe competition simply scramble be-
tween the proposed sellers or bidders
Jas to which Of them should Secure
Sthe contract for sale at the price al
,ready fixed. The statute,.i in my opin-
Jon, never contemplated the existence
Sof any such unseemly scramble
Iamong liquor houses. The competition,
under the statute, is solely as to price,
and not as to which house shall be
awarded the bid Under the form of
advertisement, as herein stated and
set forth, there does not seem to have
been any ground for the "lowest res
.ponsible bidder" to stand upon. The
price had been already fixed by the
board in the advertisement, at least a
minimum price, and the competition.
If any, was, as I have already stated,
mot who should obtain the contract
at the lowest price, but was simply a
question as to which of the persons
bidding should secure the contract at
the prices already fixed.
Method is Faulty.