The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-12-08
REGULATION OF COCAINE.
Judge Memminger Holds Prosperity
Ordinance Forbidding Carrying
of Drug on Person is Constl-
tutional.

judge R. W. Memminger has filed
with the clerk of court for Newberry
an interesting decision, in which he
sustains the constitutionaity Of an
ordinance Of the town Of Prosperity,
which, among other things, prohibits
the carrying of cocaine on the person.
Fred Valentine, negro, was ar
rested in Prosperity, charged with
violating this ordinance by carrying
cocaine upon his person. He was
found with the cocaine in his posses
sion. He was represented at the trial
before the intendant by Mr.. 3. S.
Blease, Of Newberry, who interposed
the defence that in passing the ordi-
nance the town council had exceeded
its authority, and that the ordinance
was unconstitutional, being in VIOLA
ton both Of the constitution Of South
Carolina, and the constitution Of the
United States. The defendant was
convicted and sentenced to pay fine
Of $100 or serve 80 days, and the
case was appealed to the circuit court
and argued before Judge Memminger
at the recent term Of court here, the
defendant-appellant being represent.
ed BY Mr.. Blease, and the town OF
Prosperity by Mr.. W. Fl. Hunt. Judge
Memminger, as stated, has rendered
his opinion, sustaining the constitu-
tionality Of the ordinance and dis
missing the appeal. Mr.. Blease
states that the matter will be taken
to the supreme court.
The opinion Of Judge Memminger,
which will be Of general interest
throughout the State, is as follows:
State of South Carolina,
County Of Newberry.
In the General Sessions
The Town Of Prosperity, Respondent,
vs., Fred Valentine, Defendant-Ap-
pe1lant-Order Dismissing Appeal.
The town Of Prosperity is incor-
porated under the general law Of 1895.
J BY Section 1899 of the Code Of
4 Laws Of 1902, effective as to such
towns, the town councils have power
to make F'aQ such rules, bylaws, re-
gulations and ordinances respecting
the roads ........ police, health and
:. order Of said cities and towns or re-
specting any subject as shall appear
to Them necessary and proper for the
Fsecurity, welfare and convenience Of
such cities and towns, or for preserv-
ing health, peace, order and good gov
ernment within the same
In the exercise Of this power the
town council Of Prosperity made an
ordinance, appearing as section five
(5), on page 20 Of the "Ordinances
pf the Town Of Prosperity, s. CO.
compiled in 1908, as follows:
"Sec. 5. Any person, firm, cor
boration, or company who shall sell,
exchange, barter, carry on his or her
person, or give away cocaine, within
he town of Prosperity, except on the
written prescription Of regular IL
tensed practicing physician, to be US
d under the personal supervision Of
uch physician, shall be deemed gull
Of misdemeanor and upon convic-
ion thereof shall be punished by a
inc Of not more than 800, or. by
ppriSonment for not more than 30
lavs. Provided, that nothing herein
bntained shall prevent the sale Of
bcaine by wholesale druggists to re-
- al druggists; nor its use by any re-
ular licensed dentist practitioner in
is own practice"
Prior to the passage Of said ordi-
ance the State legislature had en-
cted the Act Of February 10th, 1907,
follows:
"An Act 10 regulate the sale Of
caine.
'"Section l. Be it enacted, &c.,.
pat any person, firm, or company
no shall sell cocaine, except on the
ritten prescription Of practicing
lysician, to be used under the per-
nal supervision Of such physician,
Rll be deemed guilty Of misdem-
por, and upon conviction thereof
il be punished for the first offense
fine not exceeding $4,000, Or
Imprisonment not exceeding 30
and upon any subsequent con-
shall be fined not exceeding
or imprisoned not exceeding
s. with or without hard labor,