The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1909-08-28
the DRASTIC Law
TO HAVE LIQUOR IS ALSO NHIB-
TIED BY ITS TERMS.
In Non-dispensary Counties the Pos
session Of Intoxicants in ANY
Quantity Said to be Unlawful.

Quantity Said to be Unlawful.
May a man (or woman) living in
e. South Carolina county which is
without dispensaries have in posses
sion gallon, pint, or gill of whis-
key or other intoxicants without vio-
lating the provisions of the criminal
code and subjecting himself (or her
seif) to a fine and imprisonment or
bo,h-the penalty for q second Of
ltfense being imprisonment without
alternative?
The State says good lawyers and
perhaps judges are answering the
question no." but it is only during
the last few days that the people
seem to be awakening to this dras-
tic construction of the law. There
are those who hold that the Lexing-
ton or Sumter or Bamberg lady who
has sin possession" quart Of cook
: ing sherry is no less amenable to
prosecution, and punishment than is
."blind tiger"
In other words, the former dis
pensary acts were aimed at the man
ufacture and sale of intoxicants and
not at having them in possession.
The act passed at the last session
Of the general assembly and approv-
ed March 2, 1909, after declaring
alcoholic liquors which If drunk to
excess will produce intoxication" to
be against the morals, good health
and safety of the State" proceeds to-
say THAT it shall be unlawful for
any persons, firm, corporation Of as
sociation within this State to manu-
facture, sell, barter, exchange, re-
ceive, give away to induce trade, de-
liver, store; keep in possession in this
State, furnish at public places or
otherwise dispose Of any malt, vi
nous. fermented,- brewed or other
liquors and beverages, or any COM
pound or mixture thereof which con-
tains> alcohol and is used as a bev-
erage, and which If drunk to excess
will produce intoxication, except as
hereinafter provided"
In the act it does not appear to
be hereinafter provided that any
person may keep in possession in
this State" one drop Of any alcoholic
liquor OF nature to make druak
.cnue" when Led to excess. cx.
cept in counties having dispensaries.
The penalty for violation Of the
act contained in section II and de-
claring violation a misdemeanor is
a fine Of from 500 to $500 or i'm
prisonment at hard labor OF from
three to 12 months and for any Sec
ond or subsequent offense, upon con-
viction, Imprisonment Of from one to
FIVE years at hard labor without any
alternative fine.
{ AT, q picnic in zarline in Ander-
son county few days ago Messrs.
J. R. Blake of Greenwood, and Leg
lslator Josh Ashley among others
were speakers.
The story. goes that Mr.. Ashley
spoke with his accustomed fiery elo-
quence and pith for prohibition, and
Mr. Blake later uttered sentiments
somewhat to the contrary. Mr. Blake
then read from the act already quot
ed.
Mr.: Ashley, in his gentle way,
questioned the accuracy of the in
hibitions as contained in the print
read by Mr.. Blake.
'':Do you Keep in possession within
this State any Intoxicating liquors?"
Inquired Mr.. Black Of the Honea.
Path delegation:
The Honea Path delegation, 1t is
said, admitted that the jug might
not be wholly dry, whereupon Mr..
Black read, again the stern, inexor-
able condemnation of the law.
whether or not, the Law and Or
der League In the dry counties will
See to it that all the kitchen closets
shalf be scattered by constables for
cooking sherry and branded peaches
! remains to- BET eeen-or 1t may be
that sstute lawyers will prove that
to keep in possession any intoxi-
/, eating liquors. within this State
i Is nottthe law as 1t is written.
Had they ITO keep in possession"
! provision of the act been discussed
I before the elections, how would 1t
have affected the voting? Was the
!law understood by the voters? Was
it understood that to give away or
Ito receive a toddy in dry county
would be misdemeanor?
| c1fa GHNS sIT,a REC0RnG