The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-10-06
DECISION CAUSES DIS
CUSSION.
The Ruling, However, Will In No
Wise Stop Mayor of Anderson From
Trying Blind Tigers-The Law OIL
The Case.

Anderson, Sept. 30.-The decision
Of Judge Robert Aldrich in the Court
Of Sessions here last week that the
mayors court has no Jurisdiction in
cases where the offense Is the selling
Of intoxicating liquors has caused
considerable talk and interest, but II
will In no wise stop the mayor of An
derson from trying defendants charg-
ed with this violation Of the law. The
city attorney has given notice of ap-
peal to the Supreme Court, and in
the meantime Just as many liquor
cases as are possible will be brought
In the police court. The appeal will
not be heard until In January, prob
ably, and the outcome IN awaited with
general interest. Should the high tri.
bunaiof ne State decide that the mn.
nicipal courts have no jurisdiction
the strongest factor in enforcing the
liquor laws In South Carolina will be
removed.
The law defining the powers of the
city and town councils Of the State,
az set forth In section 1899 Of the
code OF South Carolina, 1902. is as
follows:
"The city councils and town coun-
ellis Of the cities and the towns of the
State. shall. In addition to the powers
conferred by their respective char
ters. have power and authority to
make. yordain and establish all such
rules. BY laws. regulations and ordi-
nances respecting the roads. streets.
markets. police. health and order of
said cities and towns. or respecting
any subject as shAll appear to them
necessary and proper eor the security,
welfare and convenience OF such cl-
lee and towns. Or EeT preserving
health. peace. order and good govern
ment within She same. And the said
city or town councils may fix fir IS
and penalties for the violation there
of, not exceeding 800 fine or 80 days
'mprisonnent; Provided. That such
rules bylaws and ordinances shall
not be inconsistent with the laws VI
this State. Provided. further, That
-nthing herein contained shall .,e
construed to repeal the law establish
ng local boards of health"
Section 20s Of the code, regarding
ahe enforcement Of ordinances, reads:
The intendants or mayors of the
cities and towns of this State that
have been heretofore chartered or
that may be hereafter charterd by
spcial act Of the general assembly or
under general laws shall have all the
nowers and authority of magistrates
n criminal cases within the corporate
limits and police Jurisdiction of their
respective cities and towns. and shall
especially have the power and au-
thority to speedily try all offenders
against the ordinances OF said town
In summary manner and without
jury unless demanded by the accus-
ed; and the mayor pro tempore shall
have the same powers. When the ac-
cused shall demand jury, the same
shall be drawn In the same manner
az Is provided for in the courts Of
magistrates. The chief of police or
marshal Of the town or such officer
as the mayor. intendant or mayor pro
tempore may appoint. shall act as
constable to prepare the jury list:
and the complainant or some officer
to be designatd by the mayor. inten-
dant or mayor pro tempOre, is au-
thorized to make the challenges al
lowed on the part Of the prosecution. 4"
The Supreme Court of this State
has held In the case Of the city coun-
ell VS.. Leopard. 81 s. c., page los:
1T Is no longer an open question in
this State as to the power of a mu-
nicipal corporation by it's ordinances
to make an act or acts offenses with
In chartered limits which are already
violation OF State laws. See State
ex rel. Burton vs.. Williams. IL S. c..
2s2; City Council vs. ODonnell, 20
3. c., at page 3sS; also city of Green
Vile vs. Kemmis. 58 s. c.. 427."
Council for the city argued the de-
cision In the case of the CITY OF
Greenville VS.. Kemmis. but 1t was
held by Judge Aldrich that the city
has no Jurisdiction in whiskey cases
because OF the fact that the State law
makes the fine or Imprisonment for
the ofense greater than can be i'm
posed by the mayor. his powers be-
ing limited. as are those OF the magis-
Gate, to the imposing Of q fne NJ mt