The county record. [volume] (Kingstree, S.C.) 1885-1975, 1909-09-09

on a gallon, pint, or gill OF
.skey or other intoxicants with
out violating the provisions of the
criminal code and subjecting him
self (or herself) to a fine and I'M
lprisonment or both-the penalty
for second offence beng I'M
lrisonment 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 drastic
construction of the law. There are
Whose who hold that the Williamsburg
or Sumter or Bamberg lady who has
iln possession a quart of cooking
sherry is no less amenable to prose
cution and punishment than is a
"blind tiger"
In other words, the former dispen.
sary acts were aimed at the mannfac-
ture and sale of intoxicants and not
at having them in possession.
The act passed at the last session
of the General Assembly and approx
ed March 2,19O9, after declaring al
, coholic liquors (Which if drunk to
excess will produce intoxication" to
be "against the morals, good health
and safety of the Stale'' proceeds to
say "That it shall be unlawful for
any person, firm, corporation or 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,vinous,
fermented, ,brewed or other liquors or
beverages, or any compound or mix
ture thereof which contains alcohol
and is used as a beverage, and which
if drunk to excess will produce in
toxication, except as hereinafter pro-
vided."
In the act it does not appear to be
sthereinafter" provided that any per-
son may "keep IN possession in this
State" one drop of any alcoholic liq-
nor of nature to ''make drunk
come" when imbibed to excess, except
llu counties having dispensaries.
!. The penalty for violation of the
act contained in section II and de-
claring violation mlsdemeanor is q
fine of from SlOO to $500, or impris-
onmeut at hard labor of from 3 to IL
months, and for any second or subse-
quent offense, upon conviction, I'M
prlsonment' of from one to five years
at hard labor without any alternative
fine.
At picnic in Zarline, in Ander-
{ son county, a few days ago Messrs
] r Blake of Greenwood and Leg
islator 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 sentl-
ments somewhat to the contrary.
Mr. Blake then read from the act
already quoted.
Mr. Ashley, in his gentle way,
questioned the accuracy of the
inhibitions as contained in the
print read by Mr. Blake.
''Do you keep in possession with
In this State any intoxicating
iquors?" inquired Mr. Blake of the
Honea Path Representative.
The Honea Path Representative,
it is said, admitted that the jug
might not be wholly dry, where
upen Mr. Blake read again the stern,
! memorable 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 clos
cts shall be searched by constables
for cooking sherry and branded
neaches remains to be seen it