The herald and news. [volume] (Newberry S.C.) 1903-1937, 1910-07-12
INTERPRETATION OF ACT.
Judge Memminger in Charge to Jury
Rules That Storing Whiskey for Any
Purpose Whatsoever, In Dry Coun-
lies, is Unlawful.

Sumter, July S.-Sumter is very
D. much stirred over the charge of judge
Memminger, of Charleston, to the jury
here, few days ago, in reference to
the storing of liquor. 1t is the talk
of the town." Everyone you meet Oh
the street has something to say about
it.
! What Judge Memminger did was
simply this: He charged the prohlbl
ton law as it is. That it is unlawful
to store liquors under the prohibition
laws operating in those counties that
do not have the county dispensaries
is absolutely the letter of the law.
When the various counties were
/ considering the proposition of the
legal sale of whiskey in the summer
Of 1908, it was then pointed out that
the prohibition law as framed was
very stringent and that, if adopted by
the voting out of the county dispen-
saries, no liquors could be stored fol
any purpose. In the charge at Sum
ter the Carey-Cothran act is referred
to.
The bombshell has exploded and the
people of Sumter are worried.
} This is what Judge Memminger
said:
'tNow, the statute therein referred
TO which is charged to have been vio-
lated by these defendants is as fol-
lows:
'fThis is a statute passed in the year
B 1909 by the legislature, to be found in
the acts of 1909 at page go, what is
known as the Carey-Cothran law, be-
ing law prepared by and gotten
through the legislature by two law
yers from the Piedmont section of the
State; and the section referred to
herein, in this Indictment, is as fol-
d lows:
4 "Be it enacted by the general assem-
bly, of the State of South Carolina that
I all alcoholic liquors and beverages
whether manufactured within this
State or elsewhere, or any mixture by
whatsoever name called, if drunk to
excess will produce intoxication, are
hereby declared to be detrimental and
their use and consumption to be
against the morals, good health and
safety of the State, and contraband
That it shall be unlawful for any per-
son, firm. corporation or association
within this State to manufacture, sell
barter, exchange, receive, accept, give
. away to induce trade, deliver, store,
; keen in possession in this State, fur
nish at public places or otherwise dis
pose of any spirtuous, malt, vinous or
other liquors or beverages, or any
other mixture thereof which contains
alcohol and is used as beverage, and
which, if drunk to excess, will produce
intoxication, as hereinafter provided
and there follows certain provisions by
3 which alcohol can be distributed and
used, and the punishment for violation
of this statute is contained in section
\ eleven, that any person who violates
any of the provisions of this act shall
be guilty of misGemeanor, and upon
conviction thereof be fined in sum
not less than one hundred dollars nor
more than five hundred dollars or i'm
prisoned at hard labor for a period
of not less than three months nor more
than one year, and for the second or
any subsequent offence, upon conViI-
ton thereof shall be imprisoned at
hard lsJor for not leEs than one year
nor more than five years
"Now, the special acts which these
defendants are charged with having
4 violated are the ones which I call
your attention to-rece1ve, accept
j store ana keep in possession, and the
II question is whether or not the State
has proved to you beyond a reasonable
doubt that one or both of these de-
PENDANTS have violated any one ot
these prohibitions that have read tc
you named in the indictment and made
unlawful in this State-receive, ac'
cept, store and keep IN possession.
"Now, gentlemen, the counsel fol-
the defendants you saw pass up tc
. meas he has right to do in order
that the attention of the judge and the
jury may be drawn especially to such
points of law as are involved particu-
larly in the case-these few simple
y words, which, however, make it neces-
sary for me to explain the law on this
subject to you, and to make you un-
derstand little more fully perhaps
s. than Won do eYact1v what this law