The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1912-07-03
PUT OFF HEARING
ON NEAR BEER
Injunction Proceedings to be Argued
before Judge Gary here on July Sth.


bidding it to interfere with the sale
of near beer by B. B. Hill, of this city,
was not held at Greenwood Thursday
as was intended Because of the eX-
! ira expense of having the hearing
there and probably for other reasons
it was decided to postpone the hearing
until court convened here next Mon
day. 1t is supposed that the hearing
will be given the first day of the court
! Although the injunction hearing was
not held at the term of court in Green
| wood, another case relating to the
sale of near beer came up over there
and resulted in q conviction of the in
dicted party. The sentence was sus-
pended, however, as the defendant
plead ignorance of the law and prom
ised not to sell any more like it. The
following is an account of the trial
taken from The Greenwood Daily
Journal, of Thursday:
After passing sentences, Judge
Frank b. Gary, on Wednesday after
noon, ordered the general sessions
court adjourned sine die.
T. b. Hughes was convicted on
two counts of an indictment charg-
ing violation of the dispensary law
in selling Rainbow ncar-beer." The
sole question in the case was as to
the intoxicating qualities of the fluid
which Hughes admitted he was sell
ing. Hughes said he was acting in
good faith in selling the stuff, having
consulted number of people as to
whether 1t was u violation of law
A letter was introduced in evidence
from Solicitor Otis, of the seventh
circuit to the mayor of Gaffney say
ing he had never been able to get
any proof that Rainbow" had any
intoxicating ingredients. Hughes was
sentenced to serve six months or pay
a fine of $500, sentence being suspen-
ded during good behavior Hughes
told the court that he would not at
tempt to sell any more, the jury
having decided 1t was violation of
law"
There is difference between the
Greenwood case and the Laurens
case. In Greenwood It. b. Hughes had
his shop outside the city limits and
was arrested and indicted by the coun-
ty authorities. His case came to trial
purely upon the question of viola
ton of the dispensary law and his
guilt or innocence depended upon the
question as to the Intoxicating char
acter of the fluid sold The jury
found that the near beer sold. Rain
bow, was intoxicating and therefore
in violation of the law In Laurens.
no such arrest or Indictment has taken
place. b. b. Hill has not. so far. been
charged with violation of the dispen-
sary law. He is charged with a viola
tion of the city ordinance forbiddinC
the sale of any beverage containing al
cohol, the ordinance not specifying as
to degree Of intoXication The at
torneys for the plaintiff, B. b. Hill,
contend that this ordinance is un-con-
stitutional in that It is a violation of
and inconsistent with" the state dis
pensary law. Thus, in the hearing to
be given next week. the question to
be passed upon is not whether B. r.
Hill is guilty of violating the state
law, or even whether he is guilty of
violating n city ordinance. but wheth-
er the city law can be violated or
whether the city ordinance is consti-
tutional. In case the city's ordinance
is upheld, the near beer saloon will
have to close or its owner will lay
himself liable to indictment, unless
an appeal is made to the supreme
court and this is what II is reported
Will be done. If Judge Gary decides
In favor of the near beer dealers, then
1T VIII be left to the county authorities
to act as was done in the r. B. Hughes
case at Greenwood, where the ques-
tion of the Intoxicating character of
the beverage Will have to be passed
upon by jury.
On the same day that the hearing
VIII be given the city OF Laurens, a
hearing on the same question will be
given the city of Newberry, where an
attempt Will be made to open such a
saloon. It will be noted about the
Newberry case, as will be found in
the clipping from The Newberry Her
aid and News below, that instead of
asking for an injunction against the
party that closed up the saloon there,
that is the state of South Carolina