The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1913-05-28
IMPORTANT LIQUOR. CASE.
BUYER OF CONTRABAND WHIs-
KEY GUILTY OF VIOLATION
OF LAW.
Case :. In Anderson to Go 20 State
supreme Court--Negro Convicted
BY Recorder, whose judgment is
Sustained by Circuit Court, Appeals.

Anderson. May 23.-During the first
week In June the supreme court of
South Carolina will hear the appeal
In the case Of the city of Anderson
vs. Milton Faint. Since the decision
of the court will have great effect
In the enforcement of the liquor laws
the outcome OF. the appeal IL awaited
with a great deal OF interest through
out the State.
Under the caption Statements OF
Facts" appears the following:
The defendant. Milton FAINT. q
negro. was tried and found guilty
by the recorder OF the city OF An.
derson OF transporting contraband
alcoholic liquors. In the city of An
derson. The defendant was sentenced
to pay fine of $50 or to serve 80
days. The defendant appealed to the
court OF sessions tJudge s. w. @.
shipp presidIng) from the verdict and
judgment OF the recorder The court
Of general sessions affirmed the judg-
msnt OF the recorder The defendant
in due time gave notice Of intention
TO appeal to the supreme court. The
recorder found. among other facts.
the following; The defendant. at the
request of two white men. purchased
and obtained from person within the
city OF Anderson. whom he knew was
not authorized to sell. two pints OF
whiskey and carried and delivered
the whiskey TO the said white men,"
The defendant appealed.
Judte ssspp. presiding Judge. hand
ed doest following order afarm-
Ing ths Judgment OF the recorder:
''rhe dsfspdant herein convicted in
the recorder's court Of the city OF
Anderson for the ofrense of transport
ink contraband liquors in violation OF
section 81 af the ordinance OF said
city. code os 1910. reading as fol-
.lo~<rr- - ~ ~ - Il ~ ~ ~ 20
4. Z
bectiohtis II shall be deemed a
inmdtnisanor for any person to
,<rahspoft, handle. store or conceal
within. the city OF Anderson any IL
iicit OF contraband alcoholic liquors.
MY ppdings of fact from the evil
dense that the defendant, either
as a~)y)l~ principal, purchased and
obtaint3 Intoxicating LIQUOR in the city
OF Anderson from person defendant
knew was not authorized by law to
sell same. and that this defendant
thereupon transported said liquor
from one place to another In said
city and delivered to a third person.
II hold. as n matter of law, that
the TRANSPORTATION in the city of this
liquor by defendant. after obtainin.
IL through n sale he knew to be un-
lawful. was a violation OF the ordin-
ance against the transportation OF
'contraband' liquor. Estate vs. Rock
ard. 81 s. c., 4t4) Let the judgment
OF the recorder be affirmed and the
appeal dismissed"
In arguing the appeal before Judge
shipp counsel for the defendant-ap-
pellant admitted that the whiskey was
contraband before the defendant-ap-
peliant purchased IL. bun argued that
the character OF the whiskey changed
when II passed into the hands OF the
defendant when II was II ended for
a lawful purpose. Counsel for the city
argued that the liquor once contra
band remained contraband even after
II had passed into the hands OF the
defendant.
should the supreme court affirm the
judgment OF the circuit court the de-
cision will mean this. In substance:
That the purchaser OF contraband
whiskey IN as guilty OF a violation of
the dispehsary laws as Is the seller
Contraband liquor was defined by
counsel for the city IA being all al
coholio intoxicating liquor that Is not
bought from a dispensary IN the State
and that In not brought into. the State
under the protection OF the interstate
tou,.