Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1915-04-02
GALLON A N LAW.

GALLON A MONTH LAW.
Solicitor Cooper Construes It For sher
if BIease Of Newberry.
Correspondence has been given ou
from the governors office In regard t.
the much discussed gallon a month
law. The matter came up through cor.
respondence had between Governor
Blease Of Newberry county, the gov
ernor having written all the sheriffs o.
the state. inclosing a copy Of the law
In v~ouchsafng his cooperation, Sher'
if Blease wrote that he had asked ar
opinion upon certain sections of the
law from the solicitor Of his circuit, r
A. Cooper. The solicitor replied with
a categorical opinion upon the salient
features of the law now in dispute.
The following questions relative tc
the law were asked by Sheriff Blease:
Il. (a) Under section s please ad.
wise me what Is a private room
"(b) Is a room over a mans store
which he Uses for private converse
tions, with no bed in it, a private room
under this section?
"(c) Would a room annexed to 9
lawyers Office said room being used
only for private conversations, be q
private room under this section?
"2. Has q person the right to buy
from the dispensary in Columbia any
whisky and bring 1t to Newberry, a dry
county, for his personal use?
"3. If q person has in his posses
sion a pint Of whisky for 1 W per.
sonal use, is he in violation Of this act:
a. Have l the right to enter the
express offices and depots to examine
their books and see whether or not any
one has received more than a gallon
month?
"6. Under this act, would a person
living In Newberry county have the
right to transport or convey for his
own use a gallon Of whisky that he or.
dered from a point without the state
II that whisky Is received at an express
office in another county-for instance
Fairfield county, a dry county,
The following Is the opinion OF So.
licitor Cooper:
II have numbered your questions fol
convenience and will endeavor to an.
swer each one.
II. In reply to your first question
subdivisions a, b, and c, l beg to ad'
wise that in my opinion a private
room as contemplated under this act
is a room where a person sleeps o.
which Is his home.
"2. This question has given me con.
siderable difficulty. Under section l o.
the ect it Is provided that no person
firm, corporation or company Shall re-
ceive or be in possession OF any spirit.
GUS, vinous, fermented or malt liquor.
or beverages containing more tina
per cent Of alcohol for his, her, Its Of
their personal use or for the use Of any
other person, firm or corporation, ex.
cept as provided elsewhere In this act
It is clear that II the act had stopped
with section /, we would have state.
wide prohibition and no person coulc
be in possession Of any whisky at any
point in the state without violating the
law. We must therefore look TO othel
provisions Of the act to ascertain II
what cases a person may handle or ust
whisky. Under section 2 any person
Is permitted to order from a poin,
without the state not exceeding ont
gallon within any calendar month ant
l.cuor so ordered may be kept by such
person in his private room or house
Had the act stopped at he n OF sec.
ton 2, there would be no difficulty II
its construction.
THE part Of the act which has giver
me serious difficulty Is section 8. I'm.
der this section 1t Is provided thai
nothing in this act shall prevent TN
shipment or transportation OF alcoholic
LIQUORS or beverages to or from any
~dispensary authorized by h law Of
this state to sell same in the county Of
such ~dispensary.' II the words, In the
county Of such dispensary,' had beer
omitted, I think 1t would be clear thai
any person could purchase whisky
from q ~dispensary and carry 1t to any
point within the state. The purpose o.
the legislature seems to have been tc
prohibit the transportation and dely'
cry Of any whisky into any county II
the state having no ~dispensary, wheth'
er for personal use or not, except a
provided in section 2, and I am, there.
fore, Of the opinion that 1t would bs
unlawful for any person to purchase
whisky at a dispensary In Columbis
for his personal use and convey 1t int
the county Of Newberry. I am not CIV
ing an opinion as to the constitutions
ity Of this provision, but OF the act q.
1t reads an das 1t should be enforced
until declared unconstitutional. =.
"3. l do not think a person would
be violating this act by having a pin
Of whisky in his pocket for his owl
use, provided such whisky Is obtained
In accordance with Law.
~. Under the decision Of our gu
preme court and Of the United State.
| supreme court, / do not think you hav'
| the right to examine the records o.
the railroads and express offices.
20. I think that a person would hav'
the right to transport or convey for hi
own use q gallon Of whisky ordered
from a point without the state, ever
though the whisky may be received a.
an express office in another county. II
| other words, there is nothing In thu
| act which requires that the consigne'
| should have his whisky delivered tt
him within his county, nor does 1t pro
| vide that he shall personally receive !
at his nearest railroad Of express Of
flee. 1t only provides that 1t must b'
personally delivered to him"
Governor Manning made the follow
ing reply to Sheriff Blease:
II beg to acknowledge yours Of TIT
29th with Enclosures from Mr.. Cooper.
Mr.. Cooper being the solicitor o.
your circuit, / think you have done wei
in seeking advice from him. AS gov.
ernor, l can not pretend to construe thu
law, but hope that you and your mag
istrates will use your utmost endeavol
to enforce It,"
DREADNAUGHTS OR EDWARDS
Big Ships Look Formidable But Keel
Nu{ ~ nanaer