The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1915-03-06
Liquor and lockers.

or the so-called "gallon-a-month" law
which passed the legislature ut its re-
cent session, making the Webb law
enective in South Carolina, has come
In Tor very little discussion. We re-
fer to the section which is aimed espe-
cially at clubs and which, if enforced,
would break up all locker clubs in
this State. This section reads as fol-
lows
section .. 1t shall be unlawful for
any intoxicating liquors or beverages
to be stored or kept in any place of
business or club room or house in this
State whether for personal use or
otherwise, and the liquor or beverages
herein allowed to be imported, If
stored, must be stored in the home or
private room Of the person or per-
sons so ordering"
This section is of special interest in
Charleston for the reason that practi-
cally all of the social clubs of this city
are now engaged in the installation of
lockers. If it is going to be illegal to
Keep liquors of any kind at a club the
work now under way would seem to
be utterly useless
1t Is a. question, however. whether
the section quoted above would stand
were a test made of it in the courts.
The Kentucky court of appeals passed
upon this point last Friday and held
that a similar law which was enacted
In Kentucky last year was unconstitu-
tional because an unwarranted in
fringement of personal liberty. The
Kentucky law made ii illegal "for
any person to keep, store or possess
any liquor In any room. building or
structure other than the private resi-
dence OF such person, and which is
not used as a place OF public resort"
The court of appeals, passing upon
this provision said:
THE power OF the State to regulate
and control the conduct of a private
individual is confined to those cases
where his conduct injuriously affects
others. With his faults or weakness
es which he keeps to himself and
which do not operate TO the detriment
OF others. the State as such has no
concern. The police power may be
called into play when it is reasonably
necessary to protect the public health,
the public morals or the public safety.
The mere fact that the Legislature
sees fit to enact a statute ostensibly
Tor the purpose of promoting such
ends Is not conclusive Of the question.
when. therefore, the statute pur-
porting 20 have hecn enacted 10 Pro-
tect public health, or public morals
on public safety, nos No rcal or sub
stantial relation 20 these Cbjccts. or
Is a palpable invasion of rights secur-
cd by the fundamental law, it is the
duty OF the court so to adjudge and
thereby give effect to the Constitution.
I'VE have in force a statute prohi-
biting the possession of intoxicating
liquors in prohibited territory for the
purpose of sale. Under this statute
very slight evidence is sufficient to Sc
cure conviction. When, therefore,
the purpose Of the owner is unlawful
the statute Is effective. Here it is
sought to SO step further and make
the possession for an innocent pur-
pose, considered from the standpoint
OF police power, as much an offense
as II the possession were for an un-
lawful purpose.
"If the Legislature has the power to
prohibit such possession at places
other than ones private residence, it
has the like power to prohibit such
possession even at private residence.
There must he some limits beyond
which the Legislature rightfully can
not go. We think that limit is reach
ed when it prohibits such possession
for sale or other unlawful purposes
II cannot so further and prohibit
such possession where the liquor is
intended for ones own use, and,
therefore. for a purpose with which
the police power is not concerned"
The Kentucky law would seem in
this matter 20 be on all fours with the
South Carolina law. The decision of
the Kentucky court OF appeals is in
line. moreover. with the decision of
the Tennessee courts I'm which it was
held that the Legislature could regu-
late shipments OF liquor into the
state but could not shut them off en-.
tirely. The reasoning of the Tennes-
see courts as to that was, we believe
In line with the reasoning of the Ken