The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1915-04-03
MTERPRETS new LIQUOR Law
SOLICITOR II. A. COOPER ADyIs-
Es NEwBERRY SHERIFF.
Defines What IN Meant by Private
Room under Gallon-a-Month Act
Also Tells OF Rights OF Person TO
Receive and Transport whiskey.

Correspondence was given out yes
tordsy at the governors office in re-
gard to the much discussed gallon
a month" law. The matter came up
Through correspondence had between
Gov. Manning and Shelf Blease of
Newberry county. the governor hav-
Ing written all the sherins OF the
state. inclosing a copy OF the law.
In v~ouchsafing his cooperation, Sher-
IN Blease wrote that he had asked an
opinion upon certain sections of the
law from the solicitor OF his circuit,
r. A. Cooper. The solicitor replied
with n categorical opinion upon the
salient features OF the law now in
dispute.
The following questions relative to
h law were asked by Sheriff Blease:
Il. (a) Under section 5 please
advise me what Is n private room
"(bJ Is n room over a mans store,
which no uses for private CONVERSE
lions. with no bed In IT.. a private
room under this section?
"(c) Would a room annexed to a
lawyers office. said room being used
only for private conversation. be n
private room under this section?
y. Has n person the right
TO buy from the dispensary in CO.
lumbia any whiskey and bring 1t to
Newberry. n dry county. for his per-
sonal us?
"a. III n person has in his
possession a pint OF whiskey for his
W personal use. is he in violation
OF this act7
20. Have I the right to enter the ex-
press Offices and depots IL examine
their books and see whether OF not
any one has received more than a
gallon n month?
%. Under this act. would a person
living In Newberry county have the
right 20 transport or convey for his
own use a gallon OF whiskey hat he
ordered from n point from without
the State. II that whiskey is received
at an express office in another county
for instance. Fairfield county. a dry
county?"
The following is the opinion of
Solicitor Cooper:
II have numbered your questions
for convenience and will endeavor to
answer each one.
81. In reply TO your first question,
subdivisions a. b and c. L beg to ell
wise that In my opinion a private
room rs contemplated under this act
IL n room where n person sleeps or
which is his home.
"2. This question has given me con-
siderable difficulty. Under section 1
OF the act IL Is provided that no per-
son. Arm. corporation or company
shall receive or be In possession of
n %spirituous. who's. fermented or
malt liquors or beverages containing
more than 1 per cent. OF alcohol for
49, ~ ho VI Nhth uSt vi lOT the
use of any other person. firm or cor
poration. except as provided else
where I'm this act IL Is clear that
AZ the act had stopped with section
4. we would have Statewide prohibit
ton and no person could be In pos
session OF any whiskey at any point
In the State without violating the law.
We must therefore look to other pro-
visions OF the act TO ascertain in
what cases n person may handle or
use whiskey. Under section 2 any per-
son In permitted to order from a point
without the State not exceeding one
gallon within any calendar month and
liquor so ordered may be kept by
such person In his private room or
house. Had the act stopped at the
end OF section 2, there would be no
difficulty In it's construction.
The part OF the act which has
given me serious difficulty Is section
9. Under this section IL Is provided
that nothing In this act shall prevent
the shipment or transportation Of al
coholic liquors or beverages to or
from any dispensary authorized by
the law of this State to sell same In
the county Of such ~dispensary.' II
the words. I'm the county of such dis
pensary.' had been omitted. 1 think
IL would be clear that any person
could purchase whiskey from n dis
pensary and carry it to any point
within the state. The purpose Of the
legislature seems TO have been to pro-
hibit the transportation and delivery
OF n whiskey into any count In
the state having no d~ispensary