The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-03-30
GALLON-A- MONIil
LAW CONSTRUED
ATTORNEY 4 GENERAL FURNISHES
OPINION TO DEPUTY.
Peace Officers Are Not Privileged to
Examine Record of Common Car
rierS-NO Seizure Section.

riers-No Seizure Section.
The State.
In an opinion given yesterday, Thos.
H. Peoples, attorney general, deals
wit2 some of the questions involved in
the enforcement Of the 'gallon-a-
month" wniskey Shipment law. The
attorney general olds that sheriffs or
other peace officers have nc, right un-
der the law to examine the books OF
common carriers, since the dispensary
law containing this provision was de-
clared unconstitutional at tie time it
was passed and it was not re-enacted
in the new Whiskey shipment law.
The opinion also discusses tie right OF
seizure of whiskey.
Mr.. Peoples said yesterday that he
had not discussed in his opinion the
matter of the constitutionality of the
"gallon-a-month" law, because he un-
derstoo Cd tat Il act was to be tested
in the courts on this point.
The Opinion in Full.
The opinion, given in answer to
questions in a letter to the attorney
general from Deputy Sheriff C. C. Fos-
ter, of Greenville county, follows:
''I am in receipt of yours of the 18th
inst, in which you ask:
First. Can man or boy carry
a bottle containing whiskey in his
pocket without violating the law?
Second. Can l take the bottle off
his person without an arrest warrant?
"'Third. Does the law give me the
right to seize all over one gallon on
the way to destination or any place
of business?
Fourth. Can I go into tie ex-
press Office and look over the pur-
cnases without violating the law?
81 am herewith inclosing you copy
of the act, commonly known as the
gallon-a-month' act. which was ap-
proved by tie governor on the goth
day of February, 1915
''In the case Of tie State vs..
Rookard, 81 S. c. 433, the supreme
court held that "a legal sale and pur-
chase carries the right to the pur-
chaser to keep il his possession the
liquor Ee has purchased, provided ne
does not apply it to an unlawful use.
The court further said, 1t follows that
the provision of the act of 1909 max
ing it unlawful "to keep in posses
sion in this State Intoxicating liquors
except as hereinafter provided means
that it should be a misdemeanor to
keep in possession liquor Wnich had
been unlawfully obtained; 5lat is, OBJ
tanned in a manner not recognized as
lawful by that act or the unrepealed
provision of the act Of 1907, or to keep
in possession for sale or some other
use forbidden by the statute, liquors
lawfully obtained.
Two Lawful Ways.
"Under the present liquor laws,
liquor may be obtained lawfully in the
following manner: First, by ordering
and receiving from without the State
for personal use not exceeding one
gallon in any calendar month, and,
second, by purchasing from county
dispensary.
'W7- en- a person obtains liquor in
one of these lawful manners and it is
obtained for a lawful use, he has the
right. in my opinion, to convey it
from the place of purchase or from
the place of its receipt from the COM
mon carrier which mas transported 1t
to lhis home, where he has right IT,
store it and keep it in possession. Ae
has not the right under the 'gaaon-a-
month act to store it or keep it in any
place of business or club room or
house, except in his own home or prl-
vate room.
The expressions storing and keep
ing in possession in so far as Wh1skey
is concerned, have been defined by our
supreme court in the case of Easley
VS.. Peg, SO S. C. 98, in which the
court says The offense Of storing and
keeping in possession contraDand
liquors involves the idea of continuity
or habit. 1t may be that proof OF
contraband liquor would be sufficient
to convict of the offense, if the cir
cumstances were such as to induce q
belief that the liquor was stored ana
kept in possession habitually.
HAe fo vour second and ffhird dues