The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1916-01-13
DEFINES OFFICERS DUTY.
Governor Insists Upon Enforcement
of Dry Law.

| that none OF the provisions prOVld-
| ing for the enforcement Of old whis-
key laws have been repealed by the
prohibition act, but have continued.
The law remains the same,' he
says. The opinions were given by
the attorney general upon request of
Gov. Manning.
"In reply thereto 1 will say that in
| my opinion the sections referred to
(sections S2S and $50, criminal code)
| are provisions for the enforcement of
the law not inconsistent with the pro-
hibition act, and are thereby not re-
pealed, but continued by the said
| prohibition act.
Search Warrants.
Il am of the opinion, therefore,
that magistrates may continue to is
sue search warrants as provided in
section $50 of the code.
"The only change, as 1 see it, that
has been made in either of these Sec
tions is that in section S2S, in case
of forfeited liquor which has been
seized, such liquors, in all cases,
shall be destroyed publicly by the
sheriff of the county, as the dispen-
sary is abolished in all of the coun-
ties"
In another opinion the attorney
general held that constables appoint
ed by the governor should be paid
''out of the ordinary county funds. %
This opinion says:
81 am in receipt of yours of the
4th inst, which was handed me by
your secretary on the 5th inst, in
reference to section $40, volume 2,
criminal code Of 1912, and the sta
tus of this section by reason of the
enactment of section Z, act No. 76,
statutes at large, 1915. You ask to
be advised whether or not this Sec
ton repeals section $40 of the GRIM
inal code.
"In reply. will say that in my
opinion section $40 of the criminal
code is not only not repealed by the
act of 1915, but is expressly con-
tinued; that act providing that
Nothing in. this act contained shall
be construed to repeal any law de-
fining the offense, and any penalty,
fine or provisions, penalties and fines
shall remain in full force and effect.
This section not having been repeal
ed, am of the opinion that it is not
necessary that consta bles appoint
ed under that act should be reap
pointed.
Pay for Constables.
''The only change that has been
made in my opinion insofar as such
constables are concerned is as to the
manner of their payment. While dis
pensaries were in operation in coun-
ties in which dispensary constables
were appointed their compensation
was paid by the county dispensary
board out Of the profits of the dis
pensaries. Since dispensaries no
longer exist in any of the counties,
the compensation of these constables
should be paid out of the ordinary
county funds in such counties where
such constables may be appointed by
the governor:
''As to the appointment of con-
stables generally by the governor and
as to their compensation, would re-
spectfully refer you to an opinion
rendered by te assistant attorney
general to you on the 7th of April,
1915, and opinions rendered by my
self to you on the 18th of April,
1915, and Oath of April, 1915, which
you possibly have on file. If you
have not I shall be glad to furnish
you copies of same. These opinions
cover all of the questions raised in
your letter of January T."
After quoting several opinions by
Thomas H. Peoples, attorney gen.
eral, bearing on the enforcement of
the prohibition law, Governor Man
ming yesterday in a letter to J. Ell
more Martin, sheriff of Charleston
county, said:
Il desire that the constables now
on duty in Charleston county con-
tinue the work they have begun, with
even more vigor and vigilance. The
law has been enacted by the repre-
sentatives of the people in the gen.
eral assembly. The people have rati-
fed that law by a tremendous major
ity. It is now clearly the duty of
the officers to enforce this law. The
constables appointed by me have, un-
der this ruling by the attorney gen.
eral, full authority under the code to
enforce the law. The magistrate has