The herald and news. [volume] (Newberry S.C.) 1903-1937, 1917-07-06
PROBATE JUDGES
AND QUART PERMITS

AND QUART PERMITS
Columbia, July 4.-The quart-a-
month law as it relates to the powers
of probate judges in the issuance Of
permits is construed in an opinion by
Attorney General Peoples in reply to
letter from Governor Manning.
The attorney general rules:
That probate judges may appoint
deputies to issue permits.
That he may have an Office for such
purposes elsewhere than at the court
house, provided it is at the county
seat.
The opinion follows:
Hon. Richard l. Manning, Governor,
Columbia, S. c..
Dear Sir: am in receipt of your
letter of the Goth ult,. in which you
ask:
may appoint a deputy to issue permits
for the importation of intoxicating E-
, quors under the terms ofette quart-a-
month act
q. Whether the issuance Of such
permits at another place than the
office of the probate judge in the court
house is legal.
"3. If so, may not the probate
Judge appoint deputies t5 issue per
mits at different points in the county.
"In reply thereto I beg to advise
that the power given the probate judge
to issue permits under the terms OF
the quart-a-month act is ministerial
rather than judicial. Henderson vs..
McMasters, 104 S. c., 26S, 273. This
has been held in other states as to
the issuance of marriage certificates in
/ which cases the probate judge Is to
! issue them upon presentation OF GER
tain afhdavits similar to those Oh
which the permits in question are 10
be issued. Cotton VS.. Rutledge,: 50
Ala. 10; Wood vs.. Farnell, SO, Ala
54S; 26 Cyc. $50 and S54, and csher
| cases there cited.
"a judicial officer, such as the pre-
I; bate Judge, may be required By law
Z! to perform ministerial acts and th0y
Go not become judicial because per-
formed by him. Throop, Public Or
GERS, Sec. 539.
"At common law public officers may
appoint deputies for discharge Of min
isterial duties. 20 Cyc. 1895; Throop.
Public Officers. Sec. $40; Small vs..
! L:eld, 102. Mo. 119
81 am, therefore, of the opinion that
the probate judge may appoint deg
uty to issue permits under the terms
OF the uuart-a-month law and au-
thorize such deputy to issue them IN
the name Of the probate judge and
under his official seal.
1.-THE probate judge is not restricted
to the court house building as the
place for transacting official business
and may, under circumstances reqdr-
ing, act elsewhere in the county. In
Richland county it was found that the
room given the probate judge in the
court house was too small to permit
attention Of both judicial and ordinary
business of the Office and also to the
issuing of permits. For that reason,
an additional Office in the city Of Co
lumbia is used for the latter purpose
where deputy is placed in charge.
"The furnishing of sufficient ofiee
room to the probate judge at the coaR-
ty seat is the duty of the county COM
missioners, but they are not required
to furnish such Office at other points,
and as the statute requires the probate
Judge to keep his Office open at the
county seat, it prevents his giving his
personal attention and supervision to
an Office elsewhere; this is reason
why Offices could not be placed in
other towns.
For these reasons the opening Of
the special Office in Columbia at which
permits are issued by the probate
judge, through his deputy, does not
require him to open an Office else
where in the county.
yours very truly,
THOMAS H. PEOPLES,
Attorney General"
Whs@o Man KiIVs Np1rN