The Union times. [volume] (Union, S.C.) 1894-1918, 1917-05-04
TELLS MAGISTRATE
TO JAIL ALL TIGERS
GIVE THEM NO TIME TO DISPOSE
OF STOCK, ATTORNEY GEN
ERAL SAYS IN OPINION.
Answers Marlboro Ivery-Peeples
Also Interprets Main Sections of
South Cardinals New Liquor
Law.

|
ers to dispose of the stock of liquor
now in their possession" is the ques-
tion propounded to Attorney General
Thomas II. Peoples by magistrate of
Marlboro county.
The attorney general replied that
absolutely no time at all should be al
lowed and that the magistrate would
be derelict if he did not institute a
prosecution of any such offenders in
his community.
The opinion of the attorney general
gives an Interpretation of all the i'm
portant sections of the quart-a-month
act to which the letter of the magis-
trate referred. The attorney generals
opinion follows:
"Your letter Of April 25th has been
received. You ask to be advised
whether or not persons having in their
possession more than one quart of al
coholic liquors under the quart-a-
month act, passed by the recent ses-
sion of the general assembly and eff
fective the 25th instant, would be sub
ject to arrest for illegal storing and
whether such liquors would be sub
ject to seizure as contraband. You
ask, further, to be advised as to how
long you should give the small blind
tigers to get rid of their gallon.
"1n reply thereto I beg to advise
that the act, commonly known as the
quart-a-month act, which is the law
of force in this State at this time,
permits persons over the age of 21
years and if woman, provided she is
the head of family, to order and re-
ceive, or transport in their personal
baggage, from a point without the
State not exceeding one quart of alco-
holic liquors during any calendar
month, such liquors being for medici-
nal or religious purposes.
"In order to order and receive this
amount, an affidavit must be filed with
the probate judge setting forth that
the liquors desired are for medicinal
or religious purposes, upon the filing
of which affidavit the Judges of pro-
bate are authorized to issue a permit
for the receipt of such liquors. Per-
sons of the Hebrew faith, who are not
minors, are permitted to order and re-
ceive one gallon of wine during the
month of March, of each year, to be
used for religious purposes, during
Passover. Alcohol for use by drug
gists, hospitals and laboratories, or for
scientific or chemical purposes, is not
affected by this act and such amounts
may be received for the above pur-
poses as are permitted under the law
formerly of force, without permit,
Hospitals or sanatoriums for the
treatment of patients addicted to the
use of liquors, morphine, opium, CO.
caine. or other deleterious drugs, are
permitted to receive for the use of pa
tIents therein, without permit. not
exceeding five gallons of alcoholic IL
quors in any calendar month.
Under section ~ of the act the
making. uttering or using of any false
permit shall constitute the crime of
forgery.
"Section 13 of the act declares it to
be violation of the act to knowingly
transport or convey from any place TO
another in the State any alcoholic IL
quors, known by the person so trans
porting to have been illegally sold or
| procured.
Section ID Of the act makes it un-
lawful to store liquors in any quantity.
in any place except at the place of
usual residence or room where the
party storing sleeps.
"Section Is of the act declares the
storing of any unusual amount or in
any unusal wav. of any alcoholic IL
ouors to be evidence of violation of
the act
| a Of of
whole I am Of the opinion that the
storing, for personal use. of any rea-
sonable amount Of alcoholic liouors.
which have been legally procured here
tofore or may be legally procured
hereafter, by a party in his private
| residence or bed room for his use or
the use Of his family, would not be a
violation Of the act and such liouors
! would not be subject to seizure as con-
traband nor would the party so storing
be subject to prosecution for illegal
storing under the terms of the act.
Illegal Storing.
"The storing of any quantity of al
| coholic liquors, whether more or less
than one quart. for illegal purposes.
whether stored in the home or other
wise. would be in violation of the
terms of the act and would subject the
party so storing to the penalties there
in provided
"The question as to what amount of
alcoholic liquors would constitute o
reasonable amount or the question as
TO whether LIQUORS stored were for il
legal purposes are questions to he de-
termined by the facts in each case as