The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1917-07-07
BRANCH OFFICE LEGAL.
PROBATE JUDGE MAY ACT ny
PROXY.
Attorney General Gives Opinion as to
Issuance of Permits to Order Whis-
key.

Columbia, July 5.--The probate
judge for Richland county has tn.
right to open a branch office for the
issuance of afIldavits and certificate.
to secure whiskey under the quart q
month law. according to an opinior
rendered by Thomas H. Peoples, at.
torney general. That such an office
had been opened was brought to the
attention Of Gov. Manning by T. J.
Smyrl, chief Of State constables. Gov
Manning referred the letter of Chief
Constable Smyrl to the attorney gen.
eral and asked for an opinion as to
the legality Of the act.
Mr.. Smyrl asked the following uues-
tions:
II will appreciate it very much il
you would advise me if the liauor law
passed by the last general assembly
is being complied with in regard to
the affidavit and certificate which has
to be issued to parties before they
can obtain whiskey from q transpor-
tation company.
THE judge of probate of Richland
county has opened an office at 1915
Gervais street and has a Mr.. Owens
In charge of same; and Mr.. owens is
sues certificates to parties who apply
for same, and applies the seal of the
probate judge to these certificates. but
it Is not done in the presence of the
judge.
Parties in other sections of the
county claim that if this is legal, that
each town in the county should be
given an office and seal to accommo
date the people. without having them
to travel several miles to the Judge
of probate's office to obtain these GER
tificates."
The attorney generals opinion to
the governor follows: J apn]
II am in receipt Of your letter O.
the 3Oth ult.. in which you ask:
-. Whether or not a. probatr
judge may appoint a deputy to issue
permits for the importation OF intoxi-
eating liquors under the terms of the
quart month act.
80. Whether the issuance of sucl,
permits at another place thar the of
fee of the probate Judge in al. Court
house is legal.
if SO, may not the probate
judge appoint deputies to issue. permits
at different points in the county
In reply thereto beg to, advis
that the power given the probat
judge to issue such permits under the
terms Of the quart a month act Is
ministerial rather than judicial. Hen
derson VS.. McMaster. 104 Sc. 26S
27S. This has been held in othe,
States as to the issuance Of marriage
certificates, in which case the pro
bate judge ia to issue them upon pre-
sentation Of certain affidavits similar
to those on which the permits In ques
ton are to be issued. Cotton VS.
Rutledge. 33 Ala. 10; Wood VS.
Farnell. so Ala. 54S; &c Cys. S53 and
S54. and other cases there cited.
"A judicial officer. such as the pro
bate judge. may be required by law
to perform ministerial acts and they
do not become judicial because per-
formed by him. Throop, Public ON.
GERS. Sec. sac.
"At common law public officers
may appoint deputies for discharge
OF ministerial duties. 20 Cyc. 1895;
ThrOop, Public Officers, Sec. $40;
Small VS.. Field. 1O2 Mo- 119.
II am, therefore. of the opinion,
that the probate judge may appoint &
deputy to issue permits under tho
terms of the quart month law, and
authorize such deputy to issue then
i'm the name Of the probate Judge anf
under his official seal.
"The probate judge is not restricted
to the court house building as tn,
place for transact citing official busints 81
and may. under circumstances re
quiring. act elsewhere in the county
In Richland county 1t was found tina
the room given the probate Judge IL
the court house was too small to per
nit attention to both judicial and or
dinary business of the office and ais,
to the issuing OF permits. For thn
reason. an additional office in the cit