The herald and news. [volume] (Newberry S.C.) 1903-1937, 1917-05-01
NO TINE ALLOWED TO
GET RID OF GALLON
Assistant Attorney General Sapp Ad-
vises Constable to Enforce
Law.

torney General Peoples asking how
long, under the new Quart-a-montn
law, he should give "the small blln0
tigers" to get rid of their gallon!
"Will you please give me your opin-
ion on the new liquor laws in regard
to the people having in their posses
zion more than one quart of Whiskey,
and how long should I give the small
blind tigers to get rid of their gallon
Any other opinions on this new law
will appreciate
This is the request which came to
the attorney generals Office TO-DAY
from ]. C. Weatherly, constable at
Bennettsville, Marlboro county. 1t is
directed to Hon. Thomas H. Peoples
as attorney general, and is signed Dy
MIR. Weatherly ah constable. MT
Weatherly was appointed by Governor
Naming about a year ago, under the
<law and order" program, and 1t Is
presumed, from the fact that he signs
himself as constable" that he still
holds under the commission given him
at that time.
0In regard to the length Of time that
YOU should give the small bling tigers
to get rid of their gallon says AS
sistant Attorney General Claud N.
Sapp in reply, 81 beg to advise tnaI
YOU are not authorized to give them
any time at all, but you are authorized
and it is your duty, if blind tigers ex-
ist in your community, whether large
or small, to make every effort to sup
press this evil and bring the guilty
parties to Justice
In the course of his opinion MT
Sapp holds that the keeping OF "nls-
kew for personal use, in ones nome
is not limited under the new law ~
nne quart, but that any reasonable
amount which has been legally pro-
cured heretofore, or may be iegally
procured hereafter, may be kept Ill
ones private residence or bedroom
for his use or the use OF his famiiy.
The opinion, which is one OF the
most interesting and thorough analy-
ses of certain phases Of the quart-a-
month law yet presented, is as 1oi-
lows: 40 ,o,.
columbia, Ap..l 26, 1917.
"Mr. J. C. Weatherly, Constaoie.
Bannettsville, S. c., Dear Sir: Your
letter of the 25th instant has been re-
ceiyed You ask to be advised whether
or not persons having in their posses
sion more than one quart of alcoholic
LIQUORS under the quart-a-month act'
,aesad by the recent session of the
general assembly and effective the
95th instant, would be subject to az
rest for illegal storing and whether
such liquors would be subject u
seizure as contraband. You ask 1ur-
fber TO he advised as to how long you
should give the small bind tlgers
to get rid of their gallon.
"In reply thereto l beg to adVlse
that the act, commonly known as the
uuart-a-month act, which IS the Ia"
of force in this State at this time per-
mits persons over the age OF Il years
and if a woman, provided she is the
head of a family, to order and receive
or transport in their personal Dag
gage, from a point without the STATE
not exceeding one quart OF aicohoilc
liouors during any calendar mon1n'
such liquors being Tor meolclhdl u
religious purposes.
"Tn order to order and receive THIS
amount, an affidavit must be hleu
with the probate Judge setting fortn
that the liquors desired are for meolc-
inal or religious purposes, upon the
Sline of which affidavit the judges OF
nrobate are authorized to isuse per-
NIT for the receipt of such liquors.
Persons of the Hebrew faith, VINO are
not minors, are permitted to order ana
receive one gallon of wine during the
month of March, of each year, TO De
used for religious purposes during
Passover. Alcohol for use by drug
gists. hospitals and laboratories, OF
for scientific or chemical purposes IS
not affected by this act ana sucn
amounts may be received TOT the
above purposes as are permitted uh-
der the law formerly of force. without
permit. Hospitals OR sanatorlums
for the treatment Of patients ADDICT
ed to the use of liquors. morphine
ODlCfHQ, CUEdlUS VI OIASA
drugs are permitted to receive for the
use of patients therein, without
hermit. not exceeding five gallons OF
alcoholic liquors in any calendar
month.
"Under section - Of the act the
making, uttering or using of any false
permit shall constitute the crime Oh
forgery. :. -
Section 1s of the act declares it to
he a violation of the act to knowingly
transport or convey from any place 10
another in the State any alcoholic
liquors, known by the person so trans
porting to have been illegally sold or
procured.
section IA of the act makes it u1l-
lawful to store liquors il any quantl-
ty. in any place except at the place
of usual residence or room where the
artv ctorino s1eeps ,&s's4
Section Is of the act declares the
storing of any unusual amount, or in