The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1918-03-13
LIQUOR AMENDMENT
GETS INTO COURT
Nlandamus Proceedings Will Be Held
Before Judge Sease in Manning
Next Monday

Columbia, March 12.-Special: The
amendment to the "gallon-a- month"
law, requiring judges or probate to be
reasonably satisfied that applicants
for whiskey want the intoxicant for
medlclnal purposes, will be taken into
the Supreme Court in friendly ac-
ton to test its consttutionaity.
The action is being taken by citi-
zen of Sumter county, who yesterday
was refused a permit by Thomas F..
Richardson, Judge of probate for that
county, on the theory that the act is
unconstitutional in Scvera respects.
MIR. Richardson announced that he
would not issue any permits unless
compelled to do SO by the courts.
The initial action will be an appli-
cation for writ Of mandamus to com
pei the Sumter Judge of probate to
issue the permit. The hearing will be
had before Judge Thomas S. Sease, of
the Seventh judicial circuit, at cham
Der at Manning next Friday or Satur-
day. Mr.. Richardson will be repre-
sented by d. S. Henderson, Esq, of
the Aiken bar, and the petitioner by
Thomas II. Peoples, Attorney General.
The Att iey General will represent
the petitioner because the constitu-
tlonality of an act passed by the Gen
eral Assembly is being attacked.
I Whatever decision Judge Scase rem
ders, the party decided against will
take an appeal.
The amendment to the law, which
IS the nux of the complaint, reads as
follows:
The Amendment
"PrOVlded that in no case shall the
probate judge issue such a permit un-
jcf Of I,nf g
statement contained in the affidavit
herein required, nor shall such permit
be issued by other than the probate
Judge personally, or by his regularly
constituted clerk within the precincts
OF his office. Any violation of the pro.
vision of this act by the probate Judge
shall subject him to prosecution and
penalties as for malfcasancc or mis-
feasance in office"
The following is the text of the
complaint to be presented to Judge
Sease:
The Complaint
y. That he, the aforesaid petition
er, is citizen and taxpayer and resi-
dent OF the county OF Sumter, i'm the
State of South Carolina, and as such
is entitled to protection under the laws
of said State.
w: That the General Assembly of
this State, at its recent session, passed
an act, which was approved on the
! 18th day of February, 1918, and be-
came of force according 20 law, on the
, lth day of March, 1918, known as
Act No. 100 Of the 1918 session of the
! General Assembly, and entitled (sct-
ting forth the title of the new quart
a-month law), which said act of the
General Assembly so approved and
passed and of force as the statutory
law of South Carolina, among other
thlngs provides in substance that any
person desiring to import any alco-
hollc liquors under this act shall ap-
ply to the judge of probate of the
county in which he presdcs, and file
with him an affidavit that he has not
: received any liquor hermit during the
same calendar month, and specifying
the amount and kind Of alcoholic H.
quors desired, not exceeding one quart -,
and that he is not Il minor, nor studeny
OF any institution of learning, and
the office of the common carrier from
which delivery is desired, the office of
winch is to be nearest the residence
OF the applicant, and that the same is
desired for medicinal purposes, and
upon the receipt of such affidavit and
the payment of Il fee Of ten cents the
probate Judge shall issue a permit IN
der his hand and official seal to re-
ccelve such coholic liquors, and th;.,
IN no case shall the probate judbc is
! such permit unless he is satisfied
OF the truth of such statement con.
tanned in the affidavit required by thc
act adm presented to HIM
80. That on the eleventh day Of
March, 1918, your petitioner, :.:ting
within his rights as Il citizen and res
ldcnt OF the county and State aforc-
SAID, applied to Thomas r.. Richard
son, Esq, judge Of the court of pro-
bate in and for the county of Sumter
as aforesaid, at his office at the court
house of said county, and filed with
nm and presented to him an affidavit
sworn to by your petitioner, setting
forth strictly and fully the require
mentS of said act of the General AS
ScmDly, asking permit thereon, upon
such evidence as was needed, to i'm
port quart Of whiskey or alcoholic
liquor into the State of South Caro-.
ina, and that your petitioner rendered
to said judge of probate the fee re-
CURED by the act, to wit, the sum of
10 cents, whereupon said Judge of bro.
pate after due inquiry and invcstiga-
tion INTO the facts concerning your pc.
titloner, and the truth of the affidavit
presented to him, addressed to YOUR
4, petitloncr letter a copy of which is
as follows, to wit:
Sumter, S. c., March II, 1918.
Dear Sir: You have this dav an
plled to me under the act of the Cen