The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1918-04-03
JUDGE OF PROBATE
MUST ISSUE PERMIT
Decision in Circuit Court Declares
New Liquor Law Amendment
Valid
GOING TO SUPREME COURT
Case From Sumter County to Test
Constitutionality of Recent
Legislation

Columbia, April 2.-Holding as un-
tenable the contentious that the
amendment to the Quart Month"
Act, passed at the last session of the
General Assembly Tightening up the
issuance of permits by the Judges of
probate of the several counties of the
State is unconstitutional, Judge Thom-
as 5. Sease, of Spartanburg, in an or
der. filed today, directs Thomas f.
Richardson, judge of probate of Sum-
ter County, to issue a permit to Sin
glcton Bradford, a citizen of Sumter
County. The case will be appealed to
the State Supreme Court by MIR. Rich
al dson.
March II of this year, Singleton
Bradford presented the prescription of
reputable physician to Judge of
Probate Richardson, at the latter's of
flee in Sumter, requesting the issu-
ance of permit for the purchase Of a
quart of whskey. Mr.. Richardson re-
fused the permit, contending that the
amendment to the Quart a Month"
Act is unconstitutional in two particu-
lars: First, in that new crime, that
OF "misjudgmcnH jeopardizing the
office and liberty Of the Judge of pro-
bate is created, which crime is not
stated in the title to act, as is man
datory under the Constitution; and,
second, that powers not contemplated
in the Constitution are devolvcd on
the office of the judge of probate. Mr.
Bradford appeared before Judge Scasc
at chambers in SpartanDurg on March
23, IN mandamus proceedings to COM
pei the issuance Of the permit. He
was represented by Claud N. Sapp, as
slstant Attorney General, and Senator
Charlton Durant, of Clarendon Coun-
ty, because an act Of the Legislature
was contested, and ID. S. Henderson,
Esq, of the Aiken bar, appeared for
Mr.. Richardson. The suit is friend
ly one to test the constitutionality of
the law.
Opinion of Court
Judge Scasc, "camc on for a hearing
before me at chambers on the 23rd
day of March, 1918, by way of an ap-
peal from an order of Thomas T.. Rich
ardson, judge Of probate for Sumter
county, refusing to issue a permit to
Singleton Bradford, a citizen Of Sum-
ter County, to receive alcoholic liquors
under the terms Of an act to amend
section 10 of an act to regulate the
shipment and transportation, carrying,
storing and having in possession Of
alcoholic liquors and beverages, and
to penalties for violation thereof, ap-
proved February "a, 1917, further
regulating the issuance Of permits ,
approved the 18th day of February,
1918, and further, by way of peti-
ton for mandamus on behalf of Sin
gleton Bradford requiring the Judge Of
probate for Sumter county to issue
the permit to transport into South
Carolina the alcoholic liquors specified
in the affidavit which was presented
to him.
"In the OIL der refusing the permit
the judge of probate admits the allie
cations contained in the affidavit of
the petitioner and admits that all re-
quirements Of the law under the act
have been complied with by the petit
toner, but refused to issue the permit
for the reason that the act in ques-
ton is unconstitutional.
Probate Judges Reasons
"First-Because the act is in viola
tion of the constitutional provision
which requires that every act or rcso-
luton having the force of law shall
relate to but one subject, and that
shall be expressed in the title, in that
the title of the act provides for fur
ther regulating the issuance of per-
mits and the body of the act goes