The Lancaster news. [volume] (Lancaster, S.C.) 1905-current, 1918-04-05
Judge Thomas S. Sease Holds
That Probate Judge Must
Issue the Permit.
GOES TO SUPREME COURT
Case From Sumter County In.
volving Constitutionality of
Amendment Passed by Last
Legislature Attracts Attention

Columbia, April 4.-Holdins as
untenable 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 Thos.
S. Sease, OF Spartanburg. in an order
hled Friday. directs Thomas E. Rich
ardson, judge Of probate for Sumter
eou nty, to issue a permit to Single
tor Bradford, citizen OF Sumter
county. The case will be appealed
to the state supreme court by Mr..
Richardson.
March IL, of this year, Singleton
Bradford presented the prescription
OF reputable physician to Judge of
Probate Richardson at the latter's
office in Sumter, requesting the is
suance of permit for the purchase
OF a quart OF whiskey. Mr.. Richard
son refused the permit, contendine
that the amendment to the Quart \
Month Act is unconstitutional in
two particulars: First, in that a
new crime. that of "misudgment"
jeopardizing the office and liberty of
the Judge of probate is created,
which crime is not stated in the title
20 act, as mandatory under the
Constitution; and, second, that pow
ers not contemplated in the Const:-
tuition are devoled on the office o.,
the Judge OF probate. Mr.. Bradford
appeared before Judge Sease, at
chambers in Spartanburg on March
22, in mandamus proceedings to com.
pei the issuance of the permit. He
was represented by Claude N Sapp,
assistant attorney general, and Sen
ator Charlton Durant. of Clarendon
county. because an act of the legis-
lature was contested, and ID. S. Hen
dersop, Esq, OF the Aiken bar. ap-
peared for Mr.. Richardson. The suit
is friendly one TO test the constitu-
tionality of the law.
This cause" says the opinion of
Judge Sease, came on for a hearing
before me at chambers on the 23d
day of March, 1918. by way of an
appeal from an order of Thomas E.
Richardson, Judge OF probate for
Sumter county, refusing to issue a
permit to Singleton Bradford, a citi-
zen OF Sumter county, to receive al
coholic liquors under the terms of
an act to amend section 10 OF an act
to regulate the shipment and trans
portation, carrying, storing and hav-
ing in possession of alcoholic liquors
and beverages, and TO penalties for
violation thereof, approved Febru-
ary "a, 1917, further regulating the
issuance OF permits approved the
18th day Of February, 1918. and
further, by way of a petition for
mandamus on behalf of Singleton
Bradford requiring the judge of pro-
bate OF Sumter county to issue the
permit to transport into South Caro-
lima the alcoholic liquors specified in
the affidavit which was presented to
him.
I'm the order refusing the permit
the judge of probate admits the allie
cations contained In the affidavit or
the petitioner and admits that all re-
quirer,ents OF law under the act have
been complied with by the petitioner.
but refused to issue the permit for
the reason that the act in question is
unconstitutional
"First-Because the act is in vio-
lation OF the constitutional provision
which requires that every act or
resolution 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
further regulating the issuance OF
permits and the body Of the act goes
further after providing for the issu-
ance OF permits and creates a Grim
inal offense against the probate
judges who may be mistaken In their
views as to the truth OF afHdavits
presented to them; and
''Second-That Article v, section
10. of the Constitution. vests in the
court of probate jurisdiction in all