The herald and news. [volume] (Newberry S.C.) 1903-1937, 1918-03-08
3DCY0ri PRE- \ 'IF'F'0N
FDn NtTBEKN}'S BOOZE

Columbia. March 4.-The comfy H-
New barry-or. at least. that portion
Of IS population which uses whlske;
Tor sickness cf various k::nds-has
baan thrown into some" : Of uH~
"o2: by the refusal OF Clerk Of Court
CoGgans, who is acting judge Of Pre-
ba1e in the absence o: PROBATE JUDGE
| Ewart. who IS confined to his home Cd
! account Of sickness in ills family. -
issue permits for the monthly "medi
cinal' quart except upon q doctors
prescription. even at this time, before
tie new amendment goes into etfe"t
which leaves it Discretionary with the
probate judge as to the amount cf
proof necessary to satisfy him that
tie liquor is for legal use. One of
Newherrys irate citizens rhoned eia
attorney generals Office this morning
for aruling, and Assistant Attorney
! General Sapp has ruled that it is man
datory Nnon the probate Judge, or Of
| ticer acting IN his stead. to issue "a
hermit upon filing of the required af-
fidavit. under the present law. which
will stand until next Sunday, after
which time the judges OF probate mag
! REQUIRE doctors prescription if that
IS the amount of proof when they
| consider necessary. Up until next
SUNDAY. however. the judges of pro
bate, if they obey the law. must issue
the permit upon the required affidavit
being filed.
Writing TIE NeMEe"rv citizen this
morning, Assistant Attorney General
Cland y. Sapp says:
Dear Sir: You stated this morn
| ing over long distance phone to NE
that you have made application to the
clerk Of court of your county, who is
acting for the probate Judge in his
| absence, for a permit to receive one
! quart of liquor fer medicinal pur-
poses. as provided by, law, and that
the said officers had refused to issue
the permit upon your fling the aft
dayit as REQUIRED under the law un-
less you produce in addition thereto
a fortor'S prescription for the liuucr,
and YOU asked to he advised whether
Or not he, has this authority under
the law.
"ln reply thereto. I beg to advise
that under the terms of the ouart-a.
month act as originally enacted BY
the general assembly,. and which act
IS of force until March 10. 1918, the
1ud"e Of probate or an officer acting
in his stead was oiven no discretion
in the matter of issuing permits
where narties desiring the same had
romnlind with the law bv appearin,
n nerson before him and filing the
afff1avit renuired. nut upon these cor
ditions being complied with. it Iis
mandatory unon him to issue the per
nit and he has no authority to ra-
auire a doctors prescription or any
otho~ additional proof that the liuun-
sought TO - received IS for legal pur-
poses. The amendments to the
n"art- month act by the recent GEN
era1 assembly. which will he effective
March TO- 1918. make it discretionary
With tie iud"es IF Drohat. in issrfne
nermits to receive alcoholic liquors.
and they are authorized TO require
arc ard al proof in addition to the
affidavit which NAV be necessary to
satisfy then, that the Iin~ors sought
to he received are for legal purposes,
:vhi"h would include tHe right. if G.
:!,1gn as probate saw fit. to demand
no ""oduction of doctors prescrip-
ton "