The herald and news. [volume] (Newberry S.C.) 1903-1937, 1918-04-09
(ONST!TIT!ONtLlTY OF
QJART-A-M0NTH Law.

va
~rcndcp g this morning. upholdin3
tie cc:n .tntionality OF the new quart
mon law passed by the last gea-
eral ,mbly. from which decision
I IS erstood that an appeal vii! !
:->,~- ~ " ely be taken to the state s(l-
preme court:
This cause came on for hearing
before me at chambers on the 23d day
of March. 1918 by way Of an appeal
from an order OF Thomas +. Richard
son, Judge of probate for Sumter
county. refusing to issue permit to
Singleton Bradford, citizen of Sum-
ter county. to receiyesaleoholic liquors
under the terms Of @an act to amend
section 10 of an act to regulate the
shipment and transportation. carry
ing, storing and having in possession
of alcoholic liquors and beverages.
and to provide penalties for violation
thereof, approved February "a, 1917:
further regulating the issuance 0f
permits approved the 18th day Of
February. 1918, and further by way
of petition for mandamus on behalf
of Singleton Bradford. requiring the
Judge of probate of Sumter county
to issue the permit to transport inr,
South Carolina the alcoholic liquors
specified in the affidavit which was
presented to him.
'In the order refusing the permit
the judge of probate admits the ALE
cations contained in the affidavit Of
the petitioner and all its that all re-
quirements of law under the act has
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 viola
ton of the constitutional provision
which requires that every act or reso-
luton having the force Of law shall
relate to but one suhjectan 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 issuance of permits
and creates a criminal Offense against
the probate judges who may be mis-
taken in their views as to the truth
of affidavits presented to them: amt
Second That article v. ttctiCn ~
of the constitution vests in the court
of probate jurisdiction in all matters
testamentary and of administration,
in business appertaining to minors
and the allotment Of dover. in cases
Of idiocy and lunacy and persons non
comros mentis' and the legislature has
no constitutional authority to vest Ii
the court of probate and its judges
the duty of issuing liquor permits ami
passing judicially upon the trut3 of
the allegations contained in the aft
davits Of applicants.
The court is of the opinion that
the title of the act in question is SUI
ficient to cover the contents thereof
in compliance with the constitutional
requirements applicable thereto. and
that nothing is expressed in the body
Of the act not germane to the subject
as expressed in the title.
THE constitution fixes the jurisdic-
ton Of the probate court but does nc!
limit the duties that the legislot''ro
may impose upon the officer thereof
and the o. "nder attack simply I'M
poses dntv urnn tNn officer Of the
probate co1rt Nand in no wise extends
the Jurisdiction Of the court
"The contention that rrA5at" i:d";,,
might be prosecuted CT punished for
an error of Judgment in a judic;a!
opinion is not applicable to this c"so
for the reason that probate Judge
is not being prosecuted for malfeas-
ance CT misfeasance resulting from All
abuse of, his discretion in passing up
on the truth of the alterations OF al
affidavit presented. hence that posi-
ton cannot be successfully maintain
ed by him in this action. Having
reached these conclusions:
"!t g ordered. directed and decreed.
that the order Of the probate judge
refusing to iss&e the permit to pet;
tioner herein he reversed and that
the nraver of the petitioner herein ho
granted and the probate judge Is
hereby ordered forthwith to issue to
the petitioner the permit reDueSteG