The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1918-04-06
LIQUOR ACT CONSTITUTIONAL.
JUDGE SEASE FILES OPINION IN
QUART A MONTH CASE.
Judge of Probate of Sumter Ordered
to Issue Permits-Casc to Be Ap-
pcalcd.

Tightening up the issuance of permits
by the judges of probate of the sew
eral counties of the State, is unconsti-
tutional, Judge Thomas S. Sease, Of
Snartanburg, in an order filed yester-
day directs Thomas E. Richardson,
judge of probate for Sumter county,
to issue a permit to Singleton Brad
ford, a citizen Of Sumter county The
case will be appealed to the State Su-
preme Court by Mr.. Richardson.
March II of this year, Singleton
Bradford presented the prescription
OF a reputable physician to Judge Of
Probate Richardson at the latter's Of
flee in Sumter, requesting the issuance
CT permit for the purchase of quart
Of whiskey Mr.. Richardson refused
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 "misjudgment" jeopardizing the Of
flee and liberty of the judge of probate
is created, which crime is not stated
in the title to the act, as is manda-
tory under the constitution; and, Sec
ond, that powers not contemplated in
the constitution are developed on the
Office Of the judge of probate. Mr..
Bradford appeared before Judge
Sease, at chambers in Spartanburg on
March %, in mandamus proceedings
to compel the issuance of the permit
He was representa- by Claud N.
Sapp, assistant attorney general, and
Senator Charlton Durant of Clarendon
county, because an act of the legis-
iature was contested, and D. S. Hen
derson, ESQ.,, of the Aiken bar, ap-
peared for Mr.. Richardson. The suit
was friendly one to test the con-
stitutionality of the law.
This cause" says the opinion OF
Judge Sease, "came on for a hear
ing before me at chambers on the
23rd day of March, 1918, by way OF
all appeal from All order of Thomas
E. Richardson, judge of probate foy
Sumter county. refusing to issue per-
NIT to Singleton Bradford, a citizen OF
Sumter county, to receive alcoholic
liquor under the terms Of an Act to
amend Section 10 Of the act to regulate
the shipment and transportation. car
| rying. storing and having in posses
sion OF alcoholic liquors and bever-
ages and to place penalties for viola
tion thereof, approved February "a
1917. further regulating the issuance
of 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 into
South Carolina 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 oil
the petitioner and admits 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
urconstitutional;
First. Because the act lis in vio-
lction Of the constitutional provision
which requires that every act or reso-
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 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; and
Second. That Article ". Section
~ of the constitution vests in the
court of probate jurisdiction in all
matters testamentary and of admin
istration lin business appertaining to
minors and the allotment of dover,
! in case of idiocy and lunacy and
persons non cOmpos months and the
legislature has no constitutional au-
trority to vest in the court Of pro-
bate and it's judges the duty Of issuing
liquor permits and passing judicially
upon the truth of the allegations con-
tained in the affdavits of applicants.
THE court is Of the opinion that
| the title of the act In question is suf-
| tcient to cover the contents thereof
in compliance with the constitutional
|