The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1918-03-16
ATTACK LIQUOR LAW.
QUAR1-A-MONTH LAW ALLEGED
10 BE INVALID BY PRO-
BATE JUDGE.
Sumter Citizen Was Refused Per-
init by Judge Observation-Disclosures
mus Proceedings Held Before Judge
scasc at Manning This Week.


sonabiy satisfied that applicants for
whiskey want the intoxicant for me-
dicinal purposes. will be taken into
tho Supreme Court in a friendly ac-
tion to test Its constituionality.
The action Is being taken by a citi-
rem OF Sumter county who yesterday
was refused a permit by Thomas f.
Richardson. Judge Of probate for that
county on the theory that the act is
Unconstitutional in several respects
Mr.. Richardson announced that he
would not issue any permits unless
compelled to do so by the courts.
Tho initial action will be an appli-
cation OF q writ OF mandamus to com.
pei the Sumter judge of probate to
issue the permit. The hearing will b,
had before Judge Thomas s. Sease, OF
the Seventh judicial circuit, at cham
ber at Manning next Friday or satur-
day. Mr.. Richardson will be repre-.
sented by ID. s. Henderson. ESQ, O..
the Aiken bar. and the petitioner by
Thomas III. Peoples. Attorney General.
The attorney general will represent
the petitioner because the constitu-
tionality OF an act passed by the gen
eral assembly Is being attacked. What
ever decision Judge Sease renders. the
party decided against will take an ap-
peal.
Tho amendment to the law, which
is the nux of the complaint. reads q.
follows:
Provided. that In no case shall the
probate judge issue such permit un.
len he 10 satisfied OF the truth OF each
statement contained in the affidavi,
herein required. nor shall such permi
DO issued by other than the probate
Judge personally or by his regularly
constituted clerk within the precincts
OF his ONCE. Any violation of the pro-
vision OF this act by the probate
Judge shall subject him to prosecu-
tion and penalties as for malfeasanct
Of misfeasance In Office"
The following is the text of the
complaint to be presented to Judge
Seese:
II. That he. the aforesaid petition
ar. 10 a citizen and taxpayer and resi-
dent OF the county OF Sumter, In the
State OF South Carolina, and as such
In entitled to protection under the laws
OF said State.
"2. That the general assembly OF
this State. at it's recent session. pass
cd an act. which was approved on the
18th day OF February. 1918. and be-
came Of force according to law. on the
Iith day OF March. 1918. known as
Act No. 100 OF the 1918 session OF the
General Assembly. and entitled (set-
F, ting forth the title OF the new quart
n-morth law), which said act Of the
general assembly so approved and
passed and OF force as the statutory
law OF South Carolina, among other
things provides in substance that any
person desiring to import any alco-
holio liquors under this act shall ap-
ply to the Judge OF probate of the
county In which he presides and Ale
with him an affidavit that he has not
received any liquor permit during the
same calendar month. and specifying
the amount and kind of alcoholic Ii
quors desired. not exceeding one quart,
and that he Is not n minor. nor stu
dent OF any institution OF learning
and tho Office OF the common carrier
from which delivery Is desired. the
ONCE OF which is TO be nearest the
residence OF the applicant and that
the same is desired for medicinal
purposes. and upon tho receipt OF
such affidavit and tho payment OF %
Zee OF ton cents the probate Judge
shall issue permit under his hand
and Official seal to receive such alco-
hoiic liquors. and that in no case
shall the probate judge issue such per-
NIT unless he is satisfied OF the truth
or each statement contained in the
amdavit required by the act and pre-
sented to him.
y. That on the eleventh day OF
March. 1918. your petitioner. acting
within his rights. as a citizen and
resident OF the county and state arore-
said. applied to Thomas T.. Richard
son. ESQ. Judge OF the court OF pro-
bate In and for tho county of Sumter
as aforesaid. at his Office at the court
house OF said county. and filed with
him and presented to him an aaidavi,
sworn To by your petitioner. setting