Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1919-03-28
LAW AS TO ALCOHOL SALES.
Attorney General Gives an Opinion on
the New Law.

LAW AS TO ALCOHOL SALES.
Attorney General Gives an Opinion on
the New Law.
Sam M. Wolfe, attorney general, is
sued an opinion relative to the law Of
the recent general assembly to re-
strict the use Of extracts and COM
pounds as beverages, which opinion
holds that the United States pure
food and drug act will be supreme in
determining the sale of certain Of
these compounds of bitters in South
Carolina, particularly as to alcoholic
content. Such procedure will neces-
sarily likely restrict the states ac-
tivities in suppressing the sale Of these
compounds.
Another point Mr.. Wolfe makes is
that wholesalers or manufacturers
will not be required to take from deal
ers certificates as to the intended use
of the goods so purchased.
Punishment for violation is by i'm
prisonment or fine for the first Of
fense, and by Imprisonment only for
the second or subsequent offenses.
Section of the act reads:
Severe Penalties.
ANY person, firm or corporation
violating any of the provisions Of this
act shall be guilty of a misdemeanor
and upon conviction thereof shall pay
fine of not less than $100 nor more
than $500 or suffer Imprisonment for
not less than three months or more
than one year in the discretion of the
court for the first offense, and for any
subsequent offenses shall suffer i'm
prisonment for not less than one year
or more than two years in the discre-
ton of the court: And, provided fur
ther, it shall be the duty of the phar-
maceutical examiners to cancel the IL
cense of any person reported to said
board and found guilty by them for
period of two years: Provided fur
ther, That any person, firm or cor
poration convicted under this act shall
be prohibited from employing a licen-
sed druggist for a period of two,
years"
Section l Of the act of the 1919
general assembly known as the Ham
blin- -Hamilton-H Hart Lemon Extract"
"Bitters," etc. act, approved the 10th
day of March, 1919, renders unlawful
and against the health and morals of
the state for any person firm or cor
poration, to sell or offer for sale, re-
ceive, or have in possession, for un-
lawful, purposes, or purchase, within
the state, any tonics, bitters, drugs,
medicines, toilet acticles or COM
pounds, containing alcohol, if the al
cohol contained in such compound or
preparations is in a greater quantity
than is necessary for the purpose of
extraction, solution or preservation of
such preparation.
This section does not specifically
name extracts" The definition given
in the United States Pharmacopoeia of
an extract is, that it is liquid prepa-
ration from drug in which the guam
tity obtained is equal in volume to
an amount of distilled water of the
same weight as the amount of the
drug taken. 1t is a question, there
fore, whether or not the term COM
pound" can be made to include eX-
tracts, or whether or not the act as
whole can be so construed.
Adds to Confusion.
And the sale, receiving, purchas-
ing or having in possession of such
tonics. bitters, drugs, medicines, toi-
let articles or compounds, which can
be used as a beverage, is prohibited,
unless it can be made to appear as
hereinafter provided, that the same
was for medicinal use"
One would seldom if ever, purchase
or have in possession toilet article
or compound for medicinal use" so
the concluding sentence but adds to
the confusion of what precedes it.
Section 2 Of the act, requires the
seller to take from the purchaser in
each instance of any of the foregoing
preparations, certificate as follows;
II have this day purchased from
the following preparation
TO be used only as a medicine, toilet
preparation or flavoring extract, and
will not myself use or allow any OF
same to be used as a beverage"
This language is clear. l do not
construe the act to require this GER
tifcate to be taken by manufacturers
from wholesalers or by wholesalers
from jobbers or retailers, but by retail
ers from their customers.
Section OF the act fixes the penalty
for the violation of the law.
Section repeals all acts or parts or
acts inconsistent Herewith, and Sec
ton 5 renders the act effective imme-
diatHly upon its approval by the gov
ernor.
Compound Formulas Given.
AS to the amount of alcohol permis-
sible, this must be determined from
the provisions of the act Of congress
known as the pure food and drugs act
and the regulations Of the department
pursuant thereto.
There is no provision made for con-
fscating the stock of the offender; nor
for the disposition of the stock In
bulk sales. The law is capable of i'm
provement by amendment and this no
doubt will be accomplished at the
next session of the general assembly.
A copy of the present act Will be
sent by the attorney general to any
one applying and furnishing stamp
ed and self addressed envelope.
Rioht.-"Thc man who gives in
when he is wrong" said the street ora
tor, sis wise man; but he who gives