The Fairfield news and herald. (Winnsboro, S.C.) 1881-1900, January 03, 1894, Image 1

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VOL XLVIIL WIXXSBOKO, S. C., WEDNESDAY, JANUARY 3, 1894. XQ, 21. A'EW DlbPENSAKT LAW. MANY CHANGES HAVE BEEN MADE !N THE ACT. The Law Strt r?iher?"d Mamy I'oiLts? Its Methe* Will he Hard :o Get Through? tProv.'son for E-tabl'shliig Xrw Dispen?uri or. k ? * -4 '? r\?,.tn.A +'.>q 1 om in T?nfpr. J3b.il LU ^ uuv xjai* *** A*V*V* ence to and Further Kegulate tiie l/ee, Sale, Consumption, Transportation and Disposition of Alcoholic Liquids or Liquors VV ithio the State of South Carolina, and to Police the Same. Section 1. Beit enacted by the Senate and House of Representatives of the State of Soutu Carolina, now met and sitting in General Assembly, aud by the authority cf the same: That the manufacture, sale, barter or exchange, re. ceipt, acceptance, delivery, storing and keeping in possession, within this State, of any spirituous, malt, vinous, fermented, brewed (whether lager or rice beer) or otbec liquors or any compound mixture thereof, by whatever name BflAtted or known, which contains alcohol rEid is used as a beverage by any person, firm or corporation; the transportation, removal, the taking from ih6 depot or other place by ccngsignee or other person or the payment of freight or express or other charges by any person, firm, association or corporation npon any spirituous, malt, vinous, fermented, brewed (whether iager, rice or other beer) or other liquor or any com- j pound mixture thereof, by whatever name called or known, which contains alcohol and 'is used as a beverage, ex-' cept as is hereafter., provided, is hereby prohibited under a penalty of thirty day3 R imprisonment or one hundred dollars fine B for each oftense. All such liquors, ex cept when bought from a State officer Ws authorized to sell the same or in possesSH slon of one, are declared to be contraband B ana against the morals, good health and Sli safetv of the State and may be seized r wherever found without warrant and turned over to the State Commissioner. Sec. 2. 1 he Governor, ihe Attorney General and the Comptroller Generai shall, ex officio, constitute a State Board of Control to carry out the provisions of this Act. Sec. 3. That the Governor shall, at the expiration of the term of the present Commissioner, and at the expiration o! every two years thereafter, appoint a Commissioner, which appointment shall be submitted to the Senate at its next1 session fo) Us approval; said Commissioner shall be believed by the Governor j to be an abstainer from intoxicants, and shall, under such rules and regulations as may be made by the State Board of Control, purchase all intoxicating liquors for lawful sale in this State, anc'furnish the same to such persons as may by designated a3 Dispensers thereof, to be sold as herealter prescribed in thii Act. Said Commissioner shall reside, and have bis place of business, in the city of Columbia, in this Siate, and hold his office two years from appointment] and until another be app^inte < in his stead. He shall be subject tCyremoval i for cause by tie State Board il Control. He sball qualify and be corumissioned the eama^u other State officers, and receive an annual salary of $3j000, pay-! able at the same time and m tbe same; manner as is provided for the payment of the salaries of State officers. Ht sball be allowed a bookkeeper, who shall Va ir\ * Via com q manner v; Q.&] flru f.f CC |.*CUU iU IU w COUiU uuuuuwjl M - $1,200, and such other assistants as in tie opinion ol ihe Board of Control may be deemed necessary. He shall not sell to the County Dispensers any intoxicating: or lerme'ated liquors, except such as bave been tested by the chemist of the South Carolina College and declared to be pure: Provided, That said State Board ot Control shall have authority to appoint such assistants as they may 2nd necessary to assis ihe S u"i C^ro'ina College in making tie anal,sts required j by this Act, a*-d the 3?i<! B--a?d of On j trol may fix such ie*M i ?? ! < < n ,? m.-?, tion, if any, as they deiii. j . . u lor the services rendered by sici c.itmidt or such afsisants. The S'.aie Commissioner shall deposit all amounts received by him from tales to County Dispensers or others with the Treasuer ot the State under such iuies as may be made by the State Baard oi Control to insure the faithful return of the same, and the State Treasurer shall keep a separate account with said fund frcm which the Commissioner shall draw from time to time, upou warrants Cnly approved by the chairman of said Board, the amounts necessary to pay the expenses- incurred ^ in conducting the business. All lules * and regulations governing sa'd Commissioner in the purchase of intoxicating liquors, or in the performance of any of the duties of his office where the same are not provided for by law, shall be prescribed by the Slate Board of Control. Re shall, before entering upon the duties of hiscffice, execute a bond to the State Treasurer, with sufficient sure I lies, to be approved oy tne Attorney i General, in the penal sum ol ten thousand doliars ($10,000) far the faithtul performance of the duties ol his cfiice. In all purchases or sales of intoxicating liquors made by said Commissioner as contemplated in thi3 Act, the Commissioner shall cause a certificate to be attached to each and every package containing said liquors when the same^is shipped "to him from the place of purchase, or by lim to the County Di*penaer, certified by his official signature fand seal, which - certificate shall state ibat liquors, contained in said package! fave beta purchased by him tor sale within the State of South Carolina, cr to be shipped out of the State under the iaws of said State; and without such certificate any package containing liquors which shaii be shipped out the State, or shipped from place to place within the State, or delivered to the consignee by any railroad, express company or other common carrier, cr be found in the possession of any common cairier, shall be regarded as contraband and may be seized without warrant for confiscation, and tuch common carrier shall be liable to a nenaltv of five hundred dollars for i|| each cflense, to be recovered against B said common carrier in any court of B competent jurisdiction by summons and complaint, proceedings to be Instituted III by the Solicitor ol any circuit with whom ra evidence may be lodged by any oHL-er or mm citizen having knowledge or mtormaHff tion cl the violation, and any person at|1| Inching or using such certificate, withB cut the authority ot the Commissioner, or any counterfeit certificate lor the B purpose ot securing tbo ;ransporiation ?H of any intoxicating 1 quors cut ol or ay within this State in violation vi iaw, sball upon convictiou thereot be jxiS|1| ished ov a hue of not iess than five hunH dr?d dollars and imprisonment iu the J Penitentiary lor not iess than one year tor each orteuse. Sec. 4. Said Commissioner shall mak- j a printed quarterly statement, under! oath, of all liquors so'd by him, enumere ating the different kinds and quantity of each kind, tbe price v-aid aud the terms of payment, and to whom sold. A'so the names cf the parties trom whosi the liquor Was purchased, and their place of business and date of purchase, which statement shall be filed with the Slate Board of Control. Sec. 5. The State Commissioner shall before sbippiEg any liquors to i):spencora pvrp.nr. lacw beer, cause the same to be put into packages of not less than one half pint nor more than five gallons and securely seal the same, and it shall be unlawful for the Dispenssr to break any such package 01 open the same for any reason whatever. lie a nail sell by the package only, and 2.0 person shall open the same on premises: Provided, This section shall not apply to malt liquors shipped in cases, or bottles there of shipped in barrels, ana such malt liquors may be sold by the County Dispenser in such quantities of not less than one pint as he may see proper: Provided The same shall not be drunk on the premises. Dispensers shall open their places of busiaess and sen only in uay time, under such rules as may oe made by the State board of CoDtrol. Sec. 6. It shall be the duly of the State Board of Control to appoint a County Board of Control, composed of three persons believed by said Board not to De addicted to the use of intoxicating liquors, who shall hold their offices to: a term of two years, and until their successors are appointed. Said County Board of Control shall be subject to removal for cause by the State Board cf Control. Said County Board shall make such rules as will be conducive to the best management of the sale of intoxicating liquors in their respective counties: Provided, All such rules shall be submitted to the State Board and ap-j proved by them before adoption. Said County Board of Control shall qualify and be commissioned as are other county officer, without fees therefor. Sec. 7. Applications for position of County Lispemer shall be by petition, signed and sworn to by the applicant and filed with the County Board of Control atleast ten days before the meeting at which the application is to be considered, which petition shall stale the apolicants name, place of residence, m what business engaged, and in what business he has engaged in two years previous to Sling petition; that he is a citizen of the United States and South Carolina; that he has never been adjudged guilty of violating the law relating to intosicatins: liquors, and 13 not a keep2r of a restaurant or place of public amusement, and that he is not addicted to the use of intoxicating liquors as a beverage. This permit or renewal there of shall isiue only on condition that the applicant shall execute to the County Treasurer a bond in the penal sum of with .oood and sufficient sureties. conditioned that he will well ana truly obey the laws of the State of South Carolina, now or hereafter in force, m relation to the sale of intoxicating: liquors that tie will pay all fines, penalties, damages and costs that may be assessed or recorded against him for violation oi such laws during the term for which said permit or renewal is granted, and will not sell intoxicating liquors under his permit at a price other than that fixed by State Board of Control. Slid bond shall be lor the use of the couaty or any person or persons who may be damaged or mjured by reasou of any violation on the part of the obligor oi <~v y f /\x* f J n ?r ILLC law iCJaUU^ LU lUbUAiVUWU^ A.vjWAWi. ^ purchased or sold daring the term for which said permit or the renewal thereof is granted. The said bond shall be deposited with tne County Treasurer, and suit thereon shall be brought atanv time by the Solicitor or any parson for whose benefit the same 13 given; and iu case the conditions thereof, jr any of them, shall be violated, the principal and sureties thereon shall also be jointly and se.errliable for all civil damages costs and judgments that may be obtained against the principal in any civil fHuion brought by wife, child, parent, i,u_rdian, employ or other per?on under the provision of the law. All other moneys.collected for breaches of such bond shall go into the Ccunty Treasury. Said bond shall be approved by the County Board of Control under the rules and laws applicable to the approval or official bonds. Sac'. 8. There may be one or more Couuty Dispensers appointed for each county, the place of business of each of whom shall be designated by the County Board, but the State Board must give consent before more than one Dispenser can be appointed in any couuty; and when the County Board designates a icciiiiy iur a jl?.5yeu?ary lcu uivs public notice ol which shall be given it shall be competent for a majority of the voters of the township in which such Disi pensary is to be located to prevent its location in such township by signing petitions addressed to the Coun'.y Board requesting that no Dispensary be established in that township, whereupon some other place may be designated. (The County B:>ard may in its discretion locate a Dispensary elsewhere than in an incorporated town, in the Counties of Beaufort and Horry and no others.): Provided, however,s That any county, town or city wherein the sale ot alcoholic liquors was prohibited by law prior to July 1st, 1893, may secure the establishment. of a Dispensary within its Wiucia iU LUC iviivnriu^ mauuu, petition signed by one tourth the quailtied voters of such county, town ur city wishing a dispensary therein, being tiled with the County Commissioners or town or city council, respectively, they shali order an election submitting the question of Dispensary or no IXspensary to the qualilied voters of such county town or city, and shall prescribe the rules, regulations, returns, ballots and notice of such election and - shall de ;lare the result and if a majority of the ballots cast be found and declared to be for a Dispensary, then a Dispensary may be established in said county town or city Provided, That Dispensaries may be established in the Counties of Wiliiamburg and Marion without such election, in compliance with the other requirements of this Act: Provided, That nothing in this Act contained shall be so construed as to prohibit persons resident in counties which shall elect to have no Dispensary from procuring liquois from Dispensaries in other counties, or County Dispensers from shipping same to their places of reside nee nr/Nrviir loKrTo Af ADff 1 f ?/? ;> uuu^i iUkvv^io wi. v/vf uuua^w. ; Sec. U. if the appii;ation for the posi-J tion of Dispenser be erranted it shall not issue until the applicant shall make and subscribe an oath, before some o:licer authorized by law to administer oaths, wnich shall be endorsed upon the bond to the effect and tenor, following: '*1 , do solemnly swear (or affirm) that I will well and truly perform all ?Jid singular the conditions of the within bond, and keep and perform the trusts conrided iu me to purchase, keep and seil intoxicating liquors. I will not sell give or furnish to anv Derson anv mtox icating liquors otherwise than is provided by law, and especially 1 will not sell or "furnish intoxiciitms: liquors to any miner, intoxicated person or persons who are in the habit of becouuu? intoxicated, and I will make true, full and accurate returns to the County Board of Control the lirst Monday of each month of ail certificates and requests made to or received by me, as required by law, during the preceding month; and such returns shall show ----- rtf cn/?h liniinrs evcij Ssiic anu uriutij v/a ?uv.i made by me or for me auria? the mouth embraced therein, and the true signature to every request received and granted; and such returns shall shew all the liquors sold or delivered to any and every person as returned." I'pon taxing said oath and iiiiug bond as hereinbefore provided, the County Board of Control shall issue to him a permit authorizing him to keep and I sell intoxicating li:jrnrs as ir: this Act provided, and every permit so granted shall specify the building, giving the street ana number or location, in which intoxicating liquors may be sold by virtue of the same, and the length of time in which the same shall be in force, which in no c^se shall exceed twelve months. .Permits granted under this Act shall be deemed trusts reposed in the recipients thereof, not as a matter of right, but of confidence, and V.QTT nrx~?n onllifipnf show UV- JLCtwrw^VC uyvijk UMMIWAVMV ? ing by order of the County Board of Control; and upon the removal of any County Dispenser, or upon demand of the County aboard of Control, ne shall immediately turn over to the County Board of Control all liquors and other property in his possession belonging to the'State or county. Said County Board of Control shail be charged with the duty of prosecuting the County Dispenser, or any of his employees, who may violate any of the provisions of this Act. On the death, resignation or removal of a County Dispenser, or expiration of his term of oilice, the County Board shall appoint his succss?nr. Sec. 10. The County Board of Control shall use as their office the office of the County Commissioners of their respective counties, and the Clerk cf the Board of County Commissioners shall serve as their clerk. They shall preserve, as part cf the records and liles of their office, all petitions, bonds and other papers pertaining to the granting or revocation of permits, and keep suitable books in ivhieh bonds and permits shall be recorded. The books shall be furnished by the county like other public records.. The County Board of Control shall designate or provide a suitable place in which to sell the liquors. The members of the County 13oard of Control shall meet once a'month, or oftener, on the call of the chairman, ana ior tneir services they shall each receive a per diem of $2, and 5 cents mileage each way, and their clerk shall receive S2 per day for the days actually employed as such, but they shall net receive compensation for more than thirtj- days in any one year. They shall, upon the approval of the State Board of Control, employ such assistants for the County Dispenser as mav be necessary. The Dispenser and his assistants shall receive such compensation as the State Board of Control iuay determine. All profits, after paying all expenses of the County Dispensary, shail be paid onehalf to the County Treasury and onehalf to the municipal corporation in which it may be located, such settlements to be" made quarterly: Provided, That if the authorities of any town or city which in the judgment ol'the State Board of Control do not enforce this law, the State Hoard may withhold the part going to the said town o* city ant1, use it to pay State constables. Sec. 11. Lieiore selling or delivering any intoxicating liquors to any person, a request must be presented to the County Dispenser, printed or written in ink, dated of the true date, stating that be or she is of age, and the residence of the signer fur whom or whose use the liquor Is required, the quantity and kind requested,and his or ntr true name;.and the request shall be signed by tne applicant iu his own true name and signature, attested by the County Dispenser or his clerk, who receives and liles the request. But the request shall be refused if the County Dispenser lining it personally knows the pers m apnlrinor i<5 o minor that. hf? IS intOXLCrlt ? ed, or that he is in the habit of using intoxicating liquors to an excess; or if the applicant is not so personally known to said County Dispenser, before liling said order or delivering said liquor he shall require idenliiication and the statement of a reliable aud trustworthy person of good cnaracter and habits, known person ally to him, that the applicant is not a minor, and is not in ths habit of using intoxicating liquors to an excess. Sec. 12. Bequests for the purchase of liquor shall be made upon blanks furnished by the County Auditor, in paekI ages of 100 each, to the County Dlspenj sers, from time to time as the same : shall be needed, and shall be numbered consecutively by the Auditor. The Dlanks aforesaid shall be furnished to the County Auditor by the State Board of Control, in umtorm oook. iike uuiik checks, and the date of delivery shall be endorsed by the County Auditor oa each book, and receipt taken therefor and preserved in his cflice. The Dispenser shall preserve the application m the original form and boo':, except the liling of the blanks therein, until returned to the County Auditor. When return thereof is made the County Auditor shall endorse thereon the date of return, and ille and preserve the same to be used in the quarterly set tlements between such Dispenser and the County Treasurer. All unused or mutilated blanks sh-il be returned or , accounted lor before oth^r blanks are issued to such County Dispenser. 6ec. 13. On or before the tenth day of , each month each Dispenser shall make l'uil returns to the County Auditor of all requests tilled by him and his clerks during the preceding month, upou blanks to be furnished by the State Board of Control for that purpose, and accompany the same with an oath, duly taken and'subscribed before the CounI ty Auditor or a Notary Public, which (shall be in the following form, to wit: I "1, , beiug duly sworn, state I on oath that the requests for liquors ! herewith returned are all that were reI ceived and Lilied at my place of busiI ness under my permit during the I mnnf h of . IS'J ; that i have carefully preserved the same, aud that ! they were lilied up, signed aad attested jat the date shown thereon, as provided by law; that said requests were tilled by delivering the quantity and kind of liquors required, and that no liquors have been sjM or dispensed under my permit during Siiu month, except as shown by the requests herewith returned, aud that 1 nave faitnfully observed aud complied with the provisions of my bond aud oath taken by me, thereon endorsed, and with ail the laws relating to my duties m the premises. See. 11. L'pon failure of any Dispenser to make the returns to the Auditor as herein required, it snail be the duty of said Auditor to report such failure to the State Hoard of Control, an I the said State IJourd ci Control shall immediately order the County li>ard to mrnmnns Srihi deliaoaent dispenser to appear before them and show cause i wny his permit saould loi be revoked ' t i and if the cause shall not be shown to (he satisfaction of the County Board of Control, they shall immediately an nul said permit and give public notice thereof; and the Circuit Solicitor shall proceed to enforce the penalties prescribed in this Act for such violation against said County Dispenser at the next sucaeeding term of court of the county in which such permit is held, and any Dispenser who'shall sell or dispense any intoxicating liquors after his permit shall have been revoked shall, upon conviction thereof, Hp linpfi nnf. less than SnOO and be im prisoned for six months. If any Dispenser or his clerk shall purchase any intoxicating liquors from any other person or persons except the State Commissioner, or if he or they, or any person or persons in his or their employ, or by his'or their direction, shall sell or offer for sale any llquor3 other than such as have been purchased from the State Commissioner, or shall adulterate or cause to be adulated, any intoxicating, spirituous or malt liquors which he or they may keep for sale under this Act, by mixing with the same coloring matter of any Hmcrrr ir.orreriient whatever, or shall mix the same with other liquors of dill'erent kind of quality, or with water, or shall sell or expose for sale such liquors so adulterated, knowing it to be such, or shall change the label upon *any box, bottle or package, he or they shall be guilty of a misdemeanor and be lined in a sum of not less than 8200 or imprisonment for not less than six months. Sec. 15. JS'o personam association or corporation shall manufacture for sale, : sell or keep for sale, exchange, barter, I or dispense any liquors containing alcohol, for any purpose whatever,otherj wise' than as provided in this Act. j Dispensers as herein provided shall i alone be authorized to sell and dispense such liquors, and all permits must be procured as herein provided from the County Board of Control: Provided, That the manufactures of distilled, malt or vinous liquors, who are doing business in the State, shall be allowed to sell to no person in this State, except the State Commissioner, and to parties outside the State,ani the State Commissioner shall purchase his supplies from brewers and distillers in this State, where their product reaches the standard required by this Act: Provided, Such supplies can be purchased as cheaply there as elsewhere. Every package, barrel,or bottle of such liquors shipped beyond the limits of this State shall have thereon the certillcate of the State Commissioner allowing: the same, otherwise it shall be liable to confiscation, and the railroad carrying it shall be puDished as in Section 3. And provided, That any person shall havo the right to make wine for his or her own use from grapes or other truits. Sec. 1(5. Every Dispenser shall keep a strict account of all liquors received by him from the State Commissioner, in a book kept for that purpose, which shall be subject at all times to the inspection of the Circuit Solicitor, any peace oilicer or grand juror of the county, or of any citizen, and such book shall show the amount ana kiuu of liquors procured, tne date of receipt and amount sold, and the amount on hand of each kind for each month. Such book shall be produced by the party keeping the same, to be used as evidence on trial of any prosecution against liim, on notice duly served that the same will be required as evidence. Sec. IT. The payment of the United States special tax as a liquor seller, or notice of any kind in any place of resort. or in any store or shop, indicating that alcoholic liquors are there sold, kept orgiveu away, shall b9 held to be prima facie evidence that the person or persons paying said tax and the parties di->playin? such notices are acting in violation of this Act, and unless said person or parties are selling under permit as prescribed by this Act they shall be punished by a tine not exceeding $100 or imprisonment not more than thirty days. Sec. IS. Licensed druggists conducting drug stores and manufactures of proprietary medicines are hereby authorized tj Durchase of Dispensers of the counties of their residence intoxicating liquors (no", inlcuding malt) lor the purpose of compounding medicines, tmc'^res and extracts that canriot, be usee * beverage. The Dispensers shaix ar?e such licensed druggist moi j. ten per cent, net prolit for liquor*, .0 sold. Such purchaser shali keep a record of the uses to which the same are devoted, giving the kind ar""^quantity so used, and quarterly u shall make and file with the County Auditor and with the County Doard of Control sworn reports, giving a full and true statement of the quantity and kinds of such liquors purchased and used, the uses to which ' the same have been devoted, and giving the name of the Dispenser from whom the same was Durchased, and , the dates and quantities so purchased, j together with an invoice of each kind ( still in stock and kept for such com- ! poundings. If said licensed druggists ; shall sell, barter,give away or exchange . or any manner dispose of said liquors for any purpose other than authorized ! by this Section, he shall upon convic- ( tion forfeit his license and be liable to ( all penalties,prosecutions and proceed- i ings at law and equity provided , against persons selling without permit, ; and upon such conviction the Clerk of j the Court shall, within ten days after such judgment or order, transmit to the Board of Pharmaceutical Examin- ' ers the certified record thereof, upon ! receipt of such the 3aid Board shail ] strike the name of the said druggist from the list of pharmacists and re- 1 voke his certificate: Provided, That 1 nothing herein contained shall be con- 1 itrued to authorize the manufacture or sale of any preparation or compound 1 under any name, form or device,which 1 may be used as a beverage which is in toxicating in its character. And, pro- ? vided, further, That tne State Commis- ! sioner shall be authorized to sell .to manufacturing chemists and wholesale druggists alcohol by the barrel at cost. 1 Sec. l'J. It any person shall make any false or fictitious signature,or sign any name ether than his or her own to any ; paper required to be signed by this ! Act; without being authorized so to do, ' or make any false statement in any paper, request or application signed to : procure liquors under this Act, the person so oil'ending shall be guilty of a misdemeanor, and upon conviction therefor shall be punished by a One of not more than -525 or be imprisoned not more than thirty days. Sec. 2ulfany Dispensary, or his clerk s.'iail make false oath touching any matter required to be sworn to under the provisions of this Act, the person so oifending shall, upon conviction, be mmtahari Ktt I a w fnr nprinrv_ If anv Cociiitv Disposer shall purchase or procure any intoxicating liquors from other person than the State (Jommisioner, or make any false return to the County Auditor, or use any request for liquors tor more than one" sale, in any such case he shall be deemed guilty of a misdemeanor, and upon conviction be punished by a tine oC 8500 or six months imprisonment. Sec, 21. Every persqn whj shall directly or indirectly Keep or maintain, bv himself or by associating or combining with others or who shall in any-, manner aid assist; or abet in keeping or | maintaining any club room or other j place in which any intoxicating liquors j are received or kept for use barter or sale as a beverage or for distribution or . division anions the members or any J ciuD or association oy any means wnat-i ever, ana every person who shall receiye ! barter, sell, assist or abet another in receiving, bartering or selling ;iuy a!-, coholic liquors sj received or kept shall be deemed guilty ol' a misdemeanor, and upon conviction thereof shall be punished by a line not to exceed one hundred dollars or thirty days imprison inent: Provided, that the State Board of Control shall have the power, showing and under such rules as they may adopt, to exempt hotels where tourists or health-seeker3 resort, from being considered nuisances or as violating this Act by reason of any manager of such hotels dispensing liquors bought from the Dispensary, by the bottle, either night or day, among the bona fide guests of such hotel; but before any such exemption shall be granted the State Board of'Control shall require the manager of such hotel to give a onr>ri anrl snfHmont:i '.rsrl in t.hft uenal sum of three chous* dollars, cor. lit- j ioned for the observance orall'tho rules regulations and restrictions prescribed and imposed by the said board and with all the requirements of this Act; and it shall be lawful for uay constable or oilijar thus empowered under this Act to enter sucn hotel and search it at any time, day or night, without a warrant for contraband liquors. Sec. 22. All plac.3s were alconolic liquors are sold, bartered or given away in violation of the Act, or where persons are permitted to resort for the purpose of drinking alcoholic liquors as a beverage, of where alcoholic liquors are kept for sale, barter or delivery in violation of this Act,, are hereby de clared to be common nuisances, and any person may go before any Trial Justice in the County and shears oat axlcf arrest warrant, on personal : knowledge or on information and belief. charging said nuisance, giving the names of witnesses -against the keeper or^manager of such pjace and his. aids 1 and assistants, if any, and such Trial Justice shall direct such arrest warrant either to the Sheriff of the county or to any special constable, commanding said defendant to be arrested and 1 brought before him to ba dealt with ac- i cording to law, and at the same time shall issue a search warrant, in whic^t i the premises in question shall be par- i ticularly described, commanding such < Sheriff or constable to thoroughly i search the premises and te seize all al- < coholic liquors found thereon, and dispose of them as provided in section 33, t oVioll olc\ cQiva nil vjoapls lur fiv- I UUU, O .LA LA J. A Uigv kjvit-v ***.*. r VMK'V.*.*') w*. ?.? tures, screens, bottles, glasses ami ap- 1 purtenances apparently used or suit- j able for uss in retailing liquors, to < make a complete inventory thereat, 1 and deposit the same with the .Sheriff. 1 That under the arrest warrant the de- < fendant shall be arrested and brought : before such Trial Justice and the case ; shall be disposed of as in case of other i crimes beyond his jurisdiction, except that when he commits or binds over I the parties for trial to the next term ] of the Court of General Sessions for i the county he sh ill make out every paper in the casd in duplicate and iile i one copy of the proceedings with the s Clerk of the Court for the i county and immediately trans- 1 mit the other copy to the Solic- < ltor of the circuit whereupon I said Solicitor shrill at once ap- i ply to the Circuit Judge at Chambers < whitin that circuit, for at order re- i straining the desendants, their servants or agents from keeping, receiving ( bartering, selling or giving any alcj- 1 nolle liquor.} until the lurtner or.ieroi * the court. Such Circuit JiuUe is here- I by authorized, empowered and required ! to grant the s*id restraining order i without requiring a band or undertak- 1 ing upon tiie hearing or receipt by mm 1 of said papers from the said Trial J ust ic ! by the hands of the Solicitor; and any i violation of said restraining order before tie trfal of the case shall be deem- ] ed a contempt of court and punished < as such by said judge or court, as for < th8 violation of an order of injunction. 1 Upon conviction of said defendants of ; maintaining said nuisance at the trail ] they or anyot'them shall be deemed : guilty of a misiemeanar, punishable by imprisonment in th9 S:ate i'enit- l entiary for a term of not less than ( three months, or a line of not less than 1 two hundred dollars, or by both, in the discreation of tne court, and the restra- i im'nff nrrlAr shall hA np.rn.atnal. ( The articles covered by the inventory, 1 which were retained by the Sheriff, . shall be forfeited to the State and sold < and the net proceeds sent to the State t Commissioner, and the Sheriff shall ( forthwith procceedto dispose of the < alcoholic liquors covered by the inventory as provided for in this Act as : vv pother liquors ate seized: The 1 Sau. sucti alcoholic liquors- on ] 3uch p. with satisfactory avi- i ience thai ,ame was being dispos- j ad of country to this Act, shall be s nriama facie evid^nca of the nuisance < complained of. Liquors seized as here- i inbelore provided and the vessels con- t raining them, shall not be taken fro.m* < the custody of the officers in possession i of the sime by any writ of replevin or i Dther process while the proceedings I tierein provided are pending! Xo' suit s 3uall lie for damages alleged to arise by ; seizure and detention of liquors under this Act. I SiC-23. Any parsjn violating the ( terms anyrestraining order granted in i 3uch proceeding shall be punished foj j contempt by a tine of not less than two 1 hundred dollars nor more than one 1 thousand dollars, and by imprisonment J in the State Penitentiary not fes3 -.than ( ainety days nor more than one year. \ ( In contempt proceedings arising out" 2 Df the voration of any .injunction < granted under the provision-oj' this ( Ant- ?I i- J~.r. in TT jnofm'n fhft t UL.l/0, mtJ UUULl, , ill ?.v Judge thereof, shall have power to j summartly and punish the p.icty or 1 parties guilty, a3 required by law. The affidavits upon which the attachment for contempt issue shall make a. prima facie cass for the State. The accused may plead in the same manner as to an indictment in so far as the same is applicable. Evidence may '03 oral or in the form of affidavits, of both the defendant may be required to m .ke aaswers to interrogatories. either written or oral, as in the court or Judge may seem proper; the defendant shall not necessarily be discharged upon kio /Inni'ol nf rho f a afatori in fhfi iiiO UtUiCit V i. bUV moving papers. The Cleik of the Court 1 shall, upon the application of either ! party, issue subpoenas for witnesses, ' and except as above set forth the * practice in such contempt proceedings shall conform as nearly as may to the ' practice in the Court of Common 1'leas { The State Commissioner, under rules 1 and regulations provided by the State; Board ot' Control, m.iy enter hr,o con- 1 tracts with responsible grape growers ? in tnis State for the sale or domestic wines througn the Dispensary, so as to encourage grape growing in this State, ' and in furtherance of this object not 1 more man tec per cam. prou-iu iue Dispensary over the expenses of hot- : tling, labeling, freightage, etc., .shall ' be charged for the handling of such ; wines. ( The manager of every registered dis- ; tiilery of liquor in this .State shall re- j, port quarterly to the State Commis j sioner, showing the number of gallons j of each kind of liquor on hand, manu- j factured or disposed of during the{ quarter, and if the said report fail to j correspond witn the return of said J distillery to the United States Internal j Itevenue Collector for tnis State, or it is shown that said manager has disposed of liquor contrary to this Act, said distillery shah be deemed to be a coamnion nuisance, and ihe Siid mana ger and his a'ders and assistants and I the premises shall be proceeded against as in this Act provided as to places where liquors are sold contrary to this Act. sec. 24. la all cases of pi teas where liquors are unlawfully kept or stored, the same nc'? being in an open house or exposed to view, and a search being necessary, upon afliiavit to that effect or on information and belief that contraband liquor is in such place,a search warrant snail be issued by a Justice, Judge or Trial Justice, or Mayor or Intendant of a city or town, to whom application is made,empowering a constable, or any person who may be deputized, to enter the said place by day time or in the night time and to search and examine the said premises for the purpose of seizing the said contraband liquors therein concealed, kept or stored, which said liquor when so seized shall be disposed of as hereinafter nrovirlfld. Sec. 25. That any of the liquors set forth in Section one (1) of this Act, which are contraband may be seized and taken without warrant by any State constable, sheriff or policeman, whiie in transit or after arrival,whether in possession of a comaion carrier, depot agent, express agent, private person, firm, corporation or association, and reported to the State Commissioner at once, who shall dispose of the same as hereinafter provided: Provided: That liquors purchased outside the State, owned and conveyed as personal baggage, shall be exempt from seizure when the quantity does not exceed one galbn. Sec. 26. That the possession of said illicit liquors is hereby prohibited and declared unlawful, and any obligation, note or indebtedness contracted in their sale or transportation is declared to be absolutely null and. void, nor shall any action or suit for the recovery of the same be entertained in any court in this State. Sec. 27. Tnat tne proceeding against liquor so illegally kept, stored, sold, delivered, transported or being transported. shall be considered a proceeding in rem, unless otherwise herein provided elsewhere than at his or her residence. OO on rriortc. frononrtf_ OvU, ? O. j. uau vLIU Laiwwuuyv/i:atio?. possession, removal, sile, deiver> or acceptance of any of the said iquors or liquids in any package,cask, fug, box or other package, under any . )ther than the proper name or brand inown to the trade as designating the 1 iind and quality of the contents of the iasks, packages or boxes containing the : same, or causing such removal, accept- : ince, transportation, taking into pos- ' e3si0D, or any such delivery, shall work the forfeiture of said liquors or 1 liquid and casks or packages, and the ' person or persons so offending,knowing- i .y. be subject to pay a line of not more than five hundred dollars or imprisonment for the term of not longer than 4 iix months, and the wrongful name, iddress, mirk, stamp or style on such : iquor when seized shall be considered ividence prima facie of guilt. The oooks and waybills of the common car- : :ier may be examined to trace said li juor to the shipper, who shall be liable, apon conviction, in a like penalty. Sec. 29. That all Constables, Deputy Constables, Sheriffs or Municipal po icemen, snail iiave tne rignt, power ind au:hority, and it shall he their duly, whenever they are informed or suspect that any such suspicious package n possession of a common carrier contains alcoholic liquors or liquids, to de- 1 ;ain the same for examination for the ;erm of twenty-fciur hours without any ivarFant or process' whatever. Sec. 30. That any interference by any person with obstruction or resistance }f. or abusive language- to any otlicer jr person in the discharge of the duties herein enjoined or the use of abusive language by any such officer or person to any other .person or persons mall, upon conviction, be deemed guilty of a misdemeanor and be punishaDle by a line of not more than one huuIred dollars or imprisonment for .the ;eroi of not more than thirty days. Sec. 31. In all cases of seizure of any joods, \vare3 or merchandise hereafter >r heretofore male, as being subject to forfeiture under any provision of this :Yct or the former Act, which, in the >p:nion of the officer or person m iking ;he seizure are o" the appraised value )f fifty dollars or more, the said officer )r person shall proceed as follows: First. He shall cause a list containing i particular description of the goods, vare3 or merchandise seized to be prepared in duplicate and- appraisement .hereof to be made by three sworn ap raisers, to be seiectei o7 mm, wno ihall be respectable-and disinterested citizens of the State of; South Carolina esiding within the -county. wherein ;he seizure was made.-*.Said iisc and ippraisement shajl b9 -properly attested )y the~said.' officer.. o; person and the ippraisers, for . which ser vice each of ;he said appraisers shall'be.alio wed the mm of one dollar to be paid by the . State Commissioner. Second. If the said goods are believed jy the officer making the seizures to be )?' Ies3 value than fifty - dollars, no appraisement shall be made. The s.iid >llicer or person shall* proceed to-pubish a notice for-tiiree weeks,in writing it three pLaces in-the county where the seizure was made, describing the articles and stating the time'and place and cause of their seizure, and requiring my person.claiming them to .appear ind make such claim within thirty lays 1X0111 LUtJ UaUtt-Ui. U1B uis./ pujuva; :iort of such notice. .... Third. Any person claiming the.iiqaors so seized as contraband, aad the ' vessels containing ' the same, within :he time specilied ia the. notice, may iie with the''State Commissioners a :laiin stating his interest ia the_ articles seized, and may execute .a bond to :he State Commissioner in the penal sum of live Hundred dollars, with sure:ies to be approved by the said State Jominissioner, conditioned that ia the jase of c-jndemnaiion of the articles so seize! the obligors shall pay all the 203ts and expenses of the proceedings to obtain such condemnation; and upon li j r].jiiv--T7 nf such nr>nrl< t.i f.hp State Doinmissiouer he shall transmit the same with the duplicate list or descrip:ion of the goads seized to the Solicitor if the circuit in- which such seizure tvas made, and said Solicitor shall pros icute the case to secure the forfeiture 3f sail contraband .liquors or liquids in the court having jurisdiction. Fourth. It" no claim is interposed and no bond given within the time ibovespeciiied, such liquors, shall be forfeited without further proceedings, . ind the -State Commissioner snau nave the said liquors tested by toe S'.ate Chemist, and if pure shallseli the same tbrough the State Dispensary, as ' though purchased by mm. If not pure, he shall seil the same beyond the State and deposit the proceeds to thf credit of the State Commissioner: Provided, Tnat in seizures in quanti lies less ia value thau titty dollars 01 j such illicit liquor, or liquors, the same * 'may be advertised, with other quantities, at Columbia by the .State Commissioner and disposed of as hereinbefore provided: Provided further. That tbe claimant of such liquors m lygive bond in one hundred dollars as vvheu tie value is fifty dollars or over, and shall bear tbe burden of shoeing oetore ;i Trial J ustice that he has complied with the law and that the liq iors is not liable to seizure. Sec. 32. That all fermented, distillel or other liquors or liquids containing alcohol, transported into this State or remaining herein for use, sale, consumption, storage or other disposition shall, upon introduction and arrival in < !?;#? U \ -?nui in*- t t-K.i Cilio ObclwC, u: aUUJTUU CU>; gj andeffect of this law to the sani3 exteat and in the same manner as though such liquors or liquids n i l been p-odused in this State. Sec. XL That no person, except as provided by this Act, shall bring into this State, or transport from plaoi to plies within this State, by wagjn, cart, or orher vehicle, or by any othar means or mole of carriage, any liquor or liquids containing alcohol, under a penal ty of 100 or imprisonment for thirty day3, for each offense upon conviction thereof, as for a misdemeanor. Anv servani, agent or employee of .ny persons, corporation or associations, "doing business in this State as common carrier, or any parson whatever; (except an ollicer seizing or examining the same) who shall remove 'any intoxicating liq uors from any railroad car, vessel o*r other vehicle of transportation at any place other than the usual and established stations, wharves, depots or places of business of such common carriers within some city or town where there is a Dispensary, and then only for such Dispensary, or who shsll aid in or consent to such removal, shall upon conviction be subject to a penalty of 830 or imorisoim^at fo: thirty days for cxt-ari/ /ifFwri: > That said penalty s>iia!i a > toply to any liquor ia transit : .; :>d from car to car to faoilita'.c a-msp i'ion across the State: Provided, Taat this section does not apply to l;'qM.nrs purchased from a Dispensary and bearing the proper label or certificate. Ail liquors in this State, except Dispensary liquors and those passing through cansigned to points beyond, shall be deemed contraband and may be seized in transit without warrant. And any steamboat, sailing vessel, railroad, express company or other common carrier transporting or bringing into this State for sale or use tnereia, except by the Dispensary, shall suffer a penalty oi $?auu ana costs ior eaca uueuss, iu be recovered by the Solicitor of the Circuit Court, or the Attorney General, by an action brought therefor in any court of competent jurisdiction. The State constables, Sheriffs, municipal police or any lawful constable may enter any railroad car, or express car, or depot, or steamboat, or other vessel, without warrant and make search for such contraband liquors, anl may examine the way bills and freight b)oks of said common carriers, and. aay one interfering with or resisting such-.officer shall be punished by a liae. rrofrex* ceedingSlUOor imprisonment not longer than thirty days. ^ " Sec. 34. That any. person detected openly violating -acy ot",the provisions ok this Act Shall bailable to arrest withoiil; warrant, provided a warrant shall be procured within a reasjuable time thereafter. Sec. 35. That violations of any of the jonfinna nf fhio \ r*t wh PPP n I] Dish t VA. UUAlJ II UVkV MM? uDon conviction is not especially provided for, the person or persons or corporation so convicted shall be punished in the discretion of the court trying the same.. All alcoholic liquors, other Chan domestic wine,'and in quantity more than live gallons, which do not have on the packages in which they are contained the labsii aaa certiiicate3 goipg to show that they have bean parchased from a State oilicer authorized to sell them are hereby declared contraband, and onsei/.'ire will be forfeited to the "State as provided, ia s-setioa 31: Provided, That this section shall not apply to liquor hekl by the owners of registered stills. Persons having more than live gallons of liquor elsewhere than at his or her home, which they wish to keep for their own use. may thro<v the protection o? the la;v around the same by famishing as inventory of the quantity an1 kinds to the State Commissioner, and applying for certiiicates to affix thereto. After sixty days from the approval of this Act any liquor fouad in the State not haying sucn certi!icate3 may bi seized and confiscated. Persons fcaviag more than they wish to use may obtain certificates to ship beyond the limits of the State. Any parson affixing, or causing to be affixed, to any package containing alcoholic liquor any imitation stamp or other printed or eagraved label or device than those furnished by the State Commissioner shall for each offense be liable to a p?nilty of tea days' imprisonment or ?25 line. Sec. 3(3. Every person who disposseses or rescues from a constable or other r\r* offoTYin^s: art t".0 rto ATV w ss ? . ?J M.v<r holic liquor taken or detained by such oilicer charged with tiie eaforeemeat of this law, shall, upon conviction be imprisoned thirty days or uav a line of 5100. Sec. 37. Any person handling contraband liquor in the night time or delivering the same, shall beguilty of a misdemeanor, and on conviclion, shall be punished b7 imprisonment for thirty days or S109 line. " Sec.'33. Any' wagon, cart, boat or other conveyance transportiaz coatrabarxu liquor at night other than regular passenger or freight steamers and railway car, shall be liable to seizure and confiscation; and to that end tne ollicer shall cause tae same to be appraised by three disinterested citizen?,'and unless recovered by claim and delivery proceedings and suitable bond, shall be advertised and sold and proceeds seat to the State Commissioner. "See. 3'J. Every Dispenser, when he sells a package containiag liquor shall put a cross mark in ink oh the label or r^rtiiifiate theieon. extending from the top to tee bottom and fr:>m side to side. When any liquor is seized because it has not the necessary certiiicates and lables required by this Act, the burden of proor shall be upon the claimant of said spirits to show that no fraud has been committed and that the whiskey h not contraband. Sec. 10. That auy .railroad, steamboat express company of other common carrier shall incur a penalty of treble the invoice price of any alcoholic liquors lost or stolen in transit to or from the Dispensary, whetner shippai as released or not, su'Ki penalry to be recovered by action in any court of competent jurisdiction. Sec. ?!. That it shall b2 uniawf :1 for any person to take or to solicit orders nr to receive money from other persons for the purchase or shipment ofaay alcoholic liquors for or to such other persons in this -Stite. except for liquors ? - ' J? ^ . *Ua I to be purcnassci an*i snippea irj;u uie Dispensary, and any person violating this section upon conviction, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment not to exceed thirty days or by a line not to exceed 6100. -.Sec. 42. It shall be the duty of Sheriffs, deputy sheriffs and constables having notice of the violation of any of the provisions of this Act, to notify the Circuit soiicito: or trie tact or sucn i violation, and to furnish him the names of any witnesses within their knowledge by whom such violation can be proven. I? any suchoffiser or Solicitor shall wilfully fail to comply with the provisions of this section, he shall, upon conviction, ba Gned a sum not less than 8100 nor more than S500: ana sucii conviction shall work a forfeiture of the otlbe held by such person; and the court before whom such conviction is had shall, in addition to the imposition of the line aforesaid, order and adjudge the forfeiture of his said ofllse. Sec. 43 The Governor shill h \va authority to appoiut one or more State constables a*: a salary of 82 per day and expenses when on duty, and two I ctiief constables at S2 each per day and expenses to see that this Act i3 ea-. forced, the same to be charged to the i expense of the State r,->mnrr;<a5innor or. cspj as otherwise provided in this Act. Sec. 4i. All Acts or parts of Acts inconsistent with this Act are hereby repealed. Sac. 43. That wherever m this Act it is provided that process shall issue upon an allidavit based on information I and belief, the arliiavit shall contain a i statement setting forth the sources of ! information, the ?act3 and grounds upon which the atfi ant bases his belief. | Sec. 4f>. This Act shall not be held or construed to in any manner repeal or aliect- existing l?ws prohibiting the sale of intoxicating liquors within cartain distances of churches and schools. Sec. 47. That brewers in this State of rice beer heretofore engaged in ths manufacture and sale of rice beer containing not more than 2 pr: "ent of alcohol shall be allowed thirty days frein tne approval of tills Act to dispo3eof ttieir manufactured products now on hand. Sac. 43. That Chapter 7, Title VII of the Code of Civil Procedure of this Scate entitled, "Of Provisional Remedies in Civil Actions," shall not apply to any officer or person having duties to perform under this Act and in no case shall an action lis against any such officer or person for damages to person or property as provide! in said chapter. Sec: 49. This Act shall take eff3;t iaaoiediately upon its approvai. A Bloody Christmas. Yorkville, S. C., Dec. 27.?Further facts have been elicited by the coroner's inquest concerning the murder of Mr. D. P. Blackburn, for which the negro, Jeff Crawford, i3 held. Crawford is about forty years of age. When seen at the jail dv a reporter he said that Blacfehnrn frt hio hA.i.?-Orf ? uu uio uvuac oau* urday night to get shaved, preparatory to going to North Carolina. After shaving him, Crawford says he went to llo2i Hill, and returned next morning. 'He denies all knowledge of the killing. His statements were clear, but guarded and careful. The facts developed at the inquest, however, make thing3 look blacs for the negro. A ?' bloody, razor is said to have been found at Crawford's house, and identified as his property. There was an empty "Calf pint llask in Blackburn's packet, and the theory is thit Crawrord, or whoever killed tie unfortunate man, lured him into the woods on pretence of guiding him to a whiskey wagon.? State. -.y . two brotiiei13 KILLED. Spartanburg, S. C., Dec. 27.?The following nasjust reached herefrom luman, s. U. JNews h*3 ju3t reached nere from Colliasviile, a small country town j list over tie X jrth Carolina line, about dt'teen miles north of here, of a terrible tragedy which occurred yesterday evening. One Wilkinson shot and Killed Ben Robertson, and perhap3 mortally wounded John Robertson, nis elder brother. List Sunday afternoon Miss Mollie Robertson, a sister of Ban and Jo2?n, was married at her father's nouse, ail among cnose wno attended were the Wilkinson boys. Tiiey got into a difficulty with two of John and Bin's younger brothers. Join, Bin and their 1'ither, learnia? what wa3 going on, promptly appeared on the s:eue, and kicked one of the Wilkinsons a fey times and ran them off th9 place, one of them leaving his hat behind. It is supposed that this row was the cause of the killing. 3iurder ix newberry. ^ Newberry. Djc. 27.- -Henry N. Anton, a well digger, die! here today from the result or a trivial matter. La3t night a diiHiulty arose between cer taia mm operatives. Kib3 MsGrDffin aad Frank Saaitb were eagiged ia a kaosk-dowa tiglit about Snita's little boy beiag sliopad by McGowaa. H.eary Wercz, McGoWi?a's soa-ia-la?/, joiaed ia cbe ligat, wiaa Alio a ea- ? r^" daavorad to sepirar-; all parties... H)t words x.)llowdd be;waea Warts aai Aitoa. Warts thea struck Aa^oaon tae bead witb. a brick, breaking his skull, witb fatal results. Werts fled last night. A warraat ha3 beea i*su9d for bis arras:.?State. a victim in rociv 1iill. Ro?k IIill, Dec. 27.?Charlie J. Mil ler, wmie, a desparats character, shot ' and killed a negro namsd Cally Donglas?, ia front of J. W. Taylor's meat market tonight at 7.45. It S2em3 a3 if the men had baea engaged in a quarrel for some tlms when Miller drew a pistol and shot Douglass three tim33, killing him almost instantly. Miller his been employed as a guard at the stoskade here for four months. He skipped immediately after the Ihird shot and when last sesu was running in the direction of 131ack street. siiox AT A OIiniSTilAS feolic. Pleasant IIill, D33. 2'3.?William Wjf-t-a nTJC ch^- I ) ni<rhf hir ?? ;? wj j j A. * j j UI^UJ \J J William Mcllwain at a ne?ro frolic near this place. Watts diei this aiming. The shooting wa3 done with a 1 doable-barreled shot gan. It is siid that there was an old grudge between them. Both are colored. CtjeiMad. Xe\t 1'ork, D jc. 2-3.?The Riv. Dr. Samuel Lewis, a 701103 Jewish rabbi fro.n C.iarles'.oa, S. 0. wa? transferred yesterday mxning from JJelievue ho3pitai to the tfioomingdale insane asyium. He had suddenly shown sigu3 of dementia while on his wedding trip and his nrettv bride hal harried him back to this city to have him treated by competent specialists. Mrs. Lewis herself was nearly wild with excitement when her honeymoon cume to an ? abrupt end. Dr. Lewis wa? uot all violent* bathe had the delusion that he was being persecute! and that a conspiracy haJ been forme.1 to kill him. He had jump id to his feet while passing through Virginia on a train and said: "Tou only married me for jmy money; 1 will not stay with you another hour." Mrs. Lewis tearfully listened to his ravines un-ible to understand at t'ret r?iunorp in hie manner When tcM by physlciaus that his mind had given way she immediately notified her relatives that she was oming pack to them. Dr.L :wis's marriage occurred jast one week a?o to Jay. The bride was Miss Clara Ury, andthe ceremony whs performed as the residence of. Louis* Snasu No. 103 East 94:ti street Dr. and Mrs. Lewis spint las: Tuesday *** night at the Hotel Savoy at 2y:h street aud'Fifth Avenue, and started for the South the following morning, intending to take a brief trip before Dr. L3Wic rafnrnji rr> his l>ih.)rs in Charleston. vvS