Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, February 08, 1893, Image 1
n z ; _ _ - . _ = :
lewis m. ?bist, Proprietor, j 31 ii Jndrpriulcnt ^family Ittni'spapfr: q?oi; the promotion of the folitical, Social, Agricultural and Commercial .jnterests of the ^outh. | TERMS?$2.00 A YEAR IN ADVANCE.
VOL. 39.
HlTTJ
BY F. A. MITCHEJ
Copyright, 1892, by Anie
CHAPTER XVHI.
OFF FOR THE UNION* LINES.
IPS jIVV
<2L.
you uns is a gentleman, and I air poor ]
white trash."
Mark's first impulse after Fitz Hugh's
N departure was to leave the house at ;
once. He tried to say something to
Laura to soothe her, to excuse his own
unfortunate part in her breaking with
her lover. He could only go to her and '
taking her hand hissed it without a
word. Then he told her that he should :
take the ri?k of capture and depart in- i
stantly.
He was discoursing upon the method
^ of his departure in ouiek, excited tones, 1
* when a horseman e-itered the yard, and !
riding up to the veranda diew a letter
from his belt and handed it to a negro
who went out to receive it. It was for
Mrs. Fain. It had been sent through
the lines from Nashville, where her husband
was lying dangerously ill, and
begged her to come to him.
After its perusal Mrs. Fain determined
to set out Ihe next day, taking with her
her daughter and the maid Alice. Daniel
would drive them.
"You shall go with us," said Laura to j
Mark. "This is fortunate. In our com- |
pany you will be far safer than trying 1
to make your way alone."
It occurred to Mark that since he was
being hunted as a half starved creature
in the disguise of a negro girl he would
be less liable to suspicion as a well
dressed man traveling with a party of
southern ladies than in any other character.
At any rate he took this view of
it, and when Mrs. Fain announced her
intention to go he offered to escort the
party to the Union lines.
The offer was accepted, and preparations
were made to leave the next morning.
Mrs. Fain wrote a note to the officer
in command at Chattanooga (to send with
the letter she had received from her hus- j
band for his perusal) asking for a pass !
for herself, her daughter and two serv- |
ants. Mark took the missives and went j
out to find Daniel, who had just re- j
tni-no/1 frnm fViaf fannnca
"""Well! Daniel?"
"I be'n dar."
"What did you learn?"
? "I hearn ebery one talken 'bout sojers j
goen to 'de norf, and dey sayd day was i
goen to Knoxville. Dey was uiarchen 'n
marchen all de same way. I follered 'n
dey brung up at de depot, 'n I sor one
train after anudder go out full o' sojers
inside and hangen on to de platfo'm and
on de roofs."
' "How many trains did you see go out?"
" 'Bout forty hundred."
"Daniel," said Mark, smiling at the
figures, "you're smart as a whip. But
you'll have to go right back to Chattanooga,
and take this note to the commanding
officer with this letter from
your sick master to show him. The note
is a request for a pass for the party to j
the Union lines. Keep your wits about ;
you, and if he is an easy going sort of a !
man, you might try to get him to put in '
three servants instead of two. At any"
rate try to ring me in if you can. Do
you understand?"
"Reckon I do, sah."
"Can you read?"
"A leetle. Missie Laura learned me."
"Well, read the pass he may give you
and ask him to fix it so that it will include
me as a servant. But you must use
your judgment."
Daniel drove again to Chattanooga, i
Mark waited anxiously for his return. !
Indeed so impatient was he that he :
. .. thought the negro had been gone twice j
^ as long as he had when he - aw him drive |
into the yard. He at once went out to |
KL the barn to meet him.
K "Any luck?" he asked anxiously.
W "I got de pass for misses and de res', !
B but I didn't get what yo' wanted. I got :
ra paper hyar. Mebbe it'll do."
*" Mark took the paper. It was a pass j
for Thomas Green and wife from Chat- |
tanooga to the Union lines.
"How did you get this," asked Mark, j
surprised.
"I hab to wait while folks was getten
passes. De officer go out to de udder
room fur a moment. Dis was layen on
de desk 'n I tuk hit up and brung hit
away."
"Well," said Mark, "it's not exactly
what I want, but iugenuity will have to
help me through. You're a trump,
Daniel."
In the morning when all was ready
for the departure two vehicles were
brought around to the door, the one, a
two horse carriage, the other Laura's ;
phaeton, drawn by her pony. Mrs. Fain
entered the former with Alice, Daniel
being in the driver's seat. Laura and
r Mark got into the phaeton.
Mark took the lead, designing to make j
for Battle Creek. The distance was not !
twenty miles, and he knew that they
could make it in a few hours. It was a
bold game he was playing, but the
proximity of the halter was wearing on j
him. and he desired to eefc rid of sus
pense. Besides his presence, connected |
, with his critical situation, was wearing
on Laura. He therefore felt an exhil- 1
Iarating pleasure when they drove out of
the gate and trotted along the pike
westward. Hope cheered him.
All went well during the first ten or
twelve miles, when Mark received a
piece of information which seriously interfered
with his pla*i. Meeting a
conrier riding towaru Chattanooga,
who looked as if he might be the bearer
of some important news, Mark hailed
him and asked if he had anything from
the front.
"The Yankees air eetten no'tli rierht
smart," the man replied. "Reckon th'
air left Battle Creek."
Mark argued that if this were truo
there would be confusion on that route,
and it would be better to take another. I
They were not far from the road leading
. from the Chattanooga pike north to An- i
derson, on which the Slacks lived. ;
Mark concluded to take this road as far
a a Anrlorarvn mwl efriiro woef wifli
[ a view to reaching McMinnville on the
other side of the mountains. Mrs. Fain i
i left all to Professor Rhett, in whom she
bad perfect confidence, and on coming
to the road in question Mark led the
party northward.
The change of route was unfortunate, j
inasmuch as it would add another day
to the journey. The departure from the
Fain residence had been delayed by the j
^ preparations till nearly noon. McMinn*
ville was a considerable distance over |
the mountains, and Ma<*: knew they I
could not reach it that night. He re- !
" membered that they would soon pass
the SI icks\ and it occurred to him that
it won Id be a capital place to pass the j
night, giving them a good day of twelve j
hours light on the morrow to pursue 1
I -
iieiM.]
I
L, (LATE U.S. A.)
ricnn Press Association.
their journey. His disappointment at
the delay was compensated for by the
ai. iu?t
iiitiu no nuum new i j warn i
something of Souri and Jakey, of whom
he had heard nothing since ho left them
in th? Chattanooga jail.
Mark told Laura of his plan. She was
distressed at the delay. Something
seemed to tpll lier that it would bring ;
trouble. But Mark's reasoning was un- j
answerable, and there seemed nothing
else to do. If they must spend a night
anywhere it would better be among
those upon whom Mark could rely.
At last they drove up at the Slacks' i
gate. Mark handed the reins to Laura
and jumped from the phaeton impatient- !
ly. Not seeing any one in the front of ;
the house he proceeded to the rear. The j
first person he met was Jakey. He took
the boy up and hugged him.
"Are you glad to see your big brother, j
Jakey?"
"Air th' corn ripe?"
Souri came out of the house, her big i
eyes glistening and her expressive face |
radiant with pleasure and excitement, i
She had heard nothing of Mark since he ;
left her in prison. Mark seized her by |
both hands.
"You uns air safe. I knowed it," she ;
said, almost in a whisper. She could j
hardly speak for joy.
"For the present, Souri, thanks to j
you."
Mark asked no questions then. He
knew that they were safe and at home,
and he hastened to inform them and the
father and mother who came out to welAnrno
lum fliof Y\n troa Tvifh o_ nni*f.v
was unaware of his true character, which
they must not betray, and desired permission
to stay in the house over night.
Then he led them around to the gate.
Daniel had meanwhile caught up, and L
the two vehicles were halted in the r^ad. j
"We will spend the night with these !
good people," said Mark. "Th6y are '
quite willing, and will make us as comfortable
as possible."
The party alighted and the horses were
driven to the barn. Mrs. Fain and her
daughter were given the room in which
Mark had changed his clothes when he
went through to the south, and Mark was
assigned a bivouac on the gallery, or in
the barn, or any other place he might select.
An apology for a meal was carried in
to Mrs. Fain and Laura, which they left
untasted, preferring a luncheon they had
brought with them in a basket. After
supper Laura came out and begged Mark
to bring Souri and Jakey to speak to her.
She smoothed Jakey's tumbled hair out
of his eyes and asked him if he remembered
her. Jakey was about to reply in
his usual fashion when he checked himself,
and for the first time since Mark
had known him answered directly.
Souri stood eying Laura from the corners
nf her black eves with a inineled
expression of admiration and antagonism.
Laura spoke to her kindly, but
got only monosyllables in reply.
Mark passed the evening with the
Slack family listening to a recital of
Souri's and Jakey's experience after he
had left them in the jail at Chattanooga,
and he gave them an account of his own
adventures.
After all were asleep that night Mark
took Farmer Slack out into the yard,
where they could converse unheard, and
developed a plan he had conceived for
Souri and Jakey.
4 "It is due to your son and daughter,"
he said, "that I am here at this moment,
indeed that I am alive. I belong to a
wealthy family and am wealthy myself.
It only requires means to make a splendid
woman of the girl and a fine man of
the boy, for means will produce education,
and education is the open door to a
desirable career. I am going to leave
with you a letter to my father in Ohio,
which will contain an order for a suffi- |
cient amount of money to insure both
Jakey and Souri an education. Take or
send them north, present the letter, and
you will find everything provided for
you. Souri may not consent at once,
but doubtless she will in time. Now I
must have pen and paper."
"You uns is a good uu, stranger. Y'
treat us f'ar. Hadn't you better send the
letter when y' git no'th?"
"No. I must write it tonight. I am
by no means safe; my neck is still in a |
halter."
The man led the way to his bedroom, j
where the old woman was sleeping, j
There he produced writing materials, !
and Mark wrote an order which, whether I
he lived or not, insured the future of his j
two friends, his preservers among the
' poor white trash" of Tennessee.
The night was passed with snatches of j
sleep by all tlie party, in tne morning, j
after the pork and corn bread meal of !
I lie country, the travelers again got
into the carriages. While they were
standing before the gate prior to departure
Mark saw Souri out by the wellhouse.
He went there to bid her good- i
by.
"Souri," he said, "I wish there was
some way in which I could show you
the gratitude I feel toward you. When
I think of my fate, had you not appeared !
in the nick of time to save me by your i
wit and daring and sacrifice, I feel that i
I would like to make some corresponding
sacrifice for you."
"Laws, I didn't do notheu. Besides" |
?she leaned over the well and looked j
down into its depths?"you uns and me I
is too differ. You uns is a gentleman,
and I air poor white trash."
There was an inexpressible melan- !
choly in her tone.
"Souri," Mark went on, "I have made
an arrangement with your father to j
make a lady of you. I can't make such ;
a sacrifice for you as you have made for ;
me; that is impossible; but I can do this i
if you will act with me and consent to
the plan. I shall be off in a moment,
and before I go I want you to promise
me that you will consent. I am still in
danger, and you must grant me this as
perhaps a last favor."
The girl burst into tears.
"Promise."
"I don't keer what I do."
"Do you promise?"
"Yas, I promise."
With a pressure of the hand he turned
away, and stalking to the gate got into
the carriage beside Laura. Daniel and
Mrs. Fain had started. Mark followed, \
and had gone but a short distance when
he heard Jakey calling to him. He
pulled in the pony and waited for the i
boy to come up. Jakey was holding
something out to him, which, as he drew j
nearer, Mark recognized as the red silk j
handkerchief.
"soun sent it ter y v
"Tell her that I'll never part with it."
"'N I got the squirrel gun," said the i
hoy.
"All right, Jakey. Keep it to remember
me by."
Mark grasped the boy's hand and then
drove on. Laura Fain leaned back on
the cushions in silence.
CHAPTER XIX.
THOMAS GREEN AND WIFE.
Mark designed driving to Anderson,
6ome twelve miles from the Slacks'
house, whence he knew there was a road
leading up in the mountains through a
place called Altainont, some twenty
miles farther, to McMiunville. Ho was
informed by people ho met on the road
that Altamont had been recently occu
pied in force by the Union troops. With
luck they might reach the Union lines,
which would doubtless extend several
miles from Altamont, that afternoon.
'Within six hours," said Mark, "I
shall either be safe among Union sol- i
yo:
'Do you take vie to be your husbandf
diers or on my way back to Chatlia
nooga."
Laura shuddered, but said nothing.
Mark found a very different conditior
of affairs at Anderson from what he had
found along the road. The Confeder
ates had some cavalry force there ar.d
more at Dunlap, five miles north. Or
the road he heard that General Bragg
was at Dunlap, but with no troops save
cavalry.
"I see it all," said the spy to himself.
"The wily fox is confronting our forces
with a handful of cavalry, while the
two divisions of Cheatham and Withers
are marching north behind him, and the
main force has gone to Knoxville by
rail on a line still farther east. Nc
wonder our generals are puzzled and
watching a line from Battle creek tc
Cumberland gap. If the Lord will only
let me get through to carry tms inrormation,
I'll never ask to live to go on
another snch expedition."
The party were stopped near Anderson
by a picket. Mrs. Fain produced
her pass and stated that the two behind
were in her company. The officer took
no especial care in reading it, and when
Mark and Laura came up they got safely
through without question.
Mark was now anxious about the
picket which must be passed in a few
minutes on the road leading west from
Anderson. Mrs. Fain was still ahead,
and he hoped that all would go as well
as at the picket just passed. Net a
word was spoken between him and
Laura; both dreaded getting out of Anderson,
but once past the next picket they
would breathe easier.
When they reached it Mrs. Fain had
been passed through and gone on. The
officer in command, however, had read
the pass carefully. He had not noticed
any mention of Mark in it.
"Where's your pass?" he asked.
"Didn't the lady ahead show it tc
you?" asked Mark.
"Her pass didn't include you."
"Didn't it?" Mark feigned surprise.
"No."
"Oh, I forgot; mine and my wife's is
separate," and he drew out the pass of
"Thomas Green and wife."
Meanwhile Laura had turned white as
a cloth. The officer read the pass, and
would doubtless have let them go had
he not noticed Laura's agitation.
"You'll have to go back to headquarters
and get Major Taliaferro's order on
that. He commands at Anderson."
Mark remonstrated. He argued that
he would become separated from Mrs.
Fain; he urged his wife's desire to reach
her sick father. All in vain. He was
told that the headquarters were only
half a mile down the road and he would
lose but little time. He made a virtue
of necessity and drove back with apparent
good nature.
When he reached the house that was
pointed out to him as headquarters, he
left Laura in the phaeton and went inside.
The commanding officer had gone
to Dunlap, five miles away, to pay his
respects to General Bragg, and would
not be back for an hour or two.
Mark resolved to report his absence tc
the officer of the picket post, in the hope
that he would not be compelled to wait,
He drove to the picket and used his
tongue persuasively, but to no purpose,
The more anxious ho seemed the more
resolved grew the captain.
There seemed to be nothing to do bul
return and await the arrival of the commanding
officer. Mark reluctantly
turned the horse's head and drove bacl
to headquarters. Laura's heart sank
within her.
It was sunset when Major Taliaferro,
a pleasant looking man of twenty-sever
or twenty-eight, rode up to the door
and turning his horse over to an orderly
a. J i.1 AC
euiereu me owoc.
"Major Taliaferro?" asked Mark.
>* "At your service, sir."
"Major, I have been detained by th<
officer at the picket, who wants youi
name on my pass. My wife's mothei
has gone on, and her daughter is verj
anxious to join her. It is extremely un
fortunate for us to get 60 far separatee
from Mrs. Fain."
"Fain, of the Fains of Chattanooga?"
"The same."
"I have heard of the family, but hav<
never had the pleasure of meeting anj
member of it. Ono of my friends is en
gaged to Miss Fain. I have just partec
from him at Dunlap."
Mark and Laura cast a quick glanc<
at each other?a glance of terror on th<
nart of Laura.
Mr? - ?
"We are fortunate in falling into youi
hands," said Mark, and I beg you wil
not delay us a moment." And Marl
handed him the pass.
"Certainly not." And the major tool
up a pen to write his indorsement. Firs
ho read the pass carefully. Ho wai
thinking of what his friend Fitz Hugl
had told him of the Fains. He wai
under the impression that there was bui
one daughter.
"Mr. Green," he said, looking upfron
the pass, "hadn't you better stay hen
over night? The road is mountainou:
and infested by gurerillas. It is positive
ly dangerous to travel."
"By no means. What would Mrs
Fain think of ,ur not joining her on tin
road?"
"It is dangerous for her as well as you
I'll send a messenger after her and ad
vise her stopping at some farmhouse
I'll do better than that. I'll send a cor
poral and half a dozen men to insuri
her safety till morning."
There was something in the man'
tone, polite as it was, that indicated t<
Mark that he was held for further in
formation.
"As you please, major."
"And I shall insist upon your accept
ing my hospitality. One connected ii
any way with my friend Fitz Hugl
must not want for any comfort I cai
supply."
The house occupied by Major Talia
ferro belonged to a. family who ha<
gladly given up a portion of it for tin
safety insured by the presence of a com
manding officer. The major was givei
a room down stairs for an office, and i
bedroom up stairs. When it was decid
ed that Mark and Laura should reuiaii
he gave Mrs. Green, as he called her
the use of the latter for the purpose o
arranging her toilet before supper.
When Laura was upstairs Mark wa
looking out of the window of the ma
jor's office. Ho saw the men ride off t
overtake Mrs. Fain. To his consterna
tion another cavalryman, with a lette
in his belt, mounted his horse and dashei
down the x-oad.
Laura came down at that moment, am
Mark said to her anxiously.
"I am detained on suspicion. I filial
be taken back to Chattanooga," and h
pointed to the courier.
The color left Laura's cheeks. The;
had got so near to safety, and now, afte
60 many dangers, the end was at hand
She could scarcely sustain herself as sh
tottered into the room occupied as th
office.
This is the letter the courier bor
northward. It was addressed on th
envelope to Captain Cameron Fitz Hugh
near Dunlap:
RKVILLE, S. C.
anderson, Aug. 29,1862.
| My Deak Cameron?a man purporting to
bo Thomas Green, with his wife, formerly a
, Miss Fain, of Chattanooga, In here, desiring a
pass to tho Union lines. There is something
suspicious about the man. The couple are sepj
arated from the wife's mother, and tho father
! lies very ill at Nashville. I dislike to detain
; them, and I do not regard it sife to pass them.
Can you help me out of the difficulty? Yours
very truly, Wallace Taliaferro.
Major Taliaferro soon joined Mark
I and Laura in his office, and offering his
arm to Laura led the way to the supper
room. His treatment of "both was most
' deferential, but it failed to deceive either
that they were prisoners.
There was a strength of nerve in Mark
; that would not break while there was
j hope. He chatted with the host or jailer,
! whichever he might be called, with ease,
and at times with gayety. Not so Laura.
The situation was too frightful for her
, to endure without some manifestation
of anxiety. She ate nothing. She did
not hear what was said to her, and her
i eyes plainly showed the troubled spirit
within. Mark made no reference to her
, condition till after supper. Then, when
[ all three went out 011 to the veranda, he
said to her:
[ "Come, let us take a stroll. You have
t been traveling all day, and this delay
troubles you. A walk in the air will re|
vive you."
Mark assumed with such apparent
carelessness that he was free to walk
1 about where he liked that Taliaferro
, had not the will to stop him. Besides
, he had no heart to interfere with the
, ! pleasure of a woman whom he was pre.
tending to treat as a guest. The couple
, j walked leisurely down the road, Mark
[ looking at the sunset tints with well as,
sumed indifference, occasionally pointing
to some object by the way or in the
distance, calling Laura's attention to it
1 at the same time. He knew the major's
gaze was fixed upon him, and ho was
doing all this for a purpose.
The road led straight from the house
a short distance and then entered a
wood. As soon as they were concealed
behind the trees Mark stopped suddenly
and turned to Laura:
"My God, this is terrible!''
1 "You are lost!" said Laura faintly.
She could scarcely speak the words.
"I? Yes, I. But you?what have I
led you into? Why was it not over 011
that morning when it was intended?
Then you would not be implicated; now
your good name is"
"No one will trouble me," she gasped.
"But you?they will drag you"
"You have protected me?a spy. Not
only that?that is nothing in comparison
1 with having passed as my wife. There
is a blight."
"I can bear it."
"There is but one way out of this disgrace.
You must be married before we
? return to that house. And to whom?"?
his voice changed from a rapid, excited
tone to deepest gloom?"to one who must
die?die on the scaffold. At any rate
you will be free. You will be a widow."
1 Laura stood, the very impersonation
! of despair.
"All I can do to atone for this," Mark
1 went on rapidly, "and it is nothing?is
I to make you my wife, since I have passed
; youasBuch. Laura, will you marry me?"
I OI1U 1UUIVCU ell/ uim vuiui.ovij ajlva
eyes were big with deep emotion. There
i was n look in them that he could not understand.
; "No!"
"Then I can do nothing for you."
l "I will marry only the man who loves
i me, and whom I love."
"Oh, Laura," he said, "if your heart
[ were only mine, then it would be dif?
ferent. I love you so well, I worship
you with, such fervor that I would go
back to that dreadful jail without a
i word could I place you where you were
> before you met me. But you"
Laura burst into a torrent of tears.
i This man, who had so suddenly api
peared in her life; who had won her
[ sympathy; who had compelled her admiration;
who had absorbed her whole
> being into his daring, chivalrous, reck>
less nature?this man loved her, and he
was doomed.
i With a cry she threw her arras around
, his neck.
> "Laura, sweetheart," said Mark, caressing
her, "we have but little time.
; We know not whom we shall have to
face. My true character must soon be
r known. Will you give yourself to one
: who will doubtless tomorrow be claimed
: by"
Pale as ashes she put her hand over
. his mouth that he might not speak the
| word "death."
"Will you? Speak!"
' "Yes, now, quick; what can we do?"
"Marry ourselves."
"How?"
He grasped her hand. There was a
5 ring upon it?a plain gold band. He
. took it off, and putting it on her finger
1 again said:
I "T \TnrV'
"Ia it really Mark?"
I "Yes, I am Mark Maynard. I, Mark,
! take you, Laura, tc be my wife. Do you
I take me to be your husband?"
"I do."
5 ! "Then we are man and wife in the
T I eight of God"
. I "And for man we care not."
j ! "Man and wife under the law. We
I are really married."
5 ! Scarcely was this hurried ceremony
} ! over when a cavalryman came riding
leisurely from the direction of lieadr
! quarters. He had been sent by Major
j I Taliaferro?who, as soon as Mark was
! out of sight, became anxious with re!
gard to him?with instructions to keep
t J him in sight without appearing to do so.
l j There was nothing left for them to do
j ' but return to the house. As they walked
j Mark whispered:
3 i "I feel again all the confidence I have
(. : ever felt. I must live to make you happy.
I Be ready for anything that may happen,
j i my darling, my wife. I shall doubtless
3 pluy some bold game; I don't know
3 what, but it will be bold. If I leave
you suddenly, meet me (should I succeed
j in my attempt) within the Union lines.
If not, we will meet?in heaven."
j These few words were all that Mark
i had time to say to his newly married
wife. For scarcely had they turned to
1 ' go back when they met the major. He
! was uneasy lest Mark should depart
1 I without leave. He accompanied them
| back to the house.
I .!.<) IIK roNTIXI'Kn NKXT WKKK.]
I
S j
3 I Didn't Takk Quitk All.?Senator
* I Carlisle is comparatively a poor man.
lie was never able to save money, and
the pay of a Cabinet officer, $8,000,
says about one-third the expense of the
1 treasury. When Senator Lamar, who
1 i had just married a young wife, was upI
i pointed secretary of the interior by
I Mr. Cleveland, his wife spent a week
* j house hunting, and finally found what
* J seemed to be a suitable residence for a
0 | cabinet officer. She drove to the scn*
j ate, of which Mr. Lamar was still a
II ! member, to tell her husband the news
a | of her discovery. His first question
was:
1 "What is the rent dear?"
? "Seventy-five hundred a year."
The senator lapsed into deep thought
and the young wife said, rather ner3
I vously:
^ i "Do you think it extravagant?"
^ I ''It is not that," returned jjamur
slowly. "I was just wondering what
* i I should do with the other $500 of my
j salary."
* i Nancy (iarrison, a negress living
I at Holly Springs, Miss., has the long^
! est hair, probably of any woman in the
0 j world. She is about (50 years old.
' Her hair she wears in three plaits.
! The side plaits just touch the floor,
r 1 while the plait behind drags two feet
j nine inches on the lloor, and measures
6 I eight feet in length. It is a silver in
0 j color, and she wears it in coils upon
her head,
e t
j6 Sleight of hand?Refusing an of'
fcr in marriage.
, WEDNESDAY
m DISPENSARY LAW,1
i '
A
Pure Liquor in Sealed
Packages.
| DRINKING SALOONS MUST GO!
j Town, County and State Foot the Bills |
Incident to the Sale and Use of
Liquor. Therefore, the New
Law Seeks to Regulate
the Business and to
Take the Proceeds.
THE FULL TEXT OF THE RECENT ACT.
An act to prohibit the manufacture and
sale of intoxicating liquors as a beverage
within this State, except as herein
permitted.
Section 1. Be it enacted by the senate
and house of. representatives of
the State of South Carolina, now met
and sitting in general assembly and by
the authority of the same, That on
i ancLafter the first day of July, A. 1).,
; the manufacture, siile, barter or :
| exchange, or the keeping or offering !
for sale, barter, trade or exchange, I
i within this State, of any spirituous, ;
| malt, vinous, fermented or other intoxi- i
i eating liquors, or any compound or j
1 mixtures thereof, by whatever name i
! called, which will produce intoxica- I
! tion, by any person, business firm, corporation
or association, shall be regu!
lated and conducted as provided in
l this act.
Sec. 2. The governor shall, within
i thirty days from the approval of this I
i act, appoint a commissioner, and all |
j subsequent appointments, which ap- '
i pointments shall be submitted to the j
senate at its next ensuing session for
i its approval, believed by him to be an 1
! abstainer from intoxicants, who shall, ;
i under such rules and regulations as j
may be made by the State board of
I control, purchase all intoxicating liqi
uors for lawful sale in this State, giv
! ing preference to manufacturers and
brewers doing business in this State,
j and furnish the same to such persons
i as may be designated as dispensers
j thereof, to be sold as hereafter pre- !
i scribed in this act. Said commissioner i
| shall reside and have his place of bus- J
I iness in the city of Columbia in this i
i State, and hold his office two years '
! from appointment, and until another i
i is appointed in his stead, subject to re- j
| moval for cause by the State board of
! control. He shall qualify and be comj
missioned the same as other officers,
and receive an annual salary of $1,800,
I payable at the same time and in the
same manner as is provided for the pay- j
ment of salaries of State officers, lie j
shall be allowed a bookkeeper, who I
; shall be paid in the same manner a :
j salary of $1,200, and such other assist- I
ants as in the opinion of the board of j
control may be deemed necessary. He j
shall not sell to the county dispensers
j any intoxicating or fermented liquors |
I except such as have been tested by the I
i chemist of the South Carolina college |
! and declared to be pure and unadulI
terated: Provided, That said State
! board of control shall have authority
to appoint such assistants as they may
find necessary to assist the chemist of
the South Carolina college in making
the analysis required by this act, and
the said State board of control may fix
such reasonable compensation, if any,
as they may deem proper for the services
rendered by such chemists, or
such assistants. The State commissioner
shall not receive from said
county dispensers for such liquors sold
to them, more than 50 per cent, above
the net cost thereof, and all amounts
so received by him from said sales
shall be by him paid over to the treasurer
of the State monthly, under such
rules as may be made by the State
board of control to insure the faithful
return of the same; and the State
treasurer shall keep a separate account
with said fund, from which the commissioner
shall draw, from time to
| time, upon warrants duly approved by
! the said board, the amounts necessary
! to pay the expenses incurred in conducting
the business of said agency.
All rules and regulations governing the
said 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 a Slate
J board of control, composed of the govj
ernor, the comptroller general and atj
torney general. He shall, before entering
upon the duties of his office,
execute a bond to the State treasurer,
with sufficient sureties, to be approved
by the attorney general, in the penal
: sum of $10,000 for the faithful per|
formancc of the duties of his office,
i In all purchases or sales of intoxij
eating liquors made by said commis:
sioner, as contemplated in this act, the
i commissioner shall cause a certificate
j to be attached to each and every pack
age containing said liquors, when the j
1 same is shipped to him from the place
j of purchase, or by him to the county i
1 dispensers, certified by his official sig|
nature and seal, which certificate shall
! stale that the liquors contained in said |
package huve been purchased hy him ;
lor sale within the State of South Car- !
i olina, or to be shipped out of the |
! State, under the laws of said State, J
! and without such certificate, any pack- I
| age containing liquors which shall he j
brought into the State, or shipped out j
j of the State, or shipped from place to \
\ place within the State by any railroad, :
' express company, or other common j
I carrier, shall he regarded as intended
1 for unlawful sale, and upon conviction ;
thereof, such common carrier shall be '
I liable in a penalty of ?500 for each of- j
I fense, to he recovered against said I
j common carrier in any court of compej
tent jurisdiction by complaint pro,
ceedings to be instituted by the solid:
tor lor any circuit, with whom evi- I
| deuce of the violation may be lodged J
' by any citizen having knowledge or |
i information of the violation ; and any
! person knowingly attaching or using
; such certificate without the authority
! of the commissioner, or any counteri
feit certificate for the purpose of sccur
i ing the transportation of any intoxij
eating liquors into, ont of, or within
| this State, in violation of law, shall,
! upon conviction thereof, be punished
j by a fine of not less than $">00 and im!
prisonmcnt in the penitentiary for not
| less than one year for each offense.
| Said commissioner shall make a print|
ed quarterly statement under oath, I
| commencing August 1, IS!)!}, of all j
I liquors sold by him, enumerating the j
j different kinds and quantity of each '
1 kind, the price paid and the terms of :
i payment, and to whom sold. Also,
the names of the parties from whom
i the liquor was purchased, and their
i place of business and date of purclm.se,
| which statement shall be fded with the
| State board of control: Provided,
| This section shall not apply to malt
liquors shipped in cases or bottles
! thereof shipped in barrels.
See. 3. The State commissioners
| shall, before shipping any liquor to
county dispensers, cause the same to be
j put into packages of not less than
one-half pint nor more than five gallons,
and securely seal the same, and
it shall he unlawful for the county dispenser
to break any such packages or !
j open the same for any reason what- j
i ever. He shall sell by the package J
j only, and the purchaser shall not open j
i the same on the premises.
Sec. 4. It shall he the duty of the
State board of control to appoint a
county board of control composed of
three persons, believed by said board
not to be addicted to the use of intoxicating
liquors, who shall hold their
iT, FEBRUARY
office for a term of two years, and
until their successors arc appointed.
Said county board of control shall be
subject to removal for cause by the
State board of control. Said county
board shall make such rules as will be
conducive to the best management [
of tl * sale of intoxicating liquors in
their respective counties: l'rovided,
all such rules shall he submitted to the
State board and approved by them be- |
fore adoption. Said county hoard of ;
control shall qualify and be commis- j
sioned the same as other ofiicers, without
fees therefor.
Sec. If any county dispenser, or (
his clerk, shall purchase any intoxieat- (
ing 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 j
for sale, any liquors other than such as
have been purchased from the State ;
commissioner, or shall adulterate, or
cause to be adulterated, any intoxicating,
spirituous or malt liquor which he
or they may keep for sale under this
act, by mixing with the same any coloring
matter or any drug or ingredient
whatever, or shall mix the same with
other liquors of different kind or
quality, or with water, or shall sell or ;
expose for sale such liquors so adulter- !
atcd, knowing it to be such, he or j
they shall he guilty of a misdemeanor i
and fined in a sun) of not less than
$200 or imprisoned in the county jail [
for not less than six months.
See. (5. That on and after the first ,
day of July, 1S93, no person, firm, association
or corporation shall nianufac- j
ture for sale, sell or keep for sale, exchange,
barter or dispense any intoxicating
liquors for any purpose whatever
otherwise than is provided in this j
act. County dispensers, as herein provided,
shall alone he authorized to sell [
and dispense intoxicating liquors, and
all permits must be procured, as here- I
inafter provided, from the county hoard
of control: Provided, that no license !
for the sale of spirituous liquors now j
authorized to be granted by municipal
authorities, shall he of any force or
effect after the 30th day of June, 1803,
but licenses may be issued or extended
to said 30th day of June, 1803, upon 1
payment of one-half of the annual li- ;
cense required by the municipal and j
county authorities in cities or towns, I
where such licenses are or may be au- j
thorized to he issued : Provided fur- j
titer, that manufacturers 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
to the State commissioner and to parties
outside of the State. Every package,
barrel or bottle of such liquors
shipped beyond the limits of this State
shall have thereon the certificate of the
State commissioner allowing the same,
and otherwise it shall be liable to confiscatiou,
and the railroad carrying it
shall he punished as in section 2. And
provided, that any person shall have
the right to make wine for his or her
own use from grapes or other fruit.
Sec. 7. Applications for position of
county dispenser shall be by petitions
signed and sworn to by the applicant
and filed with the county board of control,
at least ten days before the meeting
at which the application is to be
considered, which petition shall slate
the applicant's name, place of residence,
in what business engaged, and
in what business he has been engaged
two years previous to filing petition ;
that he is a citizen of the United States
and of South Carolina; that he has
never been adjudged guilty of violating j
the law relating to intoxicating liquors, :
and is not a licensed druggist, a keeper j
of a hotel, eating house, saloon, restaurant
or place of public amusement,
and that he is not addicted to the use |
of intoxicating liquors as a beverage, j
This nermit or renewal thereof shall !
i
issue only on condition that the applicant
shall execute to the county !
treasurer a bond in the penal sum
of $3,000, with good and sufficient j
sureties, conditioned that he will I
well and truly obey the laws of the '
State of South Carolina now or hereaf- |
ter in force in relation to the sale of i
intoxicating liquors; that he will pay I
all fines, penalties, damages and costs j
that may be assessed or recovered ;
against him for violation of such laws
during the term for which permit or '
renewal is granted, and will not sell |
intoxicating liquors under his permit at j
a charge exceeding fifty per cent, above i
the cost thereof. Said bond shall be j
for the use of the county or any per- i
son or persons who may be damaged j
or injured by reason of any violation !
on the part of the obligor of the law I
relating to intoxicating liquors purchased
or sold during the term for
which said permit or the renewal thereof
is granted. The said bond shall be
deposited with the county treasurer, j
and suit thereon shall be brought at ;
any time by the solicitor or any person j
for whose benefit the same is given ; and !
in case the conditions thereof, or any of
them, shall be violated, the principal ,
and sureties thereon shall also be joint- ;
ly and severally liable for all civil dam- ;
ages, costs and judgments that may ;
be obtained against the principal in any :
civil action brought by wile, child, ;
parent, guardian, employer or other
person, under the provision of the law. i
All other moneys collected for breaches
of such bond shall go into the county
treasury. Said bond shall be approved
by the county board of control, under {
the rules and laws applicable to the I
approval of oilicial bonds.
Sec. 8. There may be one county
dispenser appointed for each county, ;
whose place of business shall be at the
county seat of said county, except the I
city of Charleston, for the county of j
Charleston, where there may be ten j
dispensers, and except for the city of
Columbia, for the county of Itichlund, j
where there may be three dispensers
sition of county dispenser be granted, I
it shall not issue until the applicant
shall make and subscribe on oath he- ;
fore the clerk of the county hoard of |
control, which shall he endorsed upon I
the bond, to the effect and tenor fol- )
lowing: "I , do solemnly i
swear (or allirm) that I will well and j
truly perform all and singular the conditions
of the within bond, and keep (
and perform the trust confided in me t
to purchase, keep and sell intoxicating ;
liquors. I will not sell, give or furnish !
to any person, any intoxcating liquors j
otherwise than is provided by law, '
and especially, I will not sell or fur- ;
nish intoxicating liquors to any person
who is not known to me personally, '
or duly identified, nor to any minor, j
intoxicated person, or persons who are
in the lmhit of becoming intoxicated,
and I will make true, full and accurate
8, 1893.
returns to the county board of control |
the first Monday of each month of all si:
certificates and requests made to or qt
received by me as required by law cc
during the preceding month; and such , pi
returns shall show every sale and de- ti:
livery of such liquors made by or for so
me during the month embraced there- ju
in, and the true signature to every re- ai
quest received and granted ; and such i ai
returns shall show all the intoxicating of
liquors sold or delivered to any and | 01
every person as returned." Upon tak- j Si
ing said oath and filing bond as here- i pi
inbefore provided, the county board of e\
control shall issue to him a permit au- at
thorizing him to keep and sell intoxi- tli
eating liquors, as in this act provided;
and every permit so granted shall Si
specify the building, giving street and n<
number, or location, in which intox- so
ieating liquors may be sold by virtue in
of the same, and the length of time in sc
which the same shall be in force, which j h<
in no case shall exceed twelve months, tli
Permits granted under this act shall ta
be deemed trusts reposed in the recip- si;
ients thereof, not as a matter of right, li<
but of confidence ; and may be revoked pi
upon sufficient showing by order of sc
the county board of control; and upon is
the removal of any county dispenser,
or upon demand of the county board in
of control, he shall immediately turn m
over to the said county board of con- m
trol all liquors and other property in pi
his possession belonging to the State or cc
county. Said county board of control li<
shall be charged with the duty of pros- pi
ecuting the county dispenser, or any of ti;
his employees, who may violate any of us
the provisions of this act. er
Sec. 10. The county board of control di
shall use as their office the office of the fo
county commissioners of their respec- sh
tive counties, and the clerk of the board tli
of county commissioners shall serve as ar
their clerk. They shall preserve, as tli
part of the records and files of their sli
office, all petitions, bonds and other pa- at
pers pertaining to the granting or re- cc
vocation of permits, and keep suitable in
books in which bonds and permits tr
shall be recorded. The books shall be ki
furnished by the county like other us
public records. The county board of hi
control shall designate or provide a ni
suitable place in which to sell the tli
liquors, and shall furnish or grant per- dt
mits to purchase from the State com- to
missioner such liquors as shall be nee- st
essary. The members of the county pi
board of control shall meet once a so
m'onth, or oftener on the call of the 01
chairman, and for their services they qi
shall each receive a per diem of $2, ot
and 5 cents mileage each way, and hi
their clerk shall receive $2 per day for cc
the days actually employed as such, cc
but they shall not receive compensation pi
for more than thirty days in any one ; ai
year. They shall, upon approval of the | so
State board of control, employ such as- j u]
sistants for the county dispenser as may j tli
be necessary. The, county dispenser j te
and his associates shall receive such tr
compensation as the State board of ! en
control may determine. All profits, I tl
after paying all expenses of the coun- I b<
ty dispensary, shall be paid one-half to | di
the county treasury and one half to j ai
the municipal corporation in which it T
may be located, such settlements to be c(
made monthly. ti
Sec. 11. Before selling or delivering
auy intoxicating liquors to any person, d<
a request must be presented to the aj
county dispenser, printed or written in a<
ink, dated of the true date, statiug
the age and residence of the signer, sc
for whom and whose use the liquor is pi
required, the quanityand kindrequcs- ai
ted, and his or her true name and resi- ui
deuce, and, where numbered, bystreet pi
and number, if in a city, and the re- b;
quest shall be signed by the applicant si
in his own true name and signature, tl
attested by the county dispenser or his tr
clerk, who receives and files the re- vi
quest, in his own true name and signa- b<
turc and in his own handwriting. But of
the request shall be refused if the lii
county dispenser filling it personally i
knows the person applying is minor, ai
that he is intoxicated, or that he is in si;
the habit of using intoxicating liquors ; 01
to an excess; or if the applicant is not j e(
so personally known to said county dis- iz
penscr, before filling said order or de- m
livering said liquor, he shall require cr
identification, and the statement of a tl
reliable and trustworthy person of b<
good character and habits, known per- cc
sonally to him that the applicant is not b;
a minor, and is not in the habit of us- tl
ing intoxicating liquors to an excess. b<
appointed, whose place of business |
shall be located in such sections of
said cities as will be most convenient '
for the accommodation of residents [
thereof. At least ten days before the I
first day of the meeting at which the I
applications for the position of county ;
dispenser are considered, the applicant '
shall file with the county board of con- j
trol, and a copy thereof with the clerk
of court, in support of the application, |
such a petition as is provided for in
section 7, signed by a majority of the ;
freehold voters of the incorporated
town or citv in which the permit is to
be used, and cacli person aforesaid shall
sign said petition by his own true name '
and signature, and state that each, bebefore
signing, has read said petition ;
and understands the contents and i
meaning thereof, and is well and per- I
sonally acquainted with the applicant: I
Provided, that in the judgment of the .
county board of control, other dispell- j
sarics may be established in other
towns in any county.
Sec. J). If the application for the po- ;
Sec. 12. Requests for the purchase I n<
of liquor shall be made upon blanks
furnished by the county auditor, in j hi
packages of one hundred each, to the ai
county dispensers from time to time as ui
the same shall be needed, and shall be p<
numbered consecutively by the audi- ti<
tor. The blanks aforesaid shall be bi
furnished to the county auditor by the di
State board of control in uniform cl
books like bank cheeks, and the date i qi
of delivery shall be endorsed by the j cc
county auditor on each book, and re- j to
ceipt taken therefor and preserved in j qt
his office. The county dispenser shall j in
preserve the application in the original gi
form and book, except the tilling of the i vi
blanks therein, until returned to the : tli
county auditor. When return thereof | pi
is made, the county auditor shall en- | tli
dorse thereon the date of return, and y<
tile and preserve the same, to he used
in the quarterly settlements between re
the county dispenser and the county j j),
treasurer. All unused or mutilated j hi
blanks shall be returned or accounted . m
for before other blanks are issued to j m
such county dispensers. pi
Sec. 13. On or before the tenth day al
of each month, each county dispenser ' j);
shall make full returns to the county di
auditor of all requests tilled by him j ni
and his clerks during the proceeding ai
month, upon blanks to be furnish- ; w
ed hv the State board of control for 1 a!
the purpose, and accompany the same j to
with an oath, duly taken and subserib- s|
ed before the county auditor or a no- ! ni
tary public, which shall be in the follow- pi
ing form, to wit: "I, , being 1 n<
duly sworn, state on oath that requests m
for liquor herewith returned are all nj
that were received and filled ut my
place of business under my permit dur- til
ing the month , IS?; that I ai
have carefully preserved the same, ; p,
and that they were filled up, signed : pi
and attested at the date shown thereon j <p
as provided by law; that said requests ; Cf
were filled by delivering the quantity i 0i
and kind of liquors required, and that h<
no liquors have been sold or dispensed j sa
under my permit during said month n)
except as shown by the requests here- j
with returned, and that I have faith- j ju
fully observed and complied with the , ju
provisions of my bond and oath taken a
by me, thereon endorsed, and with all ' al
the laws relating to my duties in the ' cj
premises." I ,]j
Sec. 14. Upon failure of any county pi
dispenser to make the returns to the | h<
auditor as herein required, it shall be pi
the duty of said auditor to report such , pi
failure to the county board of control, lii
and I be said county board of control, j al
shall immediately summon said delin- ai
quent county dispenser to appear be- ai
fore them and show cause why his per- si
mit should not be revoked ; and if the si
cause shall not be shown to the satis- s?
faction of the country board of control, ; tc
they shall immediately annul said per- ei
mit and give public notice thereof; and ai
the solicitor shall proceed to enforce the ; ni
penalties prescribed in this act for such ol
violation against said county dispenser lc
at the next succeeding term of court ! oi
of the county in which such permit is ol
held, and any county dispenser who tl
shall sell or dispense any intoxicating ol
liquors after his permit shall have been in
? ? ? a i r i _
revoked, snail, upon conviction uieruuj, ct
be lined not less than SoOO, and be im- yi
prisoned in the county jail for six
months. h
Sec. 1"). Every county dispenser ( i
iair keep a strict account of all lilors
received by him from the State
unmissioner, in a book kept for that
lrpose, which shall he subject at all
rues to the inspection of the circuit
ilicitor, any peace oilicer or grand
ror of the county, or of any citizen,
id such hook shall show the amount
id kind of liquors procured, the date
' receipt and amount sold, the amount
1 hand of each kind for each month,
ich hook shall he produced hv the
irty keeping the same, to he used as
ridence on trial of any prosecution
qiinst liirn, on notice duly served that
ic same will he required as evidence. ! s
Sec. 16. The payment of the United i
ates special tax as a liquor seller, or I
itice of any kind in any place of re- I
>rt, or in any store or shop, indica- I
g that intoxicating liquors are there 5
ild, kept or given away, shall be | j
ild to be prima facie evidence that i I
te person or persons paying said I
.x and the parties displaying such <
ich notices are sellers of intoxicating I
juors, and unless said person or i
irties are selling under permit as per- <
ribed by this act, they shall be pun- i
hed as provided for by this act. i
Sec. 17. Licensed druggists conduct- 1
g drug stores and not holding per- j <
its, and manufacturers of proprietary s
edicines, are hereby authorized to I <
irchase of county dispensers of the i
tunties of their residence, intoxicating <
juors (not including malt) for the j 1
irpose of compounding medicines, } t
actures and extracts that cannot be ! <
>ed as a beverage. Such permit hold- j
s shall not charge such licensed I (
uggists over 10 per cent, net profit i s
.. 1? 1,1
r nquurs so soiu. ouuu j/uiuiui^ci , <
iall keep a record of the uses to which j
le same are devoted, giving the kind ?
id quantity so used, and on or before I
ie tenth of each calendar month they 1
iall make and file with the county i
iditor, and with the county board of t
mtrol, sworn reports of the proceed- ; i
gs calendar month, giving a full and | f
lie statement of the quantity and t
nds of such liquors purchased and <
sed, the uses to which the same i
ive been devoted, and giving the i
imes of county dispenser from whom 1
ie same was purchased, and the <
lies and quantities so purchased, j i
gether with an invoice of each kind y
ill in stock and kept for such com- i
wildings. If said licensed druggist ; s
11, barter, gave away or exchange I
in any manner dispose of, said li- , <
tors, or use the same for any purpose i
her than authorized in this section, J I
j shall, upon conviction before any i
>urt of general sessions, forfeit his li- j i
:use and be liable to all penalties, ; <
osecutions and proceeding at law : I
id in equity provided against per- ; 1
ins selling without permit, and (
pon such convictions the clerk of j i
ie court shall, within ten days uf- j <
r such such judgment or order, i
ansmit to the board of pharmaceuti- j ]
d examiners the certified record ; <
icreof, upon receipt of which the said \ <
>ard shall strike the name of the said i <
ruggists from the lists of pharmacists ' s
id cancel his certificate : Provided, ! s
hat nothing herein contained shall be j I
instrued to authorize the manufac- <
ire or sale of any preparation or J !
impound, under any name, form or , <
svice. which mav be used as a bever- j I
;e, which is intoxicating in its char- ]
3ter.
Sec. 18. That the sum of $50,000, if j
> much be necessary, is hereby appro- |
riated for the pu -pose of purchasing j
ad of supplying 'iquors to be distribted
to county dispensers under the !
revisions of this act, to be expended !
y the State treasurer upon the requi- I
tion of the State commissioner, with
le approval of the State board of con- ;
ol: Provided that the amounts ad- |
ineed to each county dispenser shall i
; considered loans to be refunded out j
" the profits derived from the sales of
juors by the county dispenser therein. '
Sec. 19. If any person shall make j
ly false or fictitious signature, or i
gn any name other than his or her j
,vn to any paper required to be sign- j
1 by this act, without being author- j
ed so to do, or make any false stateent
in any paper, request or appliea- '
ition signed to procure liquor under
lis act, the person so offending shall j s
; guilty of a misdemeanor, and upon <
mviction therefor shall be punished. ]
y a fine of not less than $100 nor more ]
urn $500 and costs of prosecution, or s
: imprisoned not less than thirty days <
ar more than six months. i
Sec. 20. If any county dispenser or <
s clerk shall make false oath touching
ly matter required to be sworn to i
infer the provisions ot tnis act, me i
jrson so offending shall upon convic- (
on therefor, be punished as provided (
r law for perjury. If any county i
spenser, under the law, shall pur- ' (
wise or procure any intoxication^ li- <
tors from other person than the State j
nnmissioner, or make any false return 1 f
i the county auditor, or uso any re- j
lests for liquors for more than one sale, (
any such case he shall be deemed J
lilty of a misdemeanor, and, upon con- {
ction, punished by a line of not less \
urn $100 nor more than $o00, and im- ?
-isoued in the county jail for not less <
tan ninety days nor more than one t
jar, for each offense. c
Sec. 21. Every person who shall di- 1
etly or indirectly, keep or maintain,
/ himself or by associating or com- 1
ning with others, or who shall in any t
anner aid, assist or abet in keeping or t
aintaining any club room or other 1
ace in which any intoxicating liquors <
e received or kept for the purpose of \
irter or sale as a beverage, or for i
stribution or division among the t
embers of any club or association by (
ly means whatever, and every person 5
ho shall barter, sell, or assist, or abet
lother in bartering or selling any in- i
xicatiug liquors so received or kept, t
mil be deemed guilty of a misde- I
eanor, and upon conviction thereof, be t
inished by a fine of not less than $100 ]
jr more than $o00, and by imprison- i
ent in the countv jail not less than ]
....... ,|lotl nlwl V(ini. j f
Ul'ljf UilJ O AIU1 UIV/4 V U1MII V4.V, J
Sec. 22. All places where intoxica f
ug liquors are sold, bartered or given i
,vay in violation of this act, or where , s
jrsons are permitted to resort for the i
jrpose of drinking intoxicating li- I
iors as a beverage, or where intoxi- t
tting liquors are kept for sale, barter 1
delivery in violation of this act, are <
jreby declared to be common nui- i
mces; and if the existence of such i
usance be established, either in a <
iminal or equitable action, upon the j
idgmentof a court, or judge having 1
irisdiction, finding such place to be <
nuisance, the sheriff, his deputy, or s
ly constable of the proper county or 1
ty where the same is located, shall be i
irected to shut up and abate such i
lace by taking possession thereof, if !
D has not already done so under the ]
rovisions of this act; and by taking 1
assession of all such intoxicating .
ipiors found therein, together with i
1 signs, screens, bars, bottles, glasses <
id other property used in keeping 1
1 nnlcnnoo iitwt <
Ill llliUIIUUIUll^ anvil HUW4U.VV, w....
ich personal property so taken posses- ;
on of shall, after judgment against I
lid defendant, he forthwith eonfi.sea- i
d to the State, and the owner or keep- 1
thereof shall; upon conviction, be
ljudged guilty of maintaining a com- j
on nuisance, and shall, for the first <
fl'ensc, he punished by a line of not i
ss than $100 nor more than $1,000. 1
r by imprisonment in the county jail 1
F not less than ninety days nor more i
mn one year, and for each successive
Tense be punished by imprisonment 1
t the penitentiary for a period not ex- i
idling two years, nor less than one !
far.
Sec. 20. The attorney general, or i
is assistant, the circuit solicitor, or | i
TSTO. (3.
any citizen of the county where such
nuisance exists, or is kept or maintained,
may maintain an action in the
name of the State to abate and perpetually
enjoin the same. The injunction
shall he granted at the commencement
of the nction.in the usual manner
of granting injunctions, except
that the affidavit or complaint, or
both, may be made by the attorney
general, his assistant, or the solicitor of
the circuit, upon information or belief,
uid no bond shall be required ; and if
in affidavit shall be presented to the
:ourt or judge, stating or showing that
ntoxicating liquors, particularly describing
the same, are kept for sale or
ire sold, bartered or given away on
:he premises, particularly describing
lie same where such nuisance is located
contrary to law. the court or judge
shall, at the time of granting the inunction,
issue his orders, commanding
:he ollicer serving the writ of injunction
at the time of such service, diligently
to search the premises and carefully
to invoice all articles found theren,
used in or about the carrying on
if the unlawful business, for which
search and invoicing said officer shall
receive the fees now allowed by law
for serving an injunction. If such officer,
upon such search, shall find upon
?uch premises any intoxicating liquor,
ir liquors of any kind, in quantity gong
to show it was for the purpose of sale
ir barter, he shall take the same into
tiis custody and turn over the same to
die sheriff of the county, who shall securely
hold the same to abide the final
udgmcut of the court in the action
[the expenses for holding to be taxed
is pari/ ui uie cusis ui inu auiiuu; ,
\nd such officer shall also take possession
of all personal property found on
such premises, and turn over the same
:o the sheriff of the county, who shall
sold the same until the final judgment
n the case. The finding of such indicating
liquors on such premises,
svith satisfactory evidence that the
same was being disposed of contrary to
;his act, shall be prima facie evidence
jf the nuisance complained of. Liqlors
seized as herein before provided,
md the vessels containing them, shall
lot he taken from the custody of the
officer in possession of the same by
my writ of replevin or other process
vhile the proceedings herein provided
ire pending; and final judgment in
iuch proceedings in favor of the plain:iff,
shall, in all cases, he a bar to all
suits against such officer or officers for
:he recovery of any liquors seized, or
:he value of the same, or for damages
llleged to arise by reason of the seizjre
and detention thereof. Any person
violating the terms of any injunc:ion
granted in such proceedings, shall %
je punished for contempt, for the first
jffense by a fine of not less than $200
nor more than $1,000, and by imprisjnment
in the coonty jail not less than
ninety days nor more than one year.
[n case judgment is rendered in favor
>f plaintiff in any action brought unler
the provisions of this section, the
;ourt or judge rendering the same,
shall also render judgment for a reasonable
attorney's fee in such action in
favor of the plaintiff, and against the
lefendants therein, which attorney's
tee shall be taxed and collected as the
sosts therein, and when collected, paid
to the attorney or attorneys of the
plaintiff therein : Provided, if such attorney
be the State's attorney or solicitor,
such attorney's fee shall be paid
info thn nmintv trpn?lirv Til OCin
tempt proceedings arising out of the MM
violations of any injunction granted
under the provisions of this act, the
court, or in vacation, the judge thereof,
shall have the power to try summarily
md punish the party or parties guilty,
is required by law. The affidavits
upon which the attachment for contempt
issues, shall make a prima facie
case for the State. The accused may
plead in the same manner as to an iniictment
in so far as the same is applicable.
Evidence may be oral, or in
the form of affidavits, or both ; the
defendant may be required to make
answers to interrogatories, either written
or oral, as in the discretion of the
court or judge may seem proper; the
lefendant shall not necessarily be discharged
upon his denial of the facts
stated in the moving papers. The
clerk of the court shall, upon the application
of either party, issue subpcenas
for witnesses, and except as
xbove set forth, the practice in such
contempt proceeding shall conform as
learly as may to the practice in the
court of common pleas.
Sec. 24. It shall be the duty of sherd's,
deputy sheriffs and constables
laving notice of the violation of any
)f the provisions of this act, to notify
he circuit solicitor of the fact of such
violation, and to furnish him the names
if any witnesses within their knowledge
by whom such violation can be
iroven. If any such officer shall wilully
fail to comply with the provisons
of this section, he shall, upon
conviction, he fined in a sum not
ess than $100 nor more than $500;
md such conviction shall he a foreiture
of the office held by such perion
; and the court before whom such
nnvirtinn. is had. shall in addition to
lie imposition of the line aforesaid,
mler and adjudge the forfeiture of
lis said odice.
Sec. 2"). No person shall knowingly
mng into this State, or knowingly
ransport from place to place within
his State by wagon, cart or other velicle,
or by any other means or mode
>f carriage, any intoxicating liquors
,vith the intent to sell the same in this
<tate in violation of law, or with inent
that the same shall be sold by any
it her person, or to aid any other person
in such sale, under a penalty of
?500 and costs for each offense, and in
lddition thereto shall be imprisoned in
lie county jail for one year. In deiiult
of payment of said fine and costs,
lie party shall suffer an additional imprisonment
of one year. Any servant,
igent or employe of any railroad corporation,
or of any express company,
)r of any persons, corporations or associations
doing business in this State
is common carriers, who shall remove
my intoxicating liquors from any rail:oad
car, vessel or other vehicle of
iransportation, at any place other than
he usual and established stations,
wharves, depots or places of business
)f such common carriers, within some
neorporated city or town, where there
is a dispensary, or who shall aid in or
onsent to such removal, shall he subeet
to a penalty of ?">0 and imprisonment
for thirty days for every such
jtrense: Provided, That said penalty
shall not apply to any liquor in transit
when changed from car to ear to faeiltate
transportation. All such liquors
mtemlcd for unlawful sale in this
>tate may be seized in transit, and
proceeded against as if it were unlawfully
kept and deposited in any place.
And any steamboat, sailing vessel,
railroad, express company, or other
;orporation, knowingly transporting or
twinging such liquor into the State,
diall be punished, upon conviction, by
x fine of $500 and costs for each offense.
Knowledge on the part of any
iiunonzLMi a^ciu in mii-ii rwiujiuuv miuu
l)e deemed knowledge of the company.
Sec. 2t>. The governor shall have
authority to appoint one or more State
constables at a salary of $2 per day
md expenses, when on duty, to see
that this act is enforced, the same to
be charged to the expense account of
the State commissioner.
Sec. 27. No law now in effect prohibiting
the sale of intoxicating liquors
in any of the counties or towns of this
state is repealed by this act.
Sec. 28. All acts or parts of acts inconsistent
with this act, are hereby
repealed.