Historical Newspapers of South Carolina

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IMPORTANT LIQUOR CASE. Order Taken at Easley by Agent for North Carolina Liquor House Constitutes Sale Within the State. N. and Courier. Coluimbia. December 5.-"The Lit zle Brown Jug at Kildare" came iear ilungin the States of North Car olino .md South Carolina into war with each other. A 'Alln of No(rtih Carolina liquor has arrayed against each other in the legal arena the two a1thors of the Carey-Cothran law, and now the same gallon of. whiskey has divided the supreme court of South Carolina. In the case of the State against L. R. Small, the supreme court, by a di vided opinion, has affirmed the low er court, and it is decided that when a liquor drummer comes into the State, takes ordeis for whiskeP and accepts the money for the same, for warding the order to his house out side the State. and having the liquor shipped into the State to the pur chaser, that it is a sale within the State and a violation of the laws of the State. Small, representing a North Caro lina liquor firm, was arrested in the town of Easley for a violation of the town ordinance, which is the same as the State law against selling whiskey. He pleaded that the transaction was not a sale within the State. He was fined by the mayor, the case was ap pealed to the circuit court, which sus tained the mayor, and then the case was taken to the supreme court, which sustained the lower coart. A rehear ing was asked and granted, and now the supreme court has again sustained the lower court, holding that the transaction was a sale within the State and a violation of the law. In the appeal of the case the prose cution was represent by Mr. J. P. Carey, of Pickens. and Small by Mr. T. P. Cothran, of Greenville-these being the two distinguished lawyers and legislators who framed the law that was being interpreted. The opinion of the court, by Chief Justic Pope, says: "After judgment of this court af firming the,judgment of the circuit court and the mayor of Easley, hold ing that there was a consummation of a sale of one gallon of liquor; upon application of defendant-appellant a rehIearing was had. "We were inclined at one time to, view the appellant's position that There being no delivery of the whiskey after it was paid for, that sn~eh con duct was not a sale; but, upoii reflec tion, we think that our first decision was corret and that there was a sale in the eyes of the law; we hold now that it was an error in the appellant to 'hold that there was no sale. " There is no doubt thar, the defend ant, as agent of Schuman & Co.. so licited from one Roper the purehase of one gallon of liquor, for which he received payment in full, giving an order on Schuman & Co., of Salis bury, N. C., setting forth the goods sold, the price paid, the mode of shipment and directing Shuman & Co. to express the same at once. Small, the appellant, in his testimony admit ted that he represented Shuman & Co., who were in the whiskey business; took orders and mailed the orders to his house, which said orders were al ways filled, the house never refusing o ship liquors so sold. "All the findings of fact by the ayor and the circuit judge sustain he proposition that the sale of in toxicants was consummated; there was eertainly a scintilla of evidence. 'some' material evidence whieh. if rue, would tend to establish the is e in the mind of a reasonable juror.' aylor vs. R. R., 78 S. C., 556. "The defendant elaims, however, hat if all the evidence be admitted true it did not amount in law to a le. This cannot be true.'' The opinion quotes a number of de isions on the point in question. In Pregnall vs. Miller & Kelly it -as held that "change of title takes lace when tihe bargain is struck, and ay pass before a payment and be ore actual delivery: and where pro erty is sold on credit, with posses ion given. and where .. is sold for ash and yet left with the vendor for endee 's convenience, and subject to is control, title changes and the sale complete." In Commonwealth vs. Hess, 17 L. R. ., 181: "The acceptance of the or 'er (for intoxicating liquor) is effec 've to pass the title as between ven or or vendee. In such cases the ven ee has the right of property with the ght of possession. Under all the 1thorities t1fe vendor acts as hailee. w.as completed and it was only ilee that Shuman & Co. was to e liqur.'' The opinion contin nfC is a pure effort ki the part o a trans gressor of the law to escape punish ment. Was this a traffic in whiskey l'uquestionably it was: if so the de fendant stands <.milt as ebar'ed. The( chief ju, ir say, lhat in -neh a tion aa. in Ia --b1 1nt1T E - titon1 of t h1e par: i c . The jnd2n e : * 'e ir rKurt is th'erefore:lm . Justice Jones eoneurs in the 11 TW opinil of the chief justice. hut Justices Gary and Woods disent. and by this equal division of the court the judgment of the lower court stands. THE F SANAN HEADQU SANTA Pepl wh hoegit al lat on n av otkewa' PLENTY OF>GI eve di eoe ecuewn bogh heail ad a h.ih epe of ch Moos gfs elym Ao isiet my stock, no dilo ydstare toy Give. oliays gif gifts for bore, eaugfse o babet areouht heaicles andat hwight giv yoins Ipect tock an tou on Strttoay Git orldes i rET YOUR GLASSES I:1. f. \\. ('iinnwr. a unra. 1at,e oIf II' 1i est opt.ieal college in the world-the Northern Illinois College of Chica go. Dr. Connor is loeated per:can (.ntl il NewbrIry. give.; both the ()bjeetive and suibjective tet by ele tricity an1d guarantee( hi w rk. 01lie ve r C 1:I('1a dBrie 'RESPASS NOTICE-All per ons are hie rehrV warned and frb~iden to hunt., tre.,pass or in alway en ter the lands of the undersignel. C. W. Buford. Dr. .Iollnszon. Erllesq Cilney. M. M. Buford. IOME ART ERS CLAUS. GVIF SA T MENT get he ceam.Don' be IG GIFTS MEANS ttle all your gift-giving prob ble here for anybody to whomr 1ey goes farther here than 11 to New York this summer anc rice. I was never able to offer this year. . . . Who comes here. There is nc elves. What I do ur ge is tha so just as early as you can ts for girls, gifts for gentlemen are in abundance, and the, great pleasure for the longes Come soon and often. I 101eeOl8 IAtteul EWAR HAED EVERY ART NOFAKE Come with th< I Gobble up Sui wear, Hosier3 Etc., AT AC SALE CONT Remember we h Merchandise to ofi the-Minute. This EWri with connections at Seneca for local POits s:auth. Nos. 17, 18, 19, and 20 are mixed trans between Anderson and Belton. Nos. 7 and 8 are local freight trains, carrying passengers, between Anderson and Walhialla and between \Valalla an' Anderson NOTICE! The County Board of Commission rs for Newberry county will receive applications for the appointment otf a sp1erntendent of the county pool house and farm for the year 1909, the same to be filed with the undersigned 9 o 'clock in t.he forenoon of De- -. emlber 5th next. The board reserves the right to reject all applications. 4 H. C. Holloway, CE~ Clerk. Nov. 16, 1908. FOR SALE.S 1 15 horse power International Gas oline engine almost new. Lv. 1 12 horse power Steam engine, the Ar. 11Tozer make on seidds. Lv. 1 Flouring Mill with all fixtures. A r. 1 rood h -o,d family mare, 10 years Lv. (. in fold from!I (;aulnnIan Br'os. A. p Fopety dlown at unheard ofL price-. - Call and see me at Little Mountain, S. C. A. N. Boland. jAr. ion Buy f=PERRY CIDED TO CLOSE 01 ICLE IN THEIR -AT IEW YORK C THIS IS OH HOT AI 1 money and Gobble, Gi ts, Shoes, Hats, Shirts, U ,~ Handkerchiefs, Suit 4 TUAL COST.::: INUES FOR 3.0 ~ve NO OLD or SHOI er. Everything New as Sale will continue foi =Perry A H - that is u - you an a ~E1Iprices, i - p leased a call. SUMMI LRESTON & WESTERN CAR-. Ar. Auguw OLINA RY. T-e ~hedule in effect May 3,10. Ns n Newberry (C N & L) 1:6PmI~ Laurens 20 .. as Larens (C & W C) 2:5pm Noe7 Grxa-nville4:0pm I)r4es 1 ~C)2:32 p.m.Aseil. rreflOO2 :32 p.m. N t:' Momk 4:33 p.m. ers Co. JT STOR E OST! >bble, nder ~.ases, DAYS WORN rid Up=to= 30 dayr. Co. IRDWARE MAN p to date and can show rray of useful articles ome and farm at rare s a good man to know, iow where to find him. our store and will be to see you. Give himi R BROTH ERS CO. ta 6:15 p.m. kly Parlar Car line be ~usta and Asheville. Trains 2, leave Augusta Tuesdays, and Saturdays, leave Nfondays, Wednesdays and h-e above arrivals and de s w-ell as connections with panies, are given as infor d are not guaranteed. Ernest Williams. G3en. Pass. Acr.. Augusta. Ga. Geo. T. Bryan. Greenville, S. C., - Gen. Agt.