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I TERPTATION OF ACT. Judge Memminger in Charge to Jury Rules That Storing Whiskey for Any Purpose Whatsoever, in Dry Coun ties, is Unlawful Sumter, July 8.-Sumter is very much stirred over the charge of Judge Memminger, of Charleston, to the jury here, a few days ago, in reference to the storing of liquor. It is the "talk of the town." Everyone you meet on the street has something to say about What Judge Memminger did was simply this: He charged the prohibi tion law as it is. That it is unlawful to store liquors under the prohibition laws operating in those counties that do not have the county dispensaries is absolutely th, letter of the law. When the various counties were considering the proposition of the legal sale of whiskey in the summer of 1908, it was then pointed out that the prohibition law as framed was very stringent and that, if adopted by the voting out of the county dispen saries. no liquors could be stored for any purpose. In the charge at Sum ter the Carey-Cothran act is referred to. The bombshell has exploded and the people of Sumter are worried. This is what Judge Memminger said: "Now, the statute therein referred to which is charged to have been vio lated by these defendants is as fol lows: "This is a statute passed in the year 1909 by the legislature, to be found in the acts of 1909 at page 60. what is known as the Carey-Cothran law, be ing a law prepared by and gotten thiough the legislature by two law yers from the Piedmont section of the State; and the section referred to herein, in this indictment, is as fol lows: "Be it enacted by the general assem bly of the State of South Carolina that all alcoholic liquors and beverages, whether manufactured within this State or elsewhere, or any mixture by whatsoever name called, If drunk to excess will produce intoxication, are hereby declared to be detrimental and their use and consumption to be against the morals, good health and safety of the State, and contraband. That it shall be unlawful for any per son, firm, corporation or association 'within this State to manufacture, sell, Sbarter, exchange, receive, accept, give away to induce trade, deliver, store, keep in possession in this State. fur nish at public places or otherwise dis pose of any 'spirtuous, malt, vinous or other liquors or beverages, or any other mixture thereof which contains alcohol and is used as a beverage, and which, if drunk to excess, will produce intoxication, as hereinafter provided," Land there follows certain provisons by Lwhich alcohol can be distributed and 5used, and thie punishment for violation 5of this statute is contained in section Aeleven. "that any person who violates any of the provisions of this act shall Sbe guilty of a misdemeanor, and 'upon conviction tjereof be fined in a sum not less than one hundred dollars nor mnore than five hundred dollars or im prisoned at hard labor for a period of not less than three months nor mor'e than one year, and for the second or any subsequent offence, upon convie :'tion thereof shall be imprisoned at bard h.or for not leiss than one year nor more than five years.' "Now, the special acts which these defendants are charged with having 'violated are the ones which I call your attention to-receive, accept, store and keep in' possession, and the question is whether or not Lhe State has liiroved to you beyond a reasonable doubt that one or both of these de fendants have .violated any one of these proh'i4tions that I have read tc you named in the indictrient and made unlayful in this State-receive, ac cept, store and keep in possession. "Now, gentlemen, the counsel for the defendants you saw pass up to Sme--as hi has a right to do in order that the attention of the judge and the j ury may be drawn especially to such points of law as are involved particu larly in the case-th.ese few simple words, which, however, make it neces sary for me to explain the law on this subject to you, and to make you un derstand a little more fully perhaps than you do exactly what this law means. He has asked me to charge you, 'the term storing and keeping in possession of certain contraband li quors used in the dispensary law in volves the idea of continuity or habit. "Now that is a correct statement of the law as taken for one of the de cisions of our supreme court under the old dispensary law, where the State engaged in the sale of liquor, and that would be the law applicable to a county in the State which now has a dispensary, but it is my duty tc charge you, gentlemen, as I conceive it to be the law, and as you must rea lize is the law under this statute. that in a county such as Sumter county which has no dispensary, that thE sion. no matter for what purpose. nor, how small a quantity it may be, is K illegal. Of course, you know it has 1 been generally understood under the old dispensary law that a man had a right to bring in liquor from another State and have it for his own person al use, and that it was no violation of the law to have liquor in your pos-! session for your own personal use, and that is the law in those counties which have dispensaries, but it is Iot the law in the counties which have no dispensaries, such as Sumter county., and the reason of that is this: That: the interstate commerce clause of the constitution of the United States, de signed to protect commerce between the States, (protect their commerce of any article coming from one State into another State,) that the State in which it is received can not place any greater restrictioit upon that article coming from another State than it had on the articles produced by the State and offered for sale in the State it-' self, without there being a law against selling it in this State; that is, in oth er words, as under the dispensary law, the State offered liquor for sale, and a man could go to the dispensary and buy liquor and keep it in his posses- 1 sion and store it for his own personal use. The laws of the United States said that to prohibit a man from: bringing liquor from another State and keeping it in his possession and, using it for his personal use would be a dscrimination against the other State in favor of this State, which the; laws of the United States prohibit. They prohibit that one State shall favor the sale of stuff in that State as against the sale or use or consumption' of stuff brought from another State; but they hold that a State has the right to absolutely prohibit anything like liquor, which is declared to be, detrimental to the public health, and so declared in this statute, and de clared to be contraband. The States have a right to prohibit the bringing in and use of it altogether, and so that when a State absolutely prohibits 'the bringing in of the stuff and the use of it by its own citizens and the sell-: ing of it under any law in any State, there is no discriminaton as between the State and other States, and the laws of the inter-state commerce are not interfered wih. But when a State undertakes to absolutely prohibit; as 'it does in this section of the act that I ,have read to you, as to the acceptance! and receiy~t or storage or keeping in possession of liquor, absolutely and entirely, whether it is another State which sends liquor into this State,, 'such State is not discriminated against ~in any shape or form, and liquor' coming from another State, even .though for personal use, is contraband 'under this statute, and no man has a ~right to keep it in his possession for' personal use or otherwise. "There was a law known as the Wil son act, first passed which allowed li quor to be brought into' a State which itself authorized the sale of liquor, as was the law under the old dispen sary act. and allowed it to be sold in' the original packages in which it was brought, but there was an amendment to that statute which made the liquor as soon as it got into the State and was delivered to the consignee am4i-1 able 'to the State law, and therefore, if the liauor was ever brought from another State into this State, strictly 'bona fide for personal use, why then: the inter-state commerce law protect ed it for personal use and while being brought from another State into our' own State, and as the counties that 'have a dispensary, protect the liquor ilought from the State or county dis 'pensary, protect it in the possession of another for personal use, the trans action was absolutely even. But as I stated to you. it simply means this, the law that I have read to you, in a coun 'tv where you have no dispengary, no, State nor a county in competition with the importation of liquor from' another State and the selling of liquor; ~and protecting it for personal use:; where you have a county absolutely' nrohibiting the sale of liquor under Ithe terms of this statute, as I have 'read to you, then that matter of per sonal use no longer protects the liquor ft eeonumption. eIt doeshprotect it'tO but does not protect it for the~ pur poses of consumption, and it becomes subject to the State law as being con traband, and a person who has it in his possession becomes guilty of re ceiving and accepting and keeping that Iliquor in his possession and storing it,! no matter how small a quan tity it may be and no matter for what ,purpose he ma,y have it. So that I. take it that under this statute (hay ing given the subject careful consid - eration,) that any man who has in his possession, whether for personal use or otherwise, of a quantity of liquor, no matter how small it may be, that 'it is subject to seizure and be subject to prosecution for the receipt, accep tance and keeping it in his possession; so I charge you the law along that line, so that the question is this: tha~t in this case you have not before you heir possession. as to whether th iad it for personal use, because ;hey had it for personal use even, would nevertheless be a violation < he law. "It would be the acceptance, sto! ng aad keeping in possession of I luor, which is against the law; s :hat the question will be whether c iot you are satisfied beyond a reasoi ible doubt that they or either of thei hem-received and had in possessio -ny quantity of alcoholic liquors. suc iquors as I have read from that st, iLe as will produce intoxication, ani f so, they are guilty; otherwise, no irour verdict will be as to both < :h m or as to them separately, a4 !ordingly as you find. If you find bot )L them had it in possession, both ha -eceived and accepted it and had n possession and storing it thei ointly, each participating in the ai )t the other and both jointly liab xhy then your verdict would -t igainst them jointly-a general ve. lict of guilty, but if you find that yc iave to distinguish between the tw< :hat one of them did not have it-i iny way accept it or receive it or stoi .t or keeping it in possession, but th :he other did, why then you find yi, verdict only as to the one whom yo Ind had the stuff in possession-ri :eiving, storing and keeping it in po! ession, according to the wording s. >ut in this indictment, and find a vei lict as to that one-say guilty as :hat one, which would obtain as a Lcquittal as to the other. "Throughout the whole inquiry yc iave to give the defendants the beuw it of every reasonable doubt upon a! :naterial element going to make u .heir guilt. That means a substanti oubt, a real doubt arising out of t1 estimony, a doubt for which you ca ive a reason. Any such doubt as the ;olve in favor of the prisoners. Tal; he record and find a verdict." Itinerary of State Campaign. The campaign begins June 22, at vill end August 27. The openir :own is Sumter, and the campaignei mnd in Newberry. Charleston md in Newberry. The Itinerary. Barnwell, Tuesday, July 12. Hampton, Wednesday, July 13. Beaufort, Thursday, July 14. 'Walterboro, Friday, July 15. Charleston,,Saturday, July 16. St. George, Tuesday, July 19. Orangeburg, Wednesday, July 20 St. Matthew's, Thursday, JTuly 21 Manning, Friday, July 22. Monck's Corner, Tuesday, JTuly 2 Georgtown, Wednesday, July 27. Kingstree, Friday, July 29. Florence. Saturday, July 30. Dillon, Tuesday, August 2. Marion, Wednesday, August 3. Conway, Thursday, August 4. Columbia, Saturday, August fi. Union, Monday, August 8. Spartanburg, Tuesday, August 9. Gaffney, Wednesday, August 10. Greenville, Thursday, August 11. Pickens, Friday, August 12. WaIhalla, Saturday, August 13. Week off to attend reunion of Col ~ederate and red shirts at Spartai yurg if desired on August 17 and 1 Anderson, Monday, August 22. Abbeville, Wednesday, August 24 Greenwood, Thursday, August 25 Laurens, Friday, August 26. Newberry, Saturday, August 27. The Red Shirts. It will be observed from the abo' Itinerary that the sub-committee he lade a break from August 13 to A1 ~ust 22, at the request of Mr. J. Stribling, commander-ig-chief of tI Red Shirt Men of 1876, in order thi :he candidates may attend the re'ul on of the Red f hirt Men and oa onfederate soldiers at Spartanbmn m the 17th and 18th of August. After the meeting at Manning c uly 22 the candidates may attend ~reat gathering of the surroundir :ounties at Olanta, Florence count m July 23. This break in the sche ule was made at the request of r.ember of the State executive con littee. Olanta may be reached 1 :rain most conveniently from Mai uing. County Campaign Schedule. Whitmire, Tuesday, August nightt). Young's Grove, Friday, August 1: Jalapa, Tuesday, August 16. Keitt's Grove, Friday, August 19 Utopia, Tuesday, August 23. Newberry, Saturday, August1 [night). Twelve o'clock noon August 8 tI3 :ime expires for filing pledges to er :er for any of the offices. TEACHERS WANTED. Application for teacher and assis mt for the colored school at Heler will be received by the undersigne p to the 15th of July, 1910. Salat or teacher and assistant $40 pi nonth. Welch Wilbur. W. S. Melton. _T E TLang. if ;t IL t. There are lots of goi cars, but there no car MODEL for our country roads, Sall endurance contes New York run. Cars livered. Experts to n Ui them without charge. Up-to-date Ma We are prepared to repair s machinery. Expert machini anteed; work first class. I Newberry Motor Co. have b Waldrop & Collins under the is Newberry Mai Friend Street. Old Machii Agents for the famous BRUE mm AU Wea: for the I n A SF"" lW and hav 8 LOOK OVER proposil YOUR ACCOUNTS tling mne how many you could count Oil if Wrt a fire made immediate cash a neces sity. Mighty few we are sure. ation. And even if you got the money the fire loss would be yours. Better sget insured. We'll issue youa e quick and liegral settlements. WhyG t not let it stand the loss and furnish you the quickest of assets at the fAJJ same time. Security Loan & Investinent o. J. N. McCaughnin, K Il Treasurer.i fl W. A. McSwain, Secretary. Sii( 1P. F. Baxter-& Son FUNERAC DIRECTORS 9Practical Embalmers Phones -.Day 117-Night 90 Saved at Death's Door. SThe door of death seemed ready to7 open for Murray W. Ayers, of Tran sit Bridge, N. Y., when his life was wonderfully saved. "I was in a dreadful condition," he writes, "my * dool skin was almost yellow; 'ayes sunk- OxI en; tongue coated; emaciated from Cor tlosing 40 pounds, growing weakerMi adaily. Virulent liver trouble pulling rcoi dme down to death in spite of doc- and tors. Then that matchless medicine- Cor rElectric Bitters-cured me. I re- othe ~am well and strong." For all stom ach, liver and kidney troubles o ..",HICH PRKCMR Q1UAMIJ .F,WIN A LOW PIE A d cars and lots of high price s better at the price than the ,4T" 9FORD This has been demonstrated ts, particularly in the Atlanta and in stock $985.00 complete de teach purchaser how to handle All auto supplies kept on hand. line Shop and Garage. team boilers, gins, and all classes of t; prices reasonable; satisfaction guar ie Newberry Machine Shops and the en combined and are now operated -by name of the :hine Shop & Garage, e Shop. Phone 60. Newberry, S. C. il RUNABOUT $485.00 f.. o. b. factory. 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MilitkindsllegfofoSouhoCaro ing, thisiGuntMeta rship at teuCitdelofomleeberr esaloin, aten aKnid,nyInbnfiir sh couryywileeelfileddy mepettim esainainpo etel aiNtb.r in d se onhis,y,Auusa12d110.Che this Franetal oo. us ent estan1 o hel an mediumAEetiegt hsclyqalldt A to. Los o(stylThd military duty,g anf Smuthgive snap to it. cerinaBnficatfiaiiy tcolpayersh - e han se hi, ndth [uidcouywll,ebe dule asay cdet.tv r L Frncestyes,toexBankamication orms edan Neberryd oneriedeay, Agusto12, 191. Candhes [ewberry. SerC1,applicaTions must be dot ineast ertica an senabt to tpaythe re 'quire colg dusa pycdt Blank aplicatio forms abha