The Camden chronicle. (Camden, S.C.) 1888-1981, December 30, 1892, Image 1
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CAMDEN, S. C., FRIDAY, DECEMBER 30, 1892/
duties of his office,
8 same are not provided for
til be prescribed for by , a
ird of control, composed of
rnor, the Comptroller General
t Attorney General. He shall,
jriog upon the duties of his
sxecute a bond to the State
ir, with sufficient sureties, to
>ved by the Attorney General,
snal sum of tea thousand dol
the faithful performance of
ties of his office. In all pur
or sales of intoxicating liquors
>y said commissioner, as con
in this Act, the commission
II ca^se a certificate to be at
tojfeach and every package eon
f sAid liquors, when the same is
him from the place of pur
j, ^ilby him to the county dis
?rs, (Jertided by his official signa
and seal, which certificate stiall
that tie liquors contained in said
fage have been purchased by him
sale within the State of South
>lina or are to be shipped out of
State under the lawa of said State,
without such certificate any pack
containing liquors which shall, be
>ught into the State* or shipped out
the" or shipped from place
pj^ce within the State by any rail
id, express company or other com
>n carrier shall be regarded as in
led for unlawful tale, and upon
ivietion thereof such common car
shalil be liable in a penalty of five
!?<$ dollars for efich offence, to be
_ yvered against sai4 common carrier
*oj pouii of competent jurisdiction
complaint proceedings to be insti
by the solicitor for any circuit,
whom evidence ef the violation
be louged by any citizen having
knowledge er information of the viola
?'and any persmn knowingly atr
lg or nsing such certificates with
it ^the authority of the commissioner,
any counterfeit certificate for the
ol securing the transportation
'any intoxicating liquors into, out of,
within this State in yioiation of
ill upon conviction thereof be
by a fine of not less than five
dollars and imprisonment in
litest iary for not lese than one
each offence. Said commis
sfaall make a printed quarterly
mt under oath, commencing
1, 1893, of all liquors sold by
enumerating the different kinds
intity of each kind, the price
'and the terms of payment, and to
sold. A'so the names of the
from whom the liquor was
aea their pl$ce pf business
date of purchase, which statement
be filed with the State board of
SIZE OF THE OFFICIAL COCKTAIL.
itioh 3. The State commissioner
before shipping any liquor to
nty dispensers cause the same to.be
it into packages of not less than one
(JTphit nor aoore than five gallons,
id securely seal ? the same, and it
J) be anlawfnl lor the county dis
:naer to break any such package or
;n the same for any reason what
ever. He shall sell by the package
,and the purchaser shall not open
e same on the premises. Provided
&is section shall not apply to malt
liquors shipped in cases or boxes
thereof, or shipped in barrels.
THE COUNTY BARKEEPERS.
Section 4. It shall be the duty of
the Stats board of control to appoint
f a county board of control composed of
three persons, believed by said board
not to be addicted to the use ofintnxi
eating -liquors, who shall hold their
| office tor a term of two years, and
| until their successors are appointed,
j Said coonty board of c mtrol shall Oe
subject to removal for cause by the
State board of coatrol. 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 approved by them
i before adoption. Said county board
of control shall qualify and be com
: missioned the same as other officers,
without fees therefor.
Section 5. If any county dispenser,
or his clerk, shall purchase any intoxi
cating liquors from any other person
or persons except the State oommis
! sioner, or if he or they, or any person
or persons in his or their employ, or
by his or their direction, shall sell or
oiier for sale any liquors other than
j such as have been purchased from the
: St?te commisnouer, or dhall adulterate
! or cause to be adulterated any intoxi
I cati@?, spirituous or malt liquors
which he or tbqy may keep for sale ,
under this Act, by mixing with the
same any coloring matter or any drog
i or ingredient whatever, or shall mix
the same with other liquors of differ
ent kind tfr quality, or wi th water, or
shall sell or expose for sale such
| liquors so adulterated, knowing it to
be such, he or they shall be guilty of
! a misdemeaner and be fined in a sum
of not less than two hundred dollars
; or imprisoned in the county jail for
not less than six months.
SO COMPETITION WITH THE STATE.
Section 6u Ihat on and after the
| first day of Jiily, 1893, no person,
. firm, association or oozporation shall
j manufacture Jor sale, sell, keep-for
sale, exchange, barter or dispense any
intoxicating liquors for day purpose
whatever, otherwise than as
provided in this Act Coonty dispen
j aers, as herein provided, shall alone be
authorized to sell and dispense intoxi
cating liquors, and all permits most
be procured, as hereinafter provided,
from the county board of control: Pro
That no license for th& sale of.
liquors now authorized t n
ted. by municipal authorities
<^aay force or ; after the |
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30th day of June, 1893, and that all
licenses now in force are hereby ex
tended, pro rata, to said 30th day of j
June, 1893, on the same terms as are
now in force: Provided, further, that j
manufacturers of distilled, malt or
vinous liquors who are doing business
in this State shall allowed .to sell to no i
person in this State except to the
State commissioners and to parties
outside of the State. Every package,
barrel or bottle of such liquors ship
ped beyond the limits of this State
shall have thereon the certificate of
the State ^commissioners * allowing
same, and otherwise ii shall be liable j
to confiscation, and the railroad carry- 1
ing it shall be 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
HOW TO GET A JOB. r
Section 7. Applications for position j
of county dispensers shall be by peti
tions signed and sworn to by the ap
plicant and filed with the county
?board of control at least ten days be
fore the meeting at which the applica
tion is to be considered, which peti
tion shall state the apjtficantfe nara^
place of residence, in what business
engaged, and in what business he has
been engaged two years previous to
tiling petition; that he is a citizen of
the United States and of South Car<^
lina; that he has never been adjudged
guilty of violating the law relating to
intoxicating liquors, and is not a
licensed druggist, a keeper of a hotel,
eating house, sa'oon, restaurant' or
place of public amusement, .an? that
he is not addicted to the use of intoxi
cating liquors as a beverage. This
permit or renewal thereof shall issue
only on condition that tjie applicant
shall execute to the county treasurer
a . bond in the penal 811 m of three
thousand dollars, with good and suf
ficient sureties, conditioned that he
will well and truly obey the laws of
the State of South Carolina now or
hereafter in force in relation to the
sale of intoxicating liquors; that he
will pay ail fines, penalties, damages
and costs that may be assessed or re
covered 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 a charge exceeding 50 per
cent above the cost thereof. Said
bond shall be for the use of the county
or any persoB or persons who may be
damaged or injured by reason of any
violation .on the part of the obligator
of tJbe law relating to intoxicating
liquors purchased or sold during the
term. for which said permit or the re
newal thereof is granted. The said
bond shall be deposited wuit Ihe coun
ty treasurer, and suit thereon shall be
brought at any time by the solicitor
or any person for whose benefit the
same is given; and in case the condi
tions thereof, or any of them, shall be
violated, the principal and sureties
thereon shall also be jointly and sever- [
ally' liable for all civil damages, costs
and judgments that may be obtained
against the principal in any civil ac
tion, brought by wife, child, parent,
guardian, employer or other persons,
under the provision of the law. All
other moneys collected for breaches of
such bond shall go into the county
treasury. Said bond shall be approv
ed by the county board of control
under the rales and. laws applicable
to the approval of official bonds.
THE NUMBER OF COUKTY BARS.
Section 8, There may be one coun
ty dispenser appointed for each coun
ty, whose-place of business shall be at
the county seat of said county, except
the city of Charleston, for the county
of Charleston, where ten dispensers
may be appointed, and except
for the city of Columbia,
for the county of Richland,
where there may be three dispensers
appointed, whose place or business |
shall be located m such sections of said
city as will be most convenient for
the accomodation of residents thereof.
At least ten days before the first day
of the meeting at which the applica
tions for the position of county dis
penser are considered, the applicant
shall file with,the county board of con
trol, and a copy thereof with the clerk
of Court, in Bupport of the\ applica
tion, such a petition as is provided for
in section 7, signed by a majority of
the freehold voters of the incorporated
town or city in which the permit is to
be isssued, and each person
aforesaid shall sign said petition by his
own true name and signature, and state
thai each before signing has
retd 8ftjd petition ftnd under
itands the contents and meaning there
of and is well ' and personally
acquainted with the applicant* Pro- !
vided, That in the judgment of the ;
comity board of control other dispen- 1
Bftries may be ertablished in any coun- j
ty or in^any town.
Section 9. If the application for the
position of county dispenser be grant- :
ed, it shall not issue until the appli
cant shall make and subscribe on oath
before the clerk of the county board
of control, which shall be endorsed .
upon the bond, to the affect and tenor j
following: "I ,do sol- !
eranly swear (or affirm) that I will well !
and truly perform all and singular the
conditions of the^witkia bond and j
keep and perform the trust confided
in me to purchase, keep and sell in- i
toxicfttiag liquors. I will not sell,
give or furnish to any person any in- j
toxicoting liquors otherwise than is
provide*! by law, and especially I will j
.not ssll or furnish intoxicating liquors
to any ^person who ^s not ^nQ^to irie j
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and accurate returns to the county
board of control the first Monday of
each month ail certificates and requests
made to or received by me as required
by law during the preceding month;
and soch returns shall show every sale
and delivery of such ]iquors made by
or for me during the month embraced
therein, and theArue sljrnature to every
request received and \grantetf; and
such returns shall show ail the intoxi
cating liquors sold or- delivered to any
and every person as returned." Upon
taking said oath and liiling ! bond as
hereinbefore provided the^ county
board of control shall issue to him a
permit authorizing him to keep, and
sell intoxicating liquors, as in this Act
provided; and every permit so granted
shall specify the buildiog, giving street
and number, or location, in which the
intoxicating liquors may be sold by
virtue of the same, and the length of
time' in which the same shall be~io
force, which in no ca.se shall exceed
twelve months. Permits granted un
der this Act shall be deemed trusts re
posed in the recipients thereof not as a
matter of right, but of confidence, and
maybe revoked upon sufficient show
ing by order ofihe county board of con
trol; and upon the removal of any coun
ty dispenser, or upon demand of the
county board of control, he shall im
mediately turn over to said county
boar? of control all liquors and other
property in his possession belonging
to the State or county. Said county
board of control shall be charged
with the duty of prosecuting the
county dispenser, or any of his em
ployees, who may violate any of the
provisions of this^ci
TWO DOLLAK8 A DAY. I
Section 10. The county board of
control shall use as their office, the
o#ce of the county^ commissioners of
th#r respective counties, and the clerk
of the board of county commissioners
shall serve as their cierk. They shall
preserve, as part of the records and
files of tbeir office, all petitions, bonds
and other papers pertaining to the
granting or revocation of permits, and
keep suitable books in which 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, and shall furnish or
grant permits to purchase from the
State commissioner such liquors as
as shall be necessary. The members
of the county board of control shall
meet once a month or ofiener, op the
call of the chairman, and for their
service they. shall each receive a per
diem of two dollars, ond five cents
mileage each way, and their clerk
shall receive two dollars per day for
the days actually employed as such;
but they shall not receive compensa
tion for more than thirty days in any
one year. They shall, upon the ap
proval of the State board of control,
employ such assistants for the county
dispenser as may be necessary. The
county dispenser and his associates
shall receive compensation as the State
board of control may determine. All
profits after paying expenses of the
county dispensary shsill be paid one- 1
half to the county treasurer, one-half
to the municipal . .corporations in
which it is located, such settlements to
be made monthly.
HOW TO GET A COCKTAIL.
Section 11. Before selliDg or deliv
ering any intoxicating liquors to any
person, a request must be presented to
tbe county dispenser, printed or writ
ten in ink, dated of the true date,
stating the age and residence of the
signer for whom and whose use the
liquor is required, the quantity and
kind requested, and Ibis or *her true
name and residence, and, where num
bered, by street and number, if in a
city, and the request shall be "feigned
by the applicant in his own true name
and signature, attested by the county
dispenser or his clerk, who receives
and files the request, in his own true
name and signature and his own hand
writing. But the request shall be re
fused if the county dispenser filling it
personally knows the person applying
is a minor, that he i3 intoxicated, or
that he is in the habit of using intox
icating liquors to an excess; or if the
applicant is not so personally known
to said county dispenser, before filling
said order or delivering said liquor,
he shall require identification, and the
statement of a reliable and tjcjistworthy
person of good character and habits,
known personally to him, that the ap
plicant is not a minor, and is not in
the habit of using intoxicating liquors
to &q excess.
Section 12. Requests for the pur
chase of liquor shall be made upon
blanks furnished by the county audi
tor, in packagdh>f pne hundred each,
to the county dispensers from time to
time as the same shall be needed, and
shall be numbered consecutively by
the auditor. The blanks aforesaid
shall be furnished to the county audi
tor by the State board of control in
uniform books like bank chgpks, and
tbe date ol delivery shall be endorsed
by the county auditor on
each book, and receipt taken
therefor and preserved in his office.
The county dispenser shall preserve
the application in the original form !
and book, except the filing of the |
blanks therein, until returned to the
county auditor. When return thereof
is made, the county auditor shall en
dorse thereon the date of return, and
tiig, and preserve the same, to be used
in the quarterly "settlements between
the county dispenser *o 4 tbe connty
1 treasurer.^ All unused or mutilated
blanks shall be returned or accounted
for before other blanks are issued to
such county dispensers.
PAINS AND PENALTIES.
Section 13. On or before the tenth
<*! ??/"?ft.*? * ii
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day of each month, each county dis
penser shall maS* full returns to" the
county auditor of all requests filled by
him and h&clerks duing the preced
ing month, upon blanks to be furnish
ed by ^he' State board of control for
the purpose and accompany the same
with an oath, duly taken and sub
scribed before the couDty auditor or
a notary public, which shall be in the
following form, to wit: I. , being
duly sworn,, state on oath that the re
quests for Jiquors herewith returuech
are all that were received and filled
at my place of busio&s under my pefr
mit, during the month of 18?;
that I have carefully preserved the
same and that they were filled up, j
signed and attested at the date shown
?thereon, as provided by law; that said
requests were filled by delivering the
quantity and kind of liquors require^
and that no liquors have been sold
dispensed under my permit, during*
said month except as sBbwn by the re
quests herewith returned* and thi,t I
have faithfully observed and complied
with the provisions of my Jb^adf, and
oath taken by me, thereon endoreed,
and with all the lawsjrelating to my
duties in the premises. ?
CASH FOB-R. T. COCKTAILS.
Section 14. Upon failure of any
rcounty dispenser to make the returns
to the auditor herein required it shall
be the duty of said auditor to report
such failure to 4he said board of
control, and the oounty board of con
trol shall immediately summon said
delinquent county dispenser to appear
before them and show cause why his
permit shoiild not be revoked, and if
the cause shall not be shown to the
satisfaction of the county board of
control, they shall immediately annul
said o permit and give public notice
thereof; and the solicitor shall proceed '
to enforce the penalties prescribed in<
this Act for such violation against
said county dispenser^aMhe nextwc
ceeding term of Court of the county 1
in which such permifis held, and any
county dispenser who thill sell or dis
pense any intoxicating liquors after
his permit shall have been revoked,
shall, upon conviction thereof, be fined
not less than nve hundred dollars and
be imprisoned in the county Jul for
six months.
Section 15. Every county 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 inapftcfap of the
circuit s6ttctfor, and fesct?ffor or
grand jury of the county, or of toy
citizen, and such book shall show the
amount and kinds of liquorsCprocured,
the date ., of receipt and amount sold,1
and the amount on hand of each kind
for each month. Such book shall be
produced the party keeping the
, same, to be used as evidence on trial
of any prosecution against him, on
| notice duly served that the same will
be required as evidence.
Section 16. The payment s>f the
United States special tax as a tiqqor
seller, or notioe of any kind in any
place of resort, or in any"
store or shop, indicating that intoxi
cating liquors are there sold, kept or
given away, shall be held to be prima
facie evidence that the person or per
sons paying said tax and the parties
displaying said notices are sellers of
intoxicating liquors, and unless said*;
persons or parties are selling under:
permiuas prescribed by this AcJ; they,
shall be punished as provided for bJ|
this Act.
OLD 8PIRITUS FERMENT!.
Section 1 7. Licensed druggists con
ducting drugstores and not holding
permits, and manufacturers of pro
prietary medicines, are hereby author
ized to purchase of county dispensers
of the counties of their residence in
toxicating lixuore (not including malt)
for the purpose of compounding medi
cines, tinctures and extracts that can
not be used as a beverage. Such per
mit-holders shall not charge such
licensed druggist over 10 per cent net
profits for liquors so sold.
Such purchaser > shall keep a
record of the uses to which
the same are devoted, giv
ing the kind and quanty so used, and
on or before the tenth of each
calendar month they shall make and
file with with the county auditor, and
with the county board of control,
sworn reports of the preceding calen
dar month, 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 names of county
dispenser from whom the same was
purchased, and the dates and quant*
licensed druggist ^sell, tarter, give
away or exchange, or in any manner
dispose of said liquors, or use the
same for any- purpose other than au
thorized in this section, he shall, upon
conviction before ony Court of Gener
al Sessions, forfeit his license and be
liable to all penalties, prosecutions
and preceding at law and in equity
provided against persons selling with
out permit, and upon such conviction
the Clerk of Court shall, within ten
days after such judgment or order,
transmit to the board of pharmaceuti
cal examiners the certified record
thereof, upon ^receipt of which the
said board shatLstrike the name of the
said druggist from the list of pharma
cists and cancel his certificate: Pro
vided, That nothing herein contained
shall be construed to authorize the
manufacture or sale of any prepara
tion or compound, under any narnt,
form or device,. which majf be used as
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' IT COMES HIGH.
Section* 18. That the sum of fifty
thousand dollars, if so much be neces
sary, is hereby appropriated for the
purpose of purchasing and supplying
liquors to be distributed tp county dis
pensers under the provisions of this
Act, ?o be expended by the State
Treasurer upon the requisition of the
State commusioner, with the ap
proval of the State* board of control:
Provided, That the amounts advanced
to each county dispennr shall be con
sidered loans lo be nRundedout> of
the profits arrived from the sale
of liquors by the county dispenser
therein.
Section 19. If any person shall
make any fiUse or fictitious signature,
or sign any name /Other than his or
her own to any paper requited to be
signed by this Act, without being
authorised' so to do, or make any false
statement in any paper, request or
applisation signed to procure liquors
under this Act, the person so amend
ing' shall be guilty of a misdemeanor,
and upon conviction therefor shall be
punished by a fine of not less than
one hundred dollars nor more than
five hundred dollars and cost of pros*
ecutaon, or be imprisoned not less than
thirty^ days nor more than six months.
Section 20. If any county dispen
se* ot- his clerk shall make false oatftt
touching any matter required to
sworn to under the provisions of this
Act, the person so otfending shall up
on conviction therefor be punished as
' provided by law for perjury.- II any
county dispenser, under the law, shall
purchase or procure any intoxicating
liquors from other person than the
State commissioner, or make any false
return to th4koounty auditor, or use
any request ib^liquors for more than
one sale, in any^such case he> shall be'
deemed guilty ^f a misdemeanor, and
upon conviction punished by a fine
of not less than one hundred dollars
nor more thaa five hundred dollars,
and imprisoned in the county jail lor
not less than ninety; days nor more
than one year for each offence.
DOWJT "with the club cocktail.
Section 31. Every person wbo shall,
"directly or indirectly, keep or main
tain, by 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 place in which any in
toxicating liquors are received or kept
for the purpose of barter or sale as a
beverage, or for distribution or divis
ion among the members of any club
or association, by any means whatever,
and every person who shall barter,
sell, or assist, or abet another in bart
ering or selling, any intoxicating li
quors so' received or * kept, * shall be
deemed guilty of a misdemeanor, and
upon conviction thereof be punished
by a fine of not lesB than one hundred
dollars, nor more than five hundred*
dollars, and by imprisonment in the
county jail not less than ninety days
nor more than one year.
Section 22. All places where intoxi
cating liquors 4*re ..sold, bartered or
given away iu violation of this Aether,
where persons are permitted to resort
for-the purpose of drinking intoxicat
ing liquors as a beverage, or where
intoxicating liquott are kept for sale,
barter or MeKvefy in violation of |
this f Act, are hereby declared to be
^oonuiKHk nuisances; and if the?x
'istence of such nuisance ne established, |
either in ? criminal ~or equitable
action, upon the judgment of a Court,
or Judge haviog jurisdiction, finding I
audi place to be a npisanos, the sheriff,
his deputy, or any constable .of the'
proper county or city where the same
is located, shall be directed to shut up
and abate such place by taking
posession thereof, if he has not already
done so, under the provisions of this
Act; and by taking possession of all
such intoxicating liquors found there
in, together with all signs, screens,
bars, bottles, glasses and other proper
ty used in keeping and maiDtaiuiug
such nuisance; and such personal
property so taken pf>8seasion of shall,
after judgment against said defendant
be forthwith confiscated to the State,
and the owner or keeper thereof shall,
upon conviction, be adjudged guilty
of maintaining a common nuisance,
and shall for the first offence be pun
ished by a fine of not less than one
hundred dollars nor more than one
thousand dollars, or by imprisonment
in the county jail of not less than
ninety days nor more than one year,
and for each successive offence be
punished by imprisonment in the
Penitentiary for a period not exceed
ing two years nor less than one year.
/. 8P0TTEBS.
/Bastion 23. The Attorney General
his assistant, the circuit solicitor, or
any citizen of t fee county
where sock fuisance exists or is
kept or maintained, may maintain an
action in the name of the State to abate !
and perpetuallj enjoin the same. The '
injunction shall be granted at the
commencement of the actions, except 1
that the affidavit or complaint, or both, j
may be made by the Attorney General,
tis assistant or the solicitor of the !
circuit upon information or belief, and
no bond shall be required; and if an
affidavit shall be presented to the
Court or /Judge stating or showing
that intoxicating liquors particularly
describing the same, are kept for sale- .
or are sold, bartered or given away i
on the premises, particularly describe ]
ing the sanje where such nuisance is
located, contrary to law, the Court or
Judge shall at the time of granting
the injunction iwue his orders, com
manding the officer serving the wra
of injunction, at the time of such
service,, diligently to search the
premises and carefully to invoice all
nV ittirfis frihirt used in or
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about the offryjng on of the unlawful
business, for which search and in*
voicing aald officer shall receive the
fees now flowed by law for serving j
an injoncition. Ksu<3fofficer upon such
search shall find upon such premises
any intoxicating liquor, or liquors of
any kind, in quantity going to show it
was for the purpose of sale or barter,
he shall take the same into his custody!
and deliver U?e same to the county!
sheriff who shall securely hold the.1
tame to abide the final judgment of
the Court in the action (the
expenses for hoding to be taxed as
part of the coats of such action;) and
such officer shall also take possession
of all personal property pertaining in
such business found on such premises
The finding of such intoxicating li
quors on such premises with satisfactory
evidence that the same wu being dis
posed of contary to this Act, shall be
prima facie evidence of the nuisance
complained of. Liquors seised"as here
inbefore provided and the veattls con
taining them, shall not be taken from
the custody of the officer in possession
of the same by any writ of replevin or
ottypr process while the proceedings
herein provided are pending; and filial
judgment in such proceedings in favor
of the plaintiff shall, in all cases, be
a bar to all sum against such officer
or offidrs for recovery of any liquors
seized or the value of the same, or for
damages alleged to arise by reason of
the seizure and detention thereof Any
person violating the terms of any
injunction granted insoch proceedings
shall be punished for contempt, for
the fiiat oft nee, by a fine of not ; less
th^n two htndnd dollars, nor iaore
than one thousand dollars, and by I
imprisonment in the county jail net
less than 90 days nor more than o*e J
year. In case judgment is rendered
in favor of plaintiff in any action 1
brought under the provisions of this
seqtjtfi, the Court or Judge rendering
thaVme shall also render judgment
for a reasonable attorney's fas in such
action in&vorof tip plaintiff, and
against ths defendant? therein, which
attorney's foe shall ^e taxed and col
lected as the other costs therein, and
when collected to be paid to the attorney
H attorneys of the plaintiff therein:
Provided, if such attorney be the
State's attorney or solicitor, such
attorney's foe shall be paid into the
county treasury. In contempt
proceedings arising out of the viola*
tions of any injunction granted un^er
the provisions df this Act, the Court,
or, in vacation, the Judge thereof thaln
have the power to try summarily and |
punish the party or parties guilty, as
required by laWi 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 indict
ment in so far as the same is applica- !
ble. Evidence may be oral, or in the :
form of affidavits, or both; the de>
fendant may be required to make
answers to interrogatories, either
written or oral, as in the discretion
of the Court or Judgemay seem proper;
the defendant shall not necessarily be
discharged upon his denial of the
| facte stated in the moving papers,
i The Clerk of the Court shall, upon
the application of either party* issue
sabpoenas for /witnesses, and except as
above set forth the practice in such
contempt proceedings shall, coaform
as nearly as may to the practice in
the Court of Common Plea* -
LIKEWISE BOUVCCB8.
Section 24. It shall be the duty of
the Sheriffe, deputy sheriffs and consta
ble 'haying notice of the violation of
any of the provisions of this Act to notify
the circuit solicitor of the fact of such
violation, and to furnish him the
names of any witnesses within their
knowledge by whom such violation
can be proven. If any such officer
shall wilfully fail to comply with the
provisions of this section, he shall,
? upon conviction, be fined in a sum of
not less than one hundred dollars nor
more than five hundred dollars; and
such conviction shall be a forfeiture of
the office held by such person; an*i
the Court before whom such conviction
is had shall, in addition to the imposi
tion of the fine aforesaid, order and
adjudge the forfeiture of his said office.
GOOD BYE, OLD BORBON.
Section 25. No person shall know*
ingly bring into this State, or know
ingly transport from place to place
within this State, by wagon, cart or
other vehicle, or by any other means
or mode of carriage, any intoxicating
liquors with the intent to sell the-aame
is this State in vidatien of law, or
with intent thai tfctiugtftban be sold
by any othiir person, or to aid any
other perm ' in such sale, under a
penalty of jive hundred dollar's- and
costs for each offence, and in addition
thereto shall be imprisoned in the
county jail for one year. In default
( of payment of said fine and costs the
party shall suffer an additional im
prisonment of one year. Any agent,
servant or employee of any railroad
corporation, or of any express com
pany, or of any persons, corporations
or associations doing business in this
State as common carriers, who shall
remove any intoxicating liquors from |
any railroad cai^ vessel or 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 incorporated city or town,
where there is a dispensary, or who
shall aid in or consent to such re
moval, shall be subject to a penalty of
"fifty dollars and imprisonment for
thirty days for every such offence:
Provided, that said penalty shall not
J apply to any liquor in transit when
1 changed from xar to car to |Ka1itate
I transportation^ All such liquors in
i!" *'?*'?, ' <?' ' * ? , .
Li r:-* '?
i ? < ? ; --
tended for
may ta aei:
A' PROMINENT feft
WITH CRtMl
at hit Post m QmL ]? I
Tbdtfollowing account of t he Jtftttt |
of the Editor of tlx State is ; <$ pped .
from that papS of foeeday: j
Mr N. G. GouzaJet, the
the State, was Arretted yeeter^ <MB !.
the charge of criminal libel, by
cod stable of a Barpwell trial juefttfi
on a warrant batid on the ?'
oneG. W. M. WUiiaot^a lawya* :
Mr Willfunt may not need anyiatefr
d action ti> the public through 4*ao}? j
umM of the State. What fa QmH the
warrant jo be tworn oat w tUtfe^ ? to |
be something that Wat ooivtoinad fa a
ferred Jb ieflj to reoQVtpnM
concerned. ? 'I ? !
Mr Gonzalet was arretted, kst \f
night he wat writing oditorh ||- -Mill J It,
be disappointed.
The constable, Mr Mood*,! arrived
yesterday morning with id row*!,
which be had oountereggiia&Jn' -j
Justice I Kiernau. The wartSfci iw' ;,
issued bytStiiuetSce Row ^
berg, and the allegations rtad atfoU >
lowr
"That one N. G? Gonial* it thf
editor imd \ manager of thfj BbU, i?
daily, newspaper which hat cfceaktlpa $
in Barnwell county. That - in tbi
is?ae of said paper of date December .
8th, 1892, which eaid issue aid paM f
was circulated in Barnwell opvot*, 1
there appeared * certain article K# ? *
ed, "Pay Up OrjGo To Jai^ wSl
sai d. article wat libeloue of and eott ?}
ce ruing deponent, tending towUi him ?<
to a breach of the peace, Jrfaokea hit
name land character, an#* injure hin^
in hi^ profetsian at e^vy^
is maie upon information and belief
and G. Duncan Be$ofcer it a witW !
to prove the, tame."]
The article referred to in the affi
davit appeared in th^Koe of Decem
ber 8, and in giving th*.j*oceedinp .
of the court in Barnwell tba AafcV
correspondent aaid thia: j ? . ^
"During the term ha (Judge Had*
son) made an order requiring G. W. \
M. "Williams, a lawyer, to pay. to a
colored woman and her minor children, .
$500, which he collected for then J
years ago, within thirty dayt, or m . Jm
default thereof to go to jail and ttayjfl
there until he doet pay it" jH
Discussing the matter editorialm*-^
the Stale winds up itt article } I
following: , :
"Criminal libel it a pretty ?mm
charge, but malice mutt bet>row6 L
sustain it Mr G. W;M.^Wi(|iMB
cannot prove malice tetfee partac
the Editor ofTheiSiafe. TbeevWeftee
is already on hand to thxp^tfee whole ?
owe out of court, if it ewrjme there,
which we thin^ unUkeS.tfJfii adhor
of a newspaper is toTwhela criminally
responsible for publishing 4J8H
proceedings at natter* of news, tea
is fo ? room for* journalism itt tfia ,
country. The criminal whoae sentence %
is ; rendered has the -paper which ' if '
publishes the newt at hie mercy. ' v
We have never hadaa great |tt. ^
invitation to diteqpt the charaetjtfaf
an aasailanfasttrG. W. 3L Wilfian
has given us; but in pity for fctyM* j
^rell as in deference to oar owi Ma*".-*
dard of journalism^ we withhold com- i ;5
ment We will only suggest that if i f
Mr Williams desirtd an excuse lor \"l
embracing Tillmaniam he fttfht have
found one kwU witlt! dyaeadta fj
than alleged grfevanoe. agaiast The . .
State, coupled with a libel suit j r
iU editor^' y, ?
Mr Gonzales found no trouUe m 'j j
procuring bail, friends TolunteerU^gJl
to sign his bogd, and was immediatal/1 1 :
released, and is at ^ his pak writing jj j
editorials as osuaL ?' ?
Gadman, the wholesale
tbe general poetoffica, wl
stole $5, 248 in etaane?