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. n mi tandari VOL. XXX. WALTERBORO, S. C, AUGUST 5, iqoS. = - NO. 51 NO ELECTION ON WHISKEY. Decision Rendered by Messrs Howell & Gruber, Published in Full. tion might be conducted at all. that the books be turned over by the supervisor of registration to the i | commissioners, and by the sioners to the mangers of election, as provided f r in section 193 herein- to they rr.U't he delivered by you tlfc? commissioners of eU ction some time pri*r to August 25th, the day commw- j on whi -h the election is appointed to be had. And if so surrendered when ..ill they he returened to your cus- in of PROHIBITION DEPARTMENT. EDITED BY J&s. E. Peurifoy And W. Smoak, Jr. above quoted from. By a compan-: The answer will be found general in son 0 f the provisions of the two Acts Section 193 of he Code of laws in W*lterboro, S C August 1. 1908. ary, 1906. This Act. is Messrs. DLL Hiers, chairman, J. scope, applying to every loounty in 0 f 1908 under discussion, it will be 11902, heretofore quoted: ‘Thecom- A. Roger and C. A. Walker, Super-' the State. Among other provisions that the books are required to m issioners of election shall return visors of registration for Colleton I contained in such act will be found be at more than one place on the snch bo«.ks to the board of reMstra- (JJounty, Wal^rboro, S. C. , the .ollowing, which fconstitutes same day, the Att on the subject of t i on within twenty da>s after such Gentlemen: -On the 27 ult. e section 3: re-enrollment and registration mak- election.” They may return them member of your Board handed us a That for the purpose of such jng it necessary that the books be at sooner but thev are not required to be appreciated bv all right thinking^ copyof the correspondence recently jen^llmentwdre^stratmn^e^sajd the county seat for the purpose' of do so. And if they did not. how 1 people. The following note was PROHIBITION. 9 Spartanburg. S C.. July, 29, ^ Editor of The I*ress and Standard I think the publication of th enclosed data in the county papers will do good at this time. I am sure it will that would this effect the re-enrollment and registration of the electors? Not only would the electors of the connty be deprived of the right to of the electors of the State, was not of extraordinary dignity, as we shall hereafter see we are of opinion . that the same might be harmonized had by you with the Attorney Gen «ral of the State on the subject of the seeming conflict existing be tween the provisions of the special act passed at the last ensuing cession of General Assembly, provid- ing for a special election in this and Aiken counties, on the subject of each township, in their respective j various precincts for the county. the sale of liquor; and the Act pass- counties, of which at least ten days these two Acts be so reconciled , * . n ^ce shall be given by advertise-1 «* »' the Sim< ' seS6,on P^ding tor m ‘ nt in a published m the re-enrollment of the elector* in the county; and in counties contain- thisand other counties of the State, ing fifty thousand inhabitants they And requested that we would give shall attend in each city, town or r r Board an opinion upon certain '“ndrSTS. ,nh°S Wgal questions propounded. These | eas t one ( ] a y f upon similar notice; questions were in substance as fob PROVIDED, that the provisions of lows: , 1 this section shall only apply to the 1 wrv .u ■ ,« 1 a . I re-enrollment and and registration l. Whether-or not the election for the ^ 1908 «. provided for in the special Statute. I 1 with the provisions of the Act direct- passed at the session of 1998, could ! For the purpose of such registra- j ing t h e holding of special election. met tetwwn^uc^lS'^UtSw ti0n .'*''' iU ^ swn thal the J b0 ° kS of and it would be our duty to so jfhd the General Act passed at tne registration must be opened at the Harmonize them if possible, this be- same session providing for the re- 1 county seat every day ('Sundays ex- j ng a ru | e 0 f construction often enrollment of the electors of the cepted) during the months of July j appij^ by our courts. State. and August, and in order to be open Dealing with the subject in the at the county seat the books must, | |j g ht of this fun-iamental rule of and registration shall not be legale: i wa s expected, of course, be there We now turn i construct j onf oan these two Acts. 1 PR0V1 V t:i) ' to page 1409 of the Acts of 1908 P(isseci at me same session, be so shall ^ entitled to registration the Act providing for the special! reconciled *4 to K'V’e ericict to both? before the b >')ks are closed.” election in this county on the subject I | t will be nitteu U.at tne Act on the Thjs pn , vUion j, too c | ear f or eon- of the sale of whiskey on the last | su bjeet of the re-enrollment and , roverHV The constitution not only Tuesday in August, 1903. bectnn X registration of the voters was parsed . that the l>ooks of such Act provides, among olher ; on February 24th, 1908. The Act' addressed to the different Clerks of Court of each prohibition county, and I append herewith a few of many answers received. To the Clerk of Court of:- Dear 2. Whether or not your Hoard would be at liberty to deliver to the commissioners of election the books of registration'tfU'fce used by the managers of election at such special election, if such election should l*e held. 8. That in the event we were of opinion that you were at liberty to so surrender the custody of the books, then what books were to be used at such election: the books of registration heretofore made up, jr the new’ books uow in process of be ing made up? 4. That if the books of registra tion ware so*ii*rendered by you for the purpose of holding such election, what length of time before the elec tion would it be necessary to so sur render them to the election of officers, and w hat length of time would elapse after the election be fore the books would be returned to your custody? Before entering in;o the discuss ion of the subject matter of these questions, we desire to say that we are conscious of the fact that we are dealing with a grave question. Not only does the specia’ election direct ed to be held by the legislature con- ceipi a subject of vital interest to all of bur people, but the apparent con- flict existing between the provisions of this special Act of the legislature and the Act providing for the re enrollment of the electors presents a grave complication, fftr the reason that the validity and integrity of all ejections, general and special, 'for the next ten years w ill be depen dent upon the regularity and validity of the re-enrollment of the electors now being held. It will be seen, therefore, that the subject is an important and delicate one looked at from any standpoint, and being con scious of this, we have given the matter careful and exhaustive con sideration before reaching a conclu sion- We confess that our preconceived view was, that these two Acta might stand together, each being given such construction as Would bring about reconcilement of what appeared a conflict between their provisions. Not only did we fed that this might be done, but we leltthatit was our duty to take view as would harmonize ! conflicting provisions, if pos sible, the legislature having mani- ff led an intention that such special election should be had. With these pniimimry remarks, we shall now proceed to discuss specifically, such provisions a^Cere contained in the two Adi in apparent conflict with each other; aleo considering such provis ions ae are contained in the State r—titution and in the other general Apeot the legislature bearing upon registration open at the several' com Fh*nce with the terms in county seats every day (Sundays Act; and the Act on the subject of excepted,) between the hours of the special election, taken in con- nine a. m. and six p. m., during tlje nection with section 193 of the Code ancT in ^idition,Thereto,^tlfey shili of law’s of 1902, making it imperative register at the county seat for the attend, during the month of Sep- that the books be m the hands 01 remaining days during the month of Sir:- We are asking the clerk of tember, 1908, at least one day in the managers of election at the August, but your board would be court in each prohibiton countv for greatly embarrassed and inconven- facts in regard to prohibition. Will ieneed if you did not find it impossi- you kindly answer the following as to harmonize with each other, the ble to comply with the further questions as you may obtain them provisions of each being carried into requirement that you attend at least from the county records and forward effect? . one day in each of the tow’nships of same to me at your very earliest If the Act of 1908, providing for the county, after due advertisement, convenience, the re-enrollment and registration during the month of September for Y'ours truly, the purpose of registration. J. L. Harley State Supt. But b«- this as it may. there is an other provision contained in the' Statement from E/lgefield county. State constitution which, it seems to j 1* How long has your county us, is mvessarily fatal to the Act been dry? Ans. About tw’o and providing for the special election one *balf years. Section 11 of Art. 2, reads as fol- : 2. What effect has it had on busi- l ow §: ness? fAns.) It is more satisfactory. ••The registration books shall close | *• Have you been able to enforce at least thirty flays before an elec-! • Ans. I think the law is tion, during which time transfers pretty well enforced, as much so as liquor and drinking lieen reduced? Ans. No liquor is sold in the county except occasionally by parties who epen up blind tigers and they are soon caught and dealt with. A con siderable amount of liquor is shipped in during the fall and winter months. My opinion is that the entire sale from all sources has de creased 60 to 75 per cent and possibly more, and the drinking reduced in the same proportion. Yours very truly. J. E. Jefferies. Clerk, Cherokee Co. Statement from. Clerk of Court of York county. 1. How’ long has your county been dry? Ans. 3 years. 2. What effect has it had on busi ness? Ans. Helped business. 3. Have you been able to enforc e the law? Ans. Yes. 4. Wfiat effect has it had with referenc? to sobriety and good order? Ans. Splendid effect. 5. To what extent has the sale of liquor and drinking been reduced? Ans. Open public drinking has been discontinued. Answered by, J. S. Brice. At request of clerk. 1 1 things, that such Election sha ' 1 e providing for the special election held as all general elections are held, was passed ihe nex and governed by the same rules, laws 1 2T)th. If the subject and regulations as now govern general elections.” By comparing so much of provisions of the two Acts as shall close at least 30’days before an electiorf- takes place, but emphasizes this Of course there is occasionally some whiskey sold here and in the county but I think the sale of it in the town ami county is on thd de crease. 4. What effect has it had with reference to sobriety and good order? Ans. It has had wonderful free from objection, the Act provid i ing for the holding of the special l election, passed one day after the we I Act providing for the re-enrollment ex: day, February requirenu , nt bv declaring that any ,n improving good order and •ject was otherwise | transfer or registration taking place decreasing drunkenness. during such }<eriod shall be illegal. Section 179 of the Code of laws of 1902 contains the same provision and concludes’ “The registration books o. To what extent has the sale of liquor and drinking been reduced? Ans. 1 do not think there is mote than 10 |>er cent of drinking and have here quoted, it will be seen that 0 f the electors, might be construed , sba jj ^ j n ij| 4e manner closed thirty drunkenness now as w’hen w hiskey the books of registration are requir- as an exception, or proviso to the i days l)efore anv 8l)(H . ia i Section.” ed to be kept open at the county Act on the subject of re-enrollment st“at for the purpose of re-enrollment and registration, thus giving effect and registration of the electors dur- to both. Where the courts can do ing every day (Sundays excepted) , so> an ac t expressing a general in*! during the months of July and : t£ n t yj e ]d* to an ^ ct expressing a 1 August; w’hile the Act directing the special intent, the latter being con-i special election to be held on the 1 strued as a proviso, or exception to' fourth Tuesday in August now pro- t he former. State ex. rel. Wood- vides that such election shall be s jd e V. McDaniel, 19 S. C, 116 119; Prickett, 47 S. held as all general elections are now ! State v held and governed by the same rules, | Fooshe v laws, and regulations as now govern 340; Ex Parte Chasem 62 S. C general elections. ^ Parte Turner 24 S. C., 214. This provision requiring that this jj u t ^ much ^ would like to special election shall be conducted reach this conclusion in the matter in accordance with the rules, regu- under consideration, we should lations and laws governing general elections is too plain to be misunder stood. All r quirements contained Applying this provision of the | State constitution to the subject under consideration, the conclusion seems to l>e irresistible. The books have not been closed. It was too late to close the books when this matter wai referred to us on the 27th; but even had the matter been referred to us earlier we could not was sold in town of Edgefield. (Signed) W. B. Cogburn, C. C. P. of Edgtield county. have advised that you do so. To Merriwether, 20 S. C., have closed the books 30 days prior to August 25th and have surrender ed the custody of them to the election officers for more than twenty days more would have com- en- tertain grave doubts as to its correctness in this particular case. The Act providing f *r the re-enroll- in the State constitution and in the men t and registration of the electors general Statute law of the State, on the subject of general elections, are thus made applicable to this special elections, as though specifically con tained in the statute providing for such election. It becomes impera tive, therefore, to ascertain what the requirements are in general elections in so far as it is necessary to throw light upon the question under consideration. By reference to Section 193 of the Code of laws of 1902, it will be seen that “Im mediately preceding such general election or any special election, the Borad of Registration shall furnish to the commissioners of election for their county, two registration books for each polling precinct in their county containing in each the names of ail electors entitled to vote at such precinct; and no elector shall vote in any polling precinct unless his name appears on the registration books for that precinct. The Com missioners, of election shall turn over such books to the mamgers of elec- Statement from clerk of Cherokee county. •1. How long has your county been dry? Ans. Since Dec, 1904. 2. What effect has it had on busi ness? Ans. 1 think business has increased to 25 to .‘13-one-third per cent. 3. Have you been able to enforce the law? Ans. Yes: Occasionally we have a few cases in the courts for violation of the law. but no more Statement from the clerk of court of Pickens county. 1. How long has your county been dry? Ans. 3 years. 2. What effect has it had on business? Ans. Improvement. 3. Have you been able to enforce the law? \ns. It has l»een enforc ed as well or better than the dispen sary hw was enforced. 4. What effect has it had with reference to sobriety and good order? Ans. A wonderful improve ment. It is 50 jier cent better than when we had the (fispensary. 5. To what extent has the sale of liquor ami drinking been reduced? Ans. 50 per cent less. Yours very truly, A. J. Boggs, C. C. P. by the General is not passed Assembly of its own volition. It i resu ited in denying was passed in obedience to the mandate of the State constituion. Subdivision b. of Section 4 of; Article U of the constitution of 1895 pro vides as follow’s: “Registration which shall provide for the enrollment of every elector once in every ten years, and also an enrollment during each and every year of every elector not previously registered under the provisions of this article." pletely defeated the purpose of the f Act providing for the re-enrollment ^ and registration of the electors, an Act passed in obedience to the ex press requirement of the State con stitution. Such a course would have to tiie electors of this county the opportunity to register for 38 days (Sundays ex cepted) out of the 60 allowed by the Passage. A discussion of the terms Act to the electors of this and every ^is special Act could add nothing county In th? State, even assuming what we have already said, that the future requirement for ap- The conclusion renders it unneees- pointment in the several towmships sarr to answer the other question 4. What effect has it had with reference to sobriety and good order? Ans. A most wonderful effect. 1 think drunkenness has decreased 50 to 75 per cent. 5. To what extent has the sale of Statement from Mayor of Spar- 1st j tanburg’ ! 1 • How long has your town been dry? Ans. 3 years. 2. What effect has it had on busi ness? Ans. Business has improved. 3. Have you been able to enforce the law? Ans. Yes. 4. What effect has it had with reference to sobriety and good order? Ans. According to police records crime reduced about 75 per cent. 5. To what extent has the sale of liquor and drinking been reduc ed? Ans. 75 per cent. J. F. Floyd, Mayor. S. C. Anti-Saloon League. » Urflrwi Th* import*!) ;£?<»• Jan under its tjh# Joard of afford to Ten years have elapsed since the previous general registration, so that at the last session of the General Assembly compliance with the con stitution reqirement was had by the passage of the Act in question, and the registration it piovides for must serve for all general and special elections for the next ensuing ten years. This Act is, therefore, one of extraordinary dignity and of vital importance. We mast, in dealing th it, exercise great care to- do thing that would invalidate the portant work that you have to do provMqna. We can not imperil all elections being - nssfli’SE.-, askei. could have been kept. But as we have already said, the books have not been so elosed and it w f as too late to have closed them when the matter was referred to us on the 27th ultimo. If, under these circumstances, the books should be surrendered to the election officers , , . . and the special election held, the re sult would be that all of your work from July 25th to August 25th would be invalidated, for Sec. 11 of Art. 2. of the State Constitution expressly so declares. We can not, therefore, advise you to surrender the books unless required to do; so by some competent tribunal. We do not deem it necessary to discum the provisions of the Act contained in the printed Act of 1906 at page 1019. This Act requires 1 he Boned of Registration of Collet* Very respectfully yours, Howell & Gruber. Death of Mrs. Rebecca Price. Mrs. Rebecca A Price, widow Walterboro, Mrs. John Padgett, Gainsville, Fla., Mr*. James Liu- der, Mrs. H. W. Black, SrMrs. L. G. Beach, Mrs. Bianca Pad gett, all of Walterboro. The Press and Standard joins the many friends of the bereaved in sincere sympathy. fat* tain speemca pHUpc* m «*■« wwnw. the same having been pa—d while ypperently wholly overieoMng th» ravMosfcuf tho General Aet on (bfe fee— subject fMMr a— Min erf Rnl of the Lte Itev. B. G. Price, 1 died Friday evening at 8.80 residence of her daughter, Mrs. Bianca Padgett, after an illness of a few weeks. Mrs. Price was eighty years and three months old and had passed a useful life is this community. She was a faithful and consistent member of the Baptist church. The funeral services were held Saturday afternoon at 8.80 o’clock at the Baptiot church horn, con ducted by Rev. F. O. 8. Ourtis, after which interment took.plaee at Zion chavek eemetery. Mrs. Price is survived bv man; children and grand obUdm* Her children an W. k. trie*, of Vti J«ha Pridt ef i ll G. Price, Bitten by Snake. Last Saturday morning Perry, the eight y ?ar old son of Mr. and Mrs. D. L. Benton, of Getsioger, was bitten by a black and white striped snake about three feet long. Dr. A. W. Hudson was summoned at once and rendered medical aid. The little boy suf fered very severely for two days, but Dr. Hudson states that he thinks him out of danger now. Clande A. Graves, for—an of Urn Pres? and; tha •iliSfaSSER Imtfor Job printing or snuiaaA