The press and standard. [volume] (Walterboro, S.C.) 1890-current, August 05, 1908, Image 1
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tandari
VOL. XXX.
WALTERBORO, S. C, AUGUST 5, iqoS.
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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