The Newberry herald and news. (Newberry, S.C.) 1884-1903, January 04, 1893, Image 1
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cmEdy. RE
SD - NEWBERRY, S. ., EDNE SDAY, JAN
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MF~r
1ARD
~ J~5 NIWBERY, S C.,WEDIIESDY, JNUAR 4, 893.PRICE $1.50 A Yi
1Text of Ne Law to Regulats
'" g.aae --Whbs the Peopto
Lsiri Put Up with for
- * -
a eia.tos s and Courier.)
"',"I f Ar 0 The News
anciergives le only correct copj
hrEans'-=die ijfary 'billt whiect
enacted at the -ent sQPiion of the
Assembly. e law is in many
the as the 'Nettlee.
and Compan ill already pub
': . e6 prehet re ogtline of the
as been n, but those in
will fnd th visions of the
tlly:of close a tiion. The bill
tto:Prohibit t\ Manufacture
a3e ofIntoxica g Liquors as a
within this ate, except as
Jetite d.
natdetc;
2::.That on an4fter the first
Luly, A. D.,. Ie manufac
F : barter or exe ge, or the
R p s ei r.: offering for ae, barter,
exchange, withi 'is State of
tqous, malt;7in, ferment
oter intoxieating liirs, or any
u4d pr mixture there by what
me called, which produce
cation, by any pers basiness
poratioti or assoei u, shall
alaed and conducted provid
i,~ sAct.
BOSBAEKEEPE
2.. The Governor sh ithi
from the approval aoe Act
a commissioner, beld by
be an abstainer from =I
t'wboahall, under such r snd
. .ofas may:be made -
ardf control, purctiase in
lk' eafor lawfut salei
preference to: c
Sad rewers in this td
.h thea same to such perso
'r designated as dispensers t
besold as hereafter prescri
Acthis and sbsequent appo
il:tobe subjectAto the approva
Senate at the next succeeding
Said commisioner shall resC
h e place of business in t
f'Columbiain this-State, and hol
r 'ofice two years from appointment
untI: another is appointed-in hi
subject to removal for cause b;
e board .f control. He shal
-and be commissioned the sami
officers, and receive an anuna
-ffghteen hundred dollars, pay
mean time and in the sa4i
a provided for the paymen
salaries of theiState officer.. Hi
-be allowed a bookkeeper, wh<
be paidin the same manner a.sal
-ifelve.hundred 4ollars, and suc
assistants as in t;}e opinion of thl
1 control may lie deemed neces
a-He-shall not sell to the countj
any intoxicating or ferment
except such- as have beer
=b the chemist of the Soutt
College and declared to be
unadulterated. Said chernis1
na saistants.as may be appoint
aihimrto be allowed such comn
eeifany, aa the board of con.
* emne. He shall not re
~from said county dispensers foi
nors sold to, them more than 64
tabove the net cost thereof,
-amounta 'so received by hin
ead sales shall be by him paic
-tothe Treasurer of the State
nder such rules as may b
ythe State board of control I<
the faithful return of the same;
&fate- Treasurer shall keep:a
asecount with said fund, from
'the commissioner aball draw
to-time, upon warrants dul~
-by- the said board, thi
necessary to pay the expenses
in-conducting the. business of
y.All rules and regulatIomn
the said commissioner in the
ofittoxicating liquors, or in
ceof any of the duties of
-where the.same are not pro
by law, shall be prescribed by
board of control, composed of
- the Comptroller-General
Attorney-General. H. shall,
~eitering upon the duties of big
~execute: a .bond to the State
r,with sufficient sureties, te
Sred by the Attorney-General,
>penal sum of ten thousand dol
t he:faithful performance of the
-of his office. In all purcbases
of intoxicating Uiquors mad. by
comissioner, as contemplated in~
t,the, commissioner shall cause
-i fe~ats to be attached to each and
~package containing said liquers,
%esame is shipped to him from
paeof purchaae, or by him to the
- ispensers, certified by his ofi
iena ture and meal, which certifi
eaistate that the liquor. con
In said package have been pur.
Shyhim for sale within the State
2 taCarolina or are-to be shipped
ta eState under the laws of said
~id without any such certificate
~~tskge contaimnn liquor. which
-brought into tha &ate or ship
Sthe State or shippctd from
lcewithin the State by any
express company or other
-carrier shall be regarded as
eifor unlawful sale, and upon
tinthereof such. common ear
~be liable-in a penalty of flie
_dollars for each offence, to be
je~against said common carrier
~~~uieoortof competent judjsdiction
cep1aint proceedings to be insti
- ie solicitor for any circuit
n - evidieuce of the violation
o-~Idg by,aay citizen having
or information of the viola.
myperson knowingly-at
such certificates with
vam j UsJA.cVi~aciu 1U%;UuU L%7 LiL
purpose of securing the transportati
of any intoxicating liquors into, out
or within this State in violation of lav
shall upon conviction thereof be pu
ished by a fine of not less than n
hundred dollars and imprisonment i
the Penitentiary for not less than on
e fcc e. Said commi
sioner shall make a pin '
statement under oath, commenciz
August 1, 1893, of all liquors st
by aim, - enumerating the differe
kinds and quantity of each kind, ti
price paid and the terms of paymen
and to whom sold. Also, the nam
of the parties from whom the liqu,
was purchased, and their place of bus
noes and date of purchase, which stat
went shall be fled with the Sta
board of contrel.
THE SIZE OF THE O?FICIAL COCKTAI]
Section 3. The State commission:
shall befoie shipping any liquor I
county dispensers cause the same to b
put into packages of not less than one
half pint nor more than five gallon:
and securely seal the same, and i
shall be unlawful for the county dis
penser to break any suck package o
open the same for any reason what
ever.. He shall sell by the- packag
only, and the purchaser shall not ope,
the same on the premises. Provide:
this section shall not apply to mal
liquors shipped in cases or boxes there
of, or shipped in barrels.
THE COUNTY BARKEEPERS.
Section 4. It shall be the duty of the
State board of control to appoint a
county board -of control composed of
three persons, believed by said board
not to be addicted to the use of intoxi
cating liquors, who shall hold thei:
office for a term of two years, and until
their successors are appointed. Said
county board of control shall be sub
ect to removal for cause by the State
board of control. Said county board
shall make such rules as will be con
ducive to the best management of the
sale of intoxicating liquors in their re
spective counties: Provided, all such
rules shall be submitted to the State
board and approved by them before
sdoption. Said county board of con
1o shall qualify and be commissioned
e same as other-officers, without fees
-erefor.
e ion 5. If any county dispenser,
1 his clerk, shall purchase any intoxi
g liquors from any other person
1 persons except the State commis
r, or if he or they, or any person
rsons in his or their employ, or
t tls or their direction, shall sell or
of for sale any liquors other than
s have been purchased from the
S ommissioner, or shall adulterate
or to be adulterated any intoxi
'a spirituous or malt - liquors
w he or they may keep for sale
unthis Act, by mixing with the
saDy coloring matter or any drug
or ledidnt whatever, or shall mix
the6e with other liquors of differ
ent r quality, or with water, or
s f&l~ I or expose for sale such
liquoi adulterated, knowIng it to
be a F~e or they shall be guilty of a
iId nor and be fined in a sum of
.o le two hundred dollars or
imprij in the county jail for not
less tQ,-x months. -
O TITION wISH TE,STATE.
Sect. That on and after the first
day of 1893, no person, firm, asso
ciaatio n to-shall manufac
tuefrsell, keep for sale, ex
change, bir dispense any intoxi
cain flqor any purpose what
ee,ohr~ than as provided in
this Act.'~ dispensers, as herein
provided, sa Jne be authorized to
sell nd d intoxicating liquors,
and all pernost be procured, as
hereinafter p ,d, from the county
board of con Provided, that no
Henefor the;f spirituous liquors
now atozeegranted by mu
nicipal autho%NH be of any force
or effect after tgh~ day of June,
1893, and that $nses now in fore~
are hereby exteIpro0 rata, to said
30th day of 3h893, on the same
terms as are ir-foi-e: Provided,d
further, that riacturers of dis
tilled, malt 0 J~ iquors who ar
doing business his State shall ben
allowed to sel o person in this
State exceptottcomsin
Eeryndt partiesde of the State.
Eeypacka~ge, bir bottle of such i
iquors shipped be the limits of
this State shall eon th ce
tificate of the Stat resonthe aer-i
lowing same, and %i isshesal be
liable to confiscatio te railroad be
tlon 2: And provlded as inereon ai
shall have the righS *ane orns
his or her own um g rapes for s
other fruit.grpso
HOW TO GE1
Section 7. Applicatf *. w
of county dispensers al olto
tions signed and sworri by peti-w
plicant and filed wig~ the ap
board of control at lea countst
fore the meeting at whildayse-t
tion is to be considered, Napplica- of
shall state the applicantfttion o
of residence, in what busfs an
and in what business he Igged,d,
gaged two years previous en en- h
tition; that he -is aci t
United States and of Sou .the
that he has never bee lina;
guilty of violating the law dged
intoxicating liquers, and isi h
cenaed druggist, a keepe l Ii' she
eating house, saloon, restel,'o
place of public amusemenki of
he is not addicted to the uea
cating liquors as a be K
permit or renewal thro
~eto
only on con'dition that th thr
shall execute to the county res
Ie
e a oona in tpe penal sum of thr
n thousand dollars, with good and sufi
f, cient sureties, conditioned that he wi
r, well and truly obey the laws of LI
State of South Carolina now or her
re after in force in relation to the sale 4
n intoxicating liquors; that be will pa
e all fines, penalties, damages and coal
3- that may be assessed or recovere
jinlilx.imfor violation of such law
)g during the term for which permit
Id renewal is granted, and will not se
nt intoxicating liquors under his perrn
e at a charge exceeding 50 per cel
t, above the cost thereof. Said bc,
es shall be for the use of the county i
)r any person or persons who may 1
i- damaged or injured by reason of an
- violation on the part of the obligat<
te of the law relating to intoxicatin
liquors purchased or sold during th
. term for which said permit or the ri
r newal thereof is:granted. The ;sai
O bond shall be deposited with th
e county treasurer, and suit thereo
shall be brought at any time by th
solicitor or any person for whose ben
t efit the same is given; and in case tb
conditions thereof, or any of them
r shall be violated, the principal au<
- sureties theron shall also be jointl:
and severally liable for all civil dam
ages, costs and judgments that may bi
obtained against the principal in and
civil action brought by wife, child
parent, guardian, employer or othei
person, under the provision of the
law. All other moneys collected foi
breaches of such bond shall go intc
the county treasury. Said bond shal]
be approved by the county board o1
control under the rules and laws appli
ckble to the approval of official bonds.
THE NUMBEB OF COUNTY BARS.
Section 8. 'here may be one county
dispenser appointed for each county,
.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 the city of Colum
bia, for the county of Richland, where
there may be three dispensers appoint
ed, whose place of business shall -be
located in such sections of said c:ities
as will be most convenient for the ac
commodation of residents thereof. At
least ten days before the first day of
the meeting at which the applications
for the position of county dispenser
are considered, the applicant shall file
with the county board of control, and
a copy thereof with-the clerk of Court,
in support of the application, 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 issued,
and each person aforesaid shall sign
said petition by his own true name
and signature, and state that each be
fore signing has read said petition and
understands the contents and meaning
thereof and is well and personally ac
quainted with the applicant: Provided,
That in the judgment of the county
board of control other dispensaries
may be established in any county 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 effect and tenor fol
lowing: "I, -- -- --, do solemnly
swear (or affirm) that I will- well and
~ruly perform all and singular thie con
litions of the within bond and keep
Lnd perform the trust confided in me
o purchase, keep and sell intoxicating 1
iqnors. I will not sell, give or furnish<
o aniy person any intoxicating liquors
>therwise than is provided by law,t
Lnd especially I will not sell or furnish<
ntoxicating liquors to any person who
s not known to me personally, or duly
dientified, nor to any minor, intoxi- ~
ated person, or persons who are in the
tabit of becoming intoxicated, and I
ril make true, full and accurate re
urns to the county board of control
be first Monday of each month of d2
11 certiticates and requests made to p
r received by me as required by law c
urig the preceding month: and such b
atuzrns shall show every sale arnd de -rn
very of such liquors made by or for t2
xe during the month embraced there- p
i, and the true signature to every re- o:
nest received and granted; and such ti
sturns shall show all the intoxicating 'a
quors sold or delivered to any and t<
rery person as returned." Upon tak- oi
ig said oath and filing bond as bere- he
before provided the county board of ce
>ntrol shall issue to him a permit au- n<
orizing him to keep and sell intoxi- ii
ting liquors, as in this Act provided; fu
id every permit so granted shall w
ecify the building, giving street and tli
imber, or location, in which intoxi- b3
ting liquors may be sold by virne of bI
e same, and the length of time in- i<
2ich the same shall be in force, ha
iich in no case shall exceed twelve pe
anths. Permits granted under this sh
it shall be deemed trusts reposed in Lu
S recipients thereof, not as a matter se
right, but of confidence, and may be si<
roked upon sufficient showing by mi
ier of the county board of control; Las
1 upon the removal of any county ise
enser, or upon demand of the county
Lrd of control, he shall immediately
-n over to said county board of con- t
1 liquors and other property in histh
isession belonging to the State or t
inty- Said county board of control
al be charged with the duty of pro- cou
uting the county dispenser, or any c
uis employees, who may violate any sl
he provisions of this Act. -to
TWO DOLLARS A DAY-' cat
ection 10. The county board of con- res
shall use as their office the office of sh<
county commissioners; of their ty
aective counties, a te clerk- of d.
e 'the board of county commissioners I
I- shall serve as their clerk. They shall
11 preserve, as -part of the records and
e files of their office, all petitions, bonds
- and other papers pertaining to the
>f granting or revocation of permits, and 1
y keep suitable books in which bonds
s and permits shall be recorded. The i
d books shall be furnished by the county <
s like other publice records. The county J
r6 , f control shall designate or
11 provide a suterre' e4t c9bieto sell f
it the liquors, and shall furnish or gii
t. permits. to purchase from the State
d commissioner such liquors as shall be
>r necessary. The members of the county
>e board of control shall meet once a
y month or oftener, on the call of the
>r chairman, and for their service tbey 1
g shall each receive a per diem of two
e dollars, and five cents mileage each j
:- way, and their clerk shall receive two
d dollars per day for the days actually
e employed as such; but they shall not
n receive' compensation for more than I
e thirty daysin any one year. They shall,
upon the approval of the State board of i
e control, employ such assistants for the t
, county dispenser as may be necessary. I
I The county dispenser and his associates d
shall receive compensation as the State c
- board of. contfol may determine. All
profits after paying all expenses of the I
county dispensary shall be paid one- a
half to the county treasurer, one-half to p
municipal corporations in which it is it
located, such settlements to be made a:
monthly. sl
HOW TO GET A COCKTAIL. d'
Section 11. Before selling or deliverl
ing any intoxicating liquors to any
person, a request must be presented to
the county dispenser, printed or writ- 01
ten in ink, dated - of the true date, p
stating the age and residence of the
signer for whom and whose use the
liquor is required, the quantity and
kind requested, and his or her true di
name and residence, and, where num- pe
bered, by street and number, if in a city, ta
and the request shall be signed by the to
applicant in his, own true name and co
signature, attested by the county dit- li;
penser or his clerk, who receives and po
files the request, in his own true name tu
and signature and in his own hand- as
writing. But the request shall be re- sh
fused if the county dispenser filling it gi
personally knows the person applying lig
is a minor, that he is intoxicated, or ke
that he is in the habit of using intoxi- Sal
cating liquors to an excess; or if the qu
applicant is not so personally known tez
to said county dispenser, before filling shi
said order or delivering said liquor, he at,
shall require identification, and the cox
statement of a reliable and trustworthy cal
person of good character and habits, tru
known personally to him, that the an<
applicant is not a minbr, and is not in chi
the habit of using intoxicating liquors the
to an excess. ing
Section 12. Requests for the purchase froc
of liquor shall be made upon blanks anc
furnished by the county auditor, in chs
packages of one hundred each, to the eac
county dispensers from time to time as suc
the same shall be needed, and shall be dru
numbered consecutively by the audi- cha
ter. The blanks aforesaid shall be said
rurnished to the county auditor by the pur
State board of control in uniform books sect
Like bank checks, and the date of deli- fore
very shall be endorsed by the. county forl
mditor on each book, and receipt taken pen
herefor and preserved- in his office. ings
Phe county dispenser shall preserve the agai
application in the original form and and
>ook, except the filling of the blanks Con
herein, until returned to the county judj
Luditor. When return thereof is made, boal
he county anditor shall endorse there- the
in the date of return, and file and prc- Ceip
erve the same, to be used in the quar- stril
erly settlements between the county fron
ispenser and the county treasurer. cel
611 unused or mutilated blanks shall not]
e returned or accounted for before cons
ther blanks are issued to such county ture
ispensers- pou.
PAINS AND PENALTIES. h
Section 13. On or before the tenth
ay of each month, each county dis
enser shall make full returns to the to
>unty auditor of all requests filled by thov
im and his clerks during the preceding psaa
ionth, upon blanks to be furnished by piu
1e State board of control for the pur
Dse, and accompany the same with an pn
Isth, duly taken and subscribed before Act,
ie county auditor or a notary public, ure
hich shall be in the following form,th
wit: I, --, being duly sworn, state That
m oath that the requests for liquorsTh
erewith returned are all that were re- coun~
ived and filled at my place of busi- pon
ass, under my permit,.- during theprf
onthi of--, 18-; that I have care- by t
Ily preserved the same, and that they
are filled up, signed andi attested at ay
e date shown thereon, as provided any i
law; that said requests were filled any]
delivering the quantity and kind of At
tuors required, and that no liquors parem
ve been sold or dispensed under m,y proce
rmnit during said month except as po
own by the requests herewith re- mill
rned, and that I have faithfully ob-thr
'ved and complied with the provi- ntJe
ins of my bond, and oath taken by
a, thereon endorsed, and with all the moe
vs relating to my duties in the prem- nost e
six m
CASH FOR R. T. COCKTAIES. Se
3ection 14. Upon failure of any coun- or hi
dispenser to make the returns to touch
auditor herein required it shall sworn
the duty of said auditor to report Act, t
~h failure to the county -board of convi<
trol, and the county board of vided
trol shall immediately summon ty dis
I delinquent county dispenser chase
appear before them ad show quors
ise- why his permit should not be comm
oked, and if the cause shall not be to the
wn to the satisfaction ot the coun- quest
board of control, they shall imme- sale,:
tely annul said permit andmiv d;eme
public notice thereof ;'and the soliciti
shall proceed to enforce the penalti
prescribed in this Act for such viol
tion against said county dispenser
the next succeeding term of court
the county in which such permit
held, and any county dispenser wl;
shall sell or dispeuse any intox
sating liquors after his permit sha
iave been revok a ,u
riction tnereo be fined not less th
ive hunr zd dollars and be impr
oned in the county jail for six monti
Section 1. Every county dispens
shall keep a strict account of all lique
received by him from the State cot
issioner in a book kept for that pa
pose, which shall be subject at s
times to the inspection of the circ
olicitor, any peace officer or grar
ury of the county, or of any citizei
nd such book shall show the amout
nd kinds of liquors procured, tb
late of- receipt and amount sold, an
,heamount on hand of each kind fc
ach month. Such book shall be pr(
laced by the party keeping the sam:
o be used as evidence on trial of an
Prosecution against him, on notic
uly served that the same will be re
uired as evidence.
Section f6. The payment of t4
Tnited States special tax as a lique
-ller, or notice of any kind in an
iNee of resort, or in any store or shop
idicating that intoxicating liquor
re there sold, kept or given awa3
3all be held to be prima facie evi
ence that the person or persons pay
ig said tax and the parties display
ig said notices are sellers of intoxi
iting liquors, and unless said persona
parties are selling under permit a,
escribed by this Act they shall be
inished as provided for by this Act.
OLD SPIRITCS FEEMENTI.
Section 17. Licensed druggists con
icting drug stores and not holding
rmits, and manufacturers of proprie
ry medicines, are hereby authorized
purchase of county dispensers of the
unties of their residence intoxicating
luors (not including malt) forthe pur
se of compounding medicines, tine
res and extracts that cannot be used
a beverage. Such permit-holders
all not charge such licensed drug
it over 10 per cent net profits for
uors so sold. Such purchaser shall
p a record of the uses to which the
ne are devoted, giving the kind and
antity so used, and on or before the
ith of each calendar month they
Il make and file with the county
litor, and with the county board of
itrol, sworn,reports of the preceding
eudar month, giving a full and
e statement of the quantity
I kinds of such liquors pur
ised and used, the uses to which
same have been devoted, and giv
the names of county dispenser
rn whom the same waspuchased,
I the dates and quantities so pur
sed, together with an invoice of
Li kind still in stock and kept for
Licompoundings. If said licensed
ggist sell, barter, give away or ex
nge, or in any manner dispose of
liquors, or use the same for any
pose other than authorized in - this
ion, he shall, upon conviction be
any Court of General Sessions,
sit his license and be liable to all
alties, prosecutions and proceed
at 'law and in equity provided
nst persons selling without permit,
upon such conviction the clerk of
rt shall, within ten days after such
~ment or order, transmit to the
d of pharmaceutical examiners
certified record thereof, upon re
t of which the said board shall
e the name of the said druggist
ithe list of pharmacists and can
his certificate: Provided, That
ing herein contained shall be
trued to authorize the man ufac
or sale of any preparation or com
d, under any name, form or de
which may be used as a beverage
bh is intoxicating in its character.
IT COMES HIGH.
TION 18. That the sum of fifty
sand dollars, if so much be nece
is hereby appropriated for the
se of purchasing and of supplying
urs to be distributed to county dis-1
ris under the provisions of this
to be expended by the State Treas
upon the requisition of the State
missioner, with the approval ofi
tate board of control: Provided,*
the amounts advanced to eachi
by dispenser shall be considered
to be refunded out of the first I
s derived from the sales of liquors j
e county dispensers therein.
tion 19. If any person shall make t
dlse or fictitious signature, or sign n
ame other than his or her own to L
uaper required to be signed by this p
iithout being authorized so to do, c
ike any false statement in any u:
,request or application signed to J
re liquors under this Act, the per. A
ooffending shall be guilty of a ti
meanor, and upon conviction 13
br shall be punished by a fine ofjt,
s than one hundred dollars nor b:
than five hundred dollars and ii
)f prosecution, or be imprisoned 0;
is than thirty days nor more than p.
nths. -
ion 20. I f any county dispenserc
clerk shall make false oath jin
ng any matter required to be sc
to under the provisions of this ;ai
be person so offending shall upon a s
~tion therefor be punished as pro-' b
by law for perjury. If any coun-: thc
penser, under the law, shall par- jte>
-'r procure any intoxicating li-i su
from other person than the State fo
issioner, or make any false return nlu
county auditor, or use any re- la
~for liquors for more than one la
~n any such case he shall be ty
ci guilty of a misdemeanor, and mi
r upon conviction punished by a fine
es not less than one hundred dollars ni
a- more than five hundred dollars, an
it ilpprisoned in the county jail for ni
of less than ninety days nor more tha
is one year for each offence.
DowN WITH THE CLUB COCKTAIL.
Section 21. Every person who shal
directly or indirectly, keep or maih
,b himseif or by associating o
~c
combining~ afo,rrers-ord --
is. in any manner aid, assist or abet i
er keeping or maintaining any club roo]
rs or other place - in which any into
a- eating liquors are received or kept f
r- the purpose of barter or sale as a bet
M erage, or for distribution or divisio
i among the members of any club (
d association, by any means whateve;
2 and every person who shall barte:
it sell or assist, or abet another in bartei
e ing or selling any intoxicating liquoi
d so received or kept, shall be deeme
guilty of a misdemeanor, and upoi
conviction thereof be punished by
fine of not lees than one hundred do]
' lars nor more than five hundred do]
e lars, and by imprisonment in th
county jail not less than ninety day
nor more than one year.
Section 22. All places where intoxi
r eating liquors are sold, bartered of
given away in violation of this Act, of
where persons are permitted to resorl
for the purpose of drinking intoxicat.
Ing liquors as a beverage, or where in.
toxicating liquors are kept for sale,
barter or delivery in violation of thh
Act, are hereby declared to be common
nuisances; and if the existence of such
nuisance be established, either in a
criminal or equitable action, upon the
judgment of a Court, or Judge having
jurisdiction, finding such place to be a
nuisance, 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 possession thereof, if
he has not already done so, under the
provisions of this Act; and by taking
possession of all such intoxicating
liquors found therein, together with
.all signs, screens, bars, bottles, glasses
and other property used in keeping
and maintaining such nuisance; and
such personal property so taken pos
session of shall, after judgment against
said defendant, be forthwith confis
cated 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 punished 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 of
fence be punished by imprisonment in
the Penitentiary for a period not ex
ceeding two years nor less than one
year.
SPOTTEfS.
Section 23. The Attorney-General,
his assistant, the circuit solicitor, or
any citizen of the county where such
nuisance exists or is kept or main
tained, may maintain an action in the
name of the State to abate and perpet
ually enjoin the same. The injunction
shall be granted at -the commencement
of the action in the usual manner of
granting injunctions, except that the
affidavit or complaint, or both, may be
made by the Attorney-General, his as
sistant, or the solicitor of the circuit,
upon information or belief, and no
bond shall be required; and if an affi
davit shall be presented to the Court
or Judge, stating or showing that in
toxicating liquors, particularly de
scribinig the same, are kept for sale, or
ire sold, bartered or given away on
the premises, describing the same,
where such nuisance is. located,
sontrary to law, the Court or .Tudge
shall at the time of granting -the in
unction issue his orders, command
ng the offBeer serving the writ .of in-1
unction, at the time of such service,
liligently to search the premises and
~arefully to invoice all the articles
pound therein, used in or about the
~arrying on of the unlawful business,
or which search and invoicing said of
icer shall receive the fees now allowed
y law for serving an injunction. If
uch officer upon search shall find upon
uch premises any intoxicating liquor, t
'r liquors of any kind, in quantity go- ,
og to show it was for the purpose of
ale or barter, he shall take the samee
oto his custody and deliver the same
o the county sheriff, who shall secure-k
y hold the same to abide the final
2dgment (the expenses for holding to
e taxed as part of the costs of such ac
ion); and sach officer shall also take
ossession of all personal property per-A
dining to such business feund on such t
remises. The finding ot such intoxi
iting liquors on such premises, with
itisfactory evidence that the same
'as being disposed of contrary to this i
et, shall be prima facie evidence of
me nuisance cemplained of. Liquors
ized as hereinbefore provided, and
me vessels containing them, shall not r
taken from the custody of the offBcer
possession of the same by any writ in
replevin or other process while the
oceedings herein providedi are pend
g; and final judgment i such pro- Is
edings in favor of the plantiff shall,
all cases, be abar to all sutsagaint a
ch officer or officers for recovery of w~
iy liquors seized or the value of the to
me, or for damages alleged to arise hi
reason of the seizure and detention G
ereof. Any person violating the Th
rms of any injunction granted in pol
ch proceedings shall be punished 0
contempt, for the first offence, by a all
e of not less thari two hundred dol- eni
s nor more than one thousand dol- pa'
s, and by impriso ment in the coun- a
jail not less than nincty daa nor blc
tre than one year. n eae jndg
>f ment be rendered in favor of plaint
>r in any action brought under the p
d visions of this section, the Court
>t Judge rendering the same shall aI
n render judgment for a reasonable s
torney's fee in such action In favor
the plaintiff, and against the defen
ants therein, which attorney's f
shall be taxed and collected as t
r other costs therein, and when collectE
paid to the attorne or attorneys ofti
pn P I mr' -. rovi
D attorney be the State's attorn
or solicitor, such attorney's :
shall be paid into the county treasui
In contempt proceedings-arising c
of the violations of any injuncti
granted under the provisions of tb
Act, the Court, or, in vacation, t
Judge thereof, shall have the power
try summarily and punish the par
' or parties guilty, as required by la
The affidavits upon which the attac
ment for contempt issues shall make
prima facie case for the State.' T
accused may plead in the same ma
ner as to an indictment in so far as tl
same Is applicable. Evidence may I
oral, or in the form of affidavits, .
both; the defendant may be require
to make answers to interrogatorle
either written or oral, as in the disera
tion of the Court or Judge may seen
proper; the defendant shall not neces
sarily be discharged upon his denial a
the facts stated in the moving papers
The Clerk of the Court shall, upon th
application of either party, issue sub
paenas for witnesses, and except a
above set forth the practice in suc]
.contempt proceedings shall conform a
nearly as may to the practice -in th
Court of Common Pleas.
LIKEWISE BOUNCEnS.
Section 24. It shall be the duty o
the sheriffk, deputy sheriffs, or consta
bles having notice of the violation o
any of the provisions of this Act to no
tif~y-the circuit solicitor of the factoa
ench 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 Ave hundred dollars; and such
conviction shall be a forfeiture of the
office held by such person; and the
Court before whom such conviction is
had shall, in addition to the imposi
tion of the fine aforesaid, order and ad
judge the forfeiture of his said office.
GOOD-BYE, OLD BOURBON.
Section 25. No person shall know
ingly bring into this Itate,-or knowing
ly transport from place to place within
this State, by wagon, cart or other ve
hicle, or by any other means or mede
of. carriage, any intoxicating liquors
with the intent to sell the same in this
State in violation of law, or with intent
that the same shall be sold by any
other person or to aid any other person
in such sale, under a penalty of five
hundred dollars, and costs for each of
fence, and In addition thereto shall be
Imprisoned In the county fail for one
year. In default of payment of said
fine and costs the party shall suftr1U
idditional imprisonment of one year.
Any -agent, servant or employee of any
railroad corporation, or of any express
:ompany, or of any persons, corpora
tions or associations doing business in
this State as common carriers, who
shall remove any intoxicating liquors
'rom any railroad car, vessel or other
rehicle of transportation, at any place
ther than the usual and established
itations, wharves, depots or places of
>usiness of such common carriers with
n some incorporated city or town,
rhere there Is a dispensary, or who
hall aid in or consent to such removal,
hall be subject to a penalty of fifty dol
ars and imprisonment for thirty days
or every such offence: Provided, that
aid penalty shall not apply to any
Iquor in transit when changed from
ar to car to facilitate transportation.
Lii such liquors Intended for unlawful
sie In this State may be seized in tran
It and proceeded against as if It were
nlawfully kept and deposited in any
lace. And any steamboat, sailing yes
el, railroad or express company, or
ther corporation, knowingly trans
orting or bringing such liquors into
ie State, shall be punished upon con
iction by a fine of five hundred dol
trs and costs for each offence. Knoerl
Ige on the part of any authorized
gent of such company shall be deemed
nowledge of the company.
Section 26. The Governor shall have
ithority to appoint one or more State
>nstables at a salary of $2-per day and 4
Epenses when on duty to see that this
et is enforced, the same to be charged
the expense account of the State
mmissioners.
Section 27. No law now in effect pro
biting the sale of intoxicating liquors
any counties or towns of this btate 's
repealed by this Act.
Section 28. All Acts and parts of Actst
consistent with this i~t are hereby I
pealed
rhbe new law will no doubt be tested r
the Supreme Court. e
Beal Kerit
the characteristic of Hood's Sarsa- a
Fills, and it is manifested ever day d
the remarkable cures this meifine p
a botle 's Sarsparil
a new customer we are sure to see
a back in a few weeks after more,
>roving that the good results from a P
:l bottle warrant continuing Its use.p
is positive merit Hood's8Sarsaparilla
msses by virtne of the Peculiar y
mnbination, Proportion and -ProcessT
dl 'n its preparation, and by which
the remedial value of the ingredi
a used is retained. Hood's Earsa
-lila i thus Pesnlfar to Itself and
olutely unequalled In its power as ae
od purifier, and seatonIc for build- tb
pthe weak and weamy,andgnivig ent
ngh
FI E- AT C-O MIL
or Three stores 'Burned Insaraap
S B toiu gs steks
of Spcaltxe Satej
d. Caos. 0I D,cty -
broke out In the store of
Swain & Co. last gh a
which quickly -conumed the
1e and" its entir contents:;Cns
gro ceries, forty barrels of
ey -da
e Geo. B. Anderson's and
y on each side of MSw a!s
ut were consumed, but:most.of
>n were saved -being carred
Is was accidental. No.iac&aa
ze on any of the tores r
to the heroie efforf of the cis =
y other houses would have e '
. The' cotton on the depol _5.
i- caught several times.
a +
ip -UP JUDEP TOWN Ag
eo The. First Ees=It oeh St . t V
l'"Lw in-Caesl.
r- -
d [Special to Th tate3
! CAMDEN, 8. 0. Dec.7
. Penary bill has been -the
Camden's city fathers L
of 8 mills for 1893, as
f revenaehad beenderived t
10licenses
e Notwithstanding this
the Legislature, at least onea
a Camden will be run the entre -er;
1 The constituionaliq of tei
is thought, besucessfuly
& Hall's Hair Renewer ;ti
natural food and color-matter_ .
hair, and mdiclinalberbsf
f urig grayness, baldness,; %
and scalp seres.
THE s BaLEBa30X
W. C. T. U. satied-Cha e
. ight it. -
ISpecial to The State.)
CSA r.rSTON, December .2't--l :
8. F. Chapin said in an-inter inr
day that the W.:C. T. .U a
ttesieed with the State
it was not exactly what theaytwa
but it would do.
There is no doubt no tha the
tire businesomnityof
will fight. the law .through all' th
courts when the tim come
Colds, coughs, bron
throat and- lung diseases are
treated with Ayer
To neglect the use of
for these alments to is ndise e z
saumption, which is cae4x 4.e
the- mortai tyin all J ivindo i.
WEIL GOES TO TUE WALL .
Fanare of Largeot0"C.
[Specil to The State..
'GREENvirr, De.2f.-Isase~j-?
for.manyyar a large clothing -eli
of this city, to-day assignedto
Bosenthalfor the beneHt of lisedl.
tors. A meeting of creditors wlg
eld Jan. 4. -'Thes liabIitIes ar
sufficient to pay fifty
lar. The largest creditor is the lIf~
Strauss Bros., of Baltimore, abo
BY NIS OWNTrg~
Mayer Ficken of Charleston Rednes s' *-n
saiary. --
[Specal~T to The State.]
CzAarsToN Dec 2/.----Aanmet
ing of the city concil to-nighthere4
was a lively discussion over the bill
offered by Mayor Ficken reducing'his.
own say $500. It was:finoalli passed
by the slight majority of one,'the vote
of the mayor himself.
CHICAGo, December 27.--At a meet-.
ng to-day ofthe Board o Tsee of
the University of Chicago a letter was
read from John D. Roekefeller, which
made the annoucement that he gives
mnother $1,000,000 to the universIty.
This makes a .total sum of PAO,60 0
which has been givea to this lnstitu
tion by Mr. Rockefeller.
Wim the C., C.-aa A. Shops Go to Ca
lette?
[Charlotte Observer.
Postal Cletk 3. W. Gordon, wh
awe in off his run to Augusta las
ight, reports that the railroad.men at
Ioumbia are full of talk about the re
noval of the shops of the Charlotte,
jolumbia and Augusta railroad fron
hat city to Charlotte.' The -railroad
~eople are filled with ind2ignation' n
ecount -of the passage by the South
'arohina Legislature of the raifroad'
coercion bill," and the removal of
bops from the State is discussed as a
et of retaliation.
Certainly Charlotte would 'i o
dese shops, and the railroad men ed
ot be told thatin Norh CaroHna 'we
ave a legislature-and a~ralroad comn.
nission which, while .seeingiithat the
gbts of the pbile are proteeare
lually regarafat of the~rightsii the
silroads.
Editor Davis .of Philadelhia, who
scompanied Mr. Clevean.on the
uck shooting trip, says that the
resident-elect tiredthemaHlouttramp
g. _ _ _
-rhe 's-n iaa
Iblished on behalf of Hood' Sars
Lrilla are. as reliable and sorthy
>ur confidence, as If they:cam.lr6mim
iur beet and most trustedneighiboW -C -
iey state only th.elmple facts anen
rd to what -Hood's Ra ng-m
ne, alwa.ys within truth ard rea o.
Dnst -io ad allI~ b& i~