OCR Interpretation

The watchman and southron. (Sumter, S.C.) 1881-1930, January 10, 1894, Image 1

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TajtWMTXS WATOHBUI, *?t?bt??hed April, 18c O.
"Be Jast and Fear not-Let all the Ends thon Aims't at, be thy Country's, thy God's and Truth's.'
THE TRUE SOUTHRON, Established Jone, 1366.
Coasorioated Aug. 2,1881.
New Series-Toi. X1H. No. 24.
Palliate* Srery Wednesday,
IST. Gk Osteen.
Two Dollars per annum-io advance.
Ooo Square first i n3ert ion..................$1 OO
Every subsequent insertion ?....50
Contracts for three months, or longer will
be made at reduced; rates.
All communications which subserve private
interests will be charged for as advertisements.
Obituaries and tributes of respect will be
charged for.
mee mus, CORN MILLS,
boy a single machine, that will clean, boll
and polish rice ready for market for $350.
Cora milters caa boy. best FRENCH BURR
MILL, in iron frame, folly guaranteed-ca?
pacity ten bushels meal per hour for $115.
Saw millers can buy best variable friction
FEED MILL from $190 np to the largest
six?, also Gang Rip Saws, Edgers* Swing
Saws, Planiag Machines and ali other Wood
Working Machinery. Also
Talbots Ssglnes aad Boilers.
Special discounts, made to cash purchasers
Can meet any competition, quality considered
? Apr 19-o COLUMBIA, S. C.
Transacts a general Banking business
Also has
Jfcpot?ta^i&OO ?rd ipvrards received.
Interest calculated at th? rate of 4 per cent,
per annum, payable" quarterly.
W. F. RHAJTJB, President. ' '
. Cashier.
TOR!', SUMTXti, S. C.
Paid np Capital.$75,000 00
Surplus Fond : . . .. . . 11,500 00
Liabilities of Stockholders to
depositors aoocordiog to the
law governing* ?^tional^iriks,
in excess of their stock . . $75,000 00
Transacts a General Banking Business. ?
Careful attention gi vea to collections.
wS??f?mi?t? $kmm? nnwar?> reived. In?
terest allowed -at the rate of 4 per cent, per
annum. Payable quarterly, on first days of
Aug 7._Cashier. _
Insurance Company,
Take your Accident Policy in the
Insure against Piro in
TRADERS of N. 0.
All First Clan and represented by
Fire Insurance Agency,
Represent, among other Companies :
HOME, of New York.
Capital represented $75,000,000.
Feb. 12
tbs public generally that my Saw Mill
located on the C. S. k N. R. R, just back of
my residence, is now in full operation, and I
am prepared to furnish all grades of Yellow
Pine Lumber from unbled timber, at prices
according to grades.
Yard accessible on North side of residence.
Feb 18.
The New Dispensary Law.
An Act to declare tbe Law in R?f?r?
ence to and Further Regulate the
Use, Sale. Consumption,. Trans?
portation and Disposition of Alco?
holic Liquids or Liquors Within
the State of South Carolina, and to
Police the Same.
Section 1. Be it enacted by the
Senate and House of Representatives
of the State of Sooth Carolina, now
met and bitting io General Assembly,
and by the authority of the same :
That the manufacture, sale, barter or
exchange, receipt, acceptance, deliv?
ery, storing and keeping in posses?
sion, within in this State, of any
spirituous, malt, vinous, fermented,
brewed (whether lager or rice beer)
or other liquors or aoy compound or
mixtnre thereof by whatever name
called or known, which contains
alcohol and is used as a beverage by
aoy person, firm or corporation ; the
transportation, removal, the taking
from the depot or other place by
consignee or other person or the
payment of freight or express
or other charges by any per?
son, firm, association pr corporation
upon any spirituous, malt, vinous, fer?
mented, brewed whether lager,
rice or other beer) or other
liquor or any compound mix?
ture thereof, by whatever name
called or known, which con?
tains alcohol and is used as a bever?
age, except as is hereafter provided,
is hereby prohibited under a penalty
of thirty days imprisonment or one
hooded dollars fine for each offense.
All such liquors, except when bougbt
from a State officer authorized to sell
the same or in possession of one, are
declared to be contraband and against
the ra o ral s, good health and safety of
the State, and may be seized wher?
ever found without warrant and
turned over, to the State Commis?
Sec. 2 The Governor, the Attor?
ney General and the Comptroller
General shall, ex officio, constitute a
State Board of Control to carry out
the provisions of this Act.
Sec. 3. That the Governor shall, at
the expiration of the term of the pre?
sent Commissioner, and at the expira?
tion of every two years thereafter,
appoiot a Commissioner, which ap?
pointment shall be submitted to the
Senate at its next session for its ap?
proval ; said Commissioner shalt be
believed by the governor to be an ab?
stainer from intoxicants, and shall, nu?
der such rules and regulations, as may
be made by the State Board of Control,
purchase all intoxicating liquors for
lawful sale in this State, and furnish
the same to such persons as may be
designated as Dispensers thereof, to
be sold as hereafter prescribed in
this Act. Said Commissioner shall
reside, and have his place of business,
in the city of Columbia, in this State,
and hold his office two years from
appointment and outil another be
appointed in his stead. He shall be
subject to removal for cause by the
State Board of Control. He shall
qualify and be commissioned the
same as other State officers, and re?
ceive an annual salary cf $3,000 pay?
able at the same time and in the same
manner as is provided for the pay?
ment of the salaries of State officers.
He shall be allowed a bookkeeper,
who shall be paid io the same man?
ner a salary of $1.200, and such other
astistants as in the opinion of the
Board of Control may be deemed
necessary. He shall not sell to the
County Dispensers aoy intoxicating
or fermented liquors, except such as
have been tested by the chemist of
the Sooth Carolina College and de?
clared to be pore : Provided, That
said State Board of Control shall
have authority to appoint such assis?
tants as they may find necessary to
assist the Sooth Carolina College in
making the analyses required by this
Act, and the said Board of Control
may. fix such reasonable compensa?
tion, if any, as they deem proper for
the services rendered by such chemist
or such assistants. The State Com?
missioner shall deposit all amounts
received by him from sales to County
Dispensers or others with the Treas?
urer of the State under such rules as
may be made by the State Board of
Control to insure the faithful return of
the same, and the State Treasurer shall
keep a separate account with said
fund from which the Commissioner
shall draw from time to time, upon war?
rants duly approved by the chairman
of said Board, the amounts necessary
to pay the expenses incurred in con?
ducting the business. All rules and
regulations governing said Commis?
sioner in the purchase of intoxicating
liquors, or in the performance of any
of the duties of his office where the
same are not provided for by law,
shall be prescribed by the State Board
of Control. He shall, before enter?
ing upon the duties of his office
execute a bond to the State Treasurer,
with sufficient sureties, to be ap?
proved by the Attorney General,
in the penal sum of ten thousand dol?
lars ($10,000) for the faithful perfor?
mance of the duties of his office. In
all purchases or sales of inxloxica
ting liquors by said Commissioner as
contemplated in this Act, the Coi
missioner shall cause a certificate to t
attached to each and every packa?
containing said liquors when the san:
is shipped to him from the place ?
parchase, or by bim to the Count
Dispensers, certified by his offici;
signature and seal, which certifica!
shall state that liquors contained i
said'package have been purchased b
him for sale within the State of Soot
Carolina, or to be shipped oat of tb
State onder the laws of said State
and without such certificate any pacl
age containing liquors which shall b
shipped out of the State or shippe
from place to place within the Stat*
or delivered to the consignee by au
railroad, express company or otu?
common carrier, or be found in th
possession of any common carrie)
shall be regarded as contraband an
may be seized without warrant fe
confiscation, and such common cai
Her shall be liable to a penalty c
five hundred dollars for each offense
to be recovered against said com mo
carrier in any court of competen
jurisdiction by summon and. con
plaint, proceedings to be institute
by the Solicitor of any circuit wit
whom evidence may be lodged by an;
officer or citizen having knowledge o
information of the violation aod an;
person attaching or using such cei
tificate, without the authority of tb
Commissioner, or any coooterfei
certificate for the parp?se of secoi
ing the transportation of any intoxica!
ing liquors out of or within this Stat
in violation of law, shall upon con
viction thereof be punished by a fin
of not less than five hundred dollar
and imprisonment in the Penitentiary
for oot less thao one year for ead
Sec. 4. Said Commissioner sha]
make a printed, quarterly statement
ander oath, of all liquors sold by him
enumerating the different kinds ant
quantity of each kind, the price pai<
aod the terms of paymeot aod t<
whom sold. Also the names of th<
parties from whom the liquor wai
purchased, aod their place of bosi
cess and dates of parchase, whici
statement shall be filed with t h Statt
Board of Control.
Sec 5. The State Commissionei
shall before shipping aoy liquors tc
Dispensers, except lager beer, cause
the same to be pot into packages ol
not less than one-half pint nor more
than five gallons, and securely sea
the same, and it shall be unlawful foi
the Dispenser to break any such pack
age or open the same for any reasor
whatever. He shall sell by the pack
age only, and no person shall o per
the same on the premises, Provided;
This section shall not apply to mall
liquors shipped in cases, or bottler
thereof shipped in barrels, and.sud:
malt liquors may be sold by thc
County Dispenser in such quantities
of not less than one pint as he maj
see proper. Provided, The same
shall not be drunk on the premises.
Dispensers shall open their places ol
business and sell only in day time.,
under such rules as may be made by
the State Board of Control.
Sec. 6. It shall be the duty of the
State Board of Control tu appoint a
County Board of Control, composed
of three persons believed by said
Board not to be addicted to the use
of intoxicating liquors, who shall hold
their office for a term of two years,
and until their successors are
appointed. Said County Board ol
Control shall be subject to removal
for cause by the State Board of Con?
trol. 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 before adop?
tion Said County Board of Control
shatl qualify and be commissioned as
are other county officers, without fees
Sec 7. Applications for position of
County Dispenser shall be by peti?
tion, signed and sworn to by the
applicant and filed with the County
Board of Control at least ten days
before the meeting at which the
application is to be considered, which
petition shall state the applicant's
name, place of residence, in what
business engaged, and in what busi?
ness he has engaged in two years
previous to filing petition ; that he is
a citizen o? the United States and
South Carolina ; that he has never
been adjudged guilty of violating the
law relating to intoxicating liquors,
and is not a keeper of a restaurant
or public amusement, and that he is
not addicted to the use of intoxicat
cating liquors as a beverage. This
permit or renewal thereof shall issue
only on condition that the applicant
shall execute to the County Treasurer
a bond in the penal sum of $300,
with good and sufficient Bureties,
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
all fiues, penalties, damages and costs
that may be assessed or recorded
against him for violation of such laws
during the term of which said permit
or renewal is granted, and will r.
sell intoxicating liquors under 1
permit at a price other than tl
fixed by State Board of Con tr?
Said bonds shall be for the use of t
I county or any person or persons, w
mey be damaged or injured by n
son of any violation on the part of t
obligor of the law relating to in toxic
ting liquors purchased or sold durii
the term for which said permit or ti
renewal thereof is granted. The sa
bond shall be desposited with tl
County Treasurer, and suit there?
shall be brought at any time by tl
Solicitor or any person for who
benefit the same is given ; and in cai
the conditions thereof, or any of tbei
shall be violated, the principal ai
sureties thereon shall also be joint
and severally liable for all cn
damages, costs and judgments th
may be obtained against the princip
any civil action brought by wif
child, parent, guardian, employer i
other person, under the provision
the law. All other moneys collecte
for breaches of such bond shall ?
into the County Treasury. Sai
bond shall be approved by the Counl
Board of Control under the rules an
laws applicable. to the approval <
official bonde.
Sec. 8. There may be one <
more County Dispensers appointe
for each county, the place of bue
ness of each of whom shall fc
designated by the County Board, bi
the State Board must give Gonsei
before more than one Dispel
ser can be appointed in any county
and when the County Board desij
nates a locality for Dispensary, le
days public notice of which shall b
given, it shall be competent for
majority of the voters of the townshi
in which such Dispensary is to b
located to prevent its location in sue
township by signing petitions addresi
ed to the County Board requestin
that no Dispensary be established i
that township, whereupon some othe
place may be designated. (Tb
County Board may in its discreiio
locate a Dispensary elsewhere than i
? an incorporated town, in thc Countie
of Beaufort, and Horry and n
others,) : Provided, however, Tha
any county, town or city wherein th
sale of alcoholic liquors was prohibit
i ed by law prior to July 1st, 1892
may secure the establishment of ?
Dispensary within its borders in th
following manner: Upon petitioi
signed by one-fourth the qualifie
voters of such county, town or cit;
wishing a Dispensary therein, beinj
filed with the County Commissioner
or town or city council, respectively
they shall order an election submit
ting the question of Dispensary or n<
Dispensary to the qualified voters o
such county, town or city, and shal
prescribe the rules, regulations
returns, ballots and notice of sue!
election and shall declare the result
and if a majority of the ballots eas
he found and declared to be for. ?
Dispensary, then a Dispensary ma]
be established in said county, towi
or city ; Provided, That Dispensariei
may be established in the Counties o
Williamsburg and Marion wi thou
such election, in compliance with the
other requirements of this Act : Pro
vided, That nothing in this Ac
contained shall be so construed as tc
prohibit persons resident in counties
which shall elect to have no Dispen
sary from procuring liquors fron
Dispensaries in other counties, ot
County Dispensers from shipping
same to their places of residence
under proper labels or certificates.
Sec. 9. If the application for the
position of Dispenser be granted it
shall not issue until the applicant
shall make and subscribe an oath,
before some officer authorized by law
to administer oaths, which shall be
endorsed upon the bond to the effect
and tenor following : " I,-,
do 8olemly swear (or affirm) that I
will well and truly perform all and
singular the conditions of the within
boud, and keep and perform the
trusts confided in me to purchase,
keep and sell, intoxicating liquors.
I will not give or furnish to any per?
son any intoxicating liquors otherwise
than is provided by law, and espe?
cially I will not sell or furnish
intoxicating liquors to any minor,
intoxicated person or persons who
are in the habit of becoming intoxi?
cated, and I will make true, full and
accurate returns to the County Board
of Control the first Monday of each
month of all certificates and requests
made to or received by me, as
required by law, during the preced?
ing month ; and 6uch returns shall
show every sale and delivery of such
liquors made byrne or for me during
the month embraced therein, and the
true signature to every re?
quest received and granted ;
and such returns shall show all
the liquors sold or delivered to
any and every person as return?
ed." Upon taking said oath and
filing 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
building, giving the street and num
ber or location, in wbicb intoxicating
liquors may be sold by virtue of the
same, and the length of time in which
the same shall be in force, which in
no case shall exceed-twelve months.
Fermits granted under this Act shall
be deemed trusts reposed in
the recipients thereof, not as a matter
of right; but of confidence, and may
be revoked upon sufficient showing
by order of the County Board of Con?
trol ; and upon the removal of any
County Dispenser, or upon demand of
the County Board of Control, he shall
immediately turn over to the County
Board 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
employees, who may violate any of
the provisions of this Act. On the
death, resignation or removal of a
County Dispenser, or expiration of
his term of office, the County Board
shall appoint his successor,
Sec. 10. The County Board of
Control shall use as their office the
office of the County Commissioners
of their respective counties, and the
Clerk of the Board of County
Commissioners shall serve as their
clerk. They shall preserve, as part
of the records and files of their
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.
The members of the County Board
of Control shall meet once a month,
or oftener, on the call of the
chairman, and for their services
they shall each receive a per diem
of $2, and 5 cents mileage each
way, and their clerks shall receive
$2 per day for the days actually
employed as such,- but they shall
not receive compensation for more
than thirty days in any one year.
They shall, upon the approval of
the State Board of Control, employ
j such assistants for the County
Dispenser as may be necessary.
The Dispenser and his assistants
shall receive such compensation as
the State Board of Control may
determine. All profits, after paying
all expenses of the County Dispen?
sary, shall be paid one-half to the
County Treasury and one-half to the
municipal corporation in which it
may be located, such settlements to
be made quarterly : Provided, That
if the authorities of any town or
city which in the judgment of the
State Board of Control do not
enforce this law, the State Board
may withhold the part going to
the said town or city and use it to
pay State constables.
Sec. ll. Before selling or
delivering any intoxicating liquors
to any person, a request must be
presented to the County Dispenser,
printed or written in ink, dated of
the true date, stating that he or
she is of age, and the residence of
the signer for whom or whose use
the liquor is required, the quantity
and kind requested, and his or her
true name ;. and the request shall be
signed by the applicant in bis own
true name and signature, attested
by the County Dispenser or his
clerk, ' who receives and files the
request. But the request shall be
refused if. the County Dispenser
filing it personally knows that the
person applying is a minor, that be
is intoxicated or that he is in the
j habit of using intoxicating liquors
to an excess ; or if the applicant is
not BO 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 trust?
worthy person of good character
and habits, known personally to him,
that the applicant is not a minor,
and is not in the habit of using
intoxicating liquors to au excess.
Sec 12 Requests for the pur?
chase of liquor shall be made upon
blanks furnished by the County
Auditor, in packages of 100 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 Auditor by the State
Board of Coutrol, in uniform book?
like bank checks, and the date of
delivery shall be endorsed by the
Highest of all in Leavening Pov
County Auditor on each book, and
receipt taken therefor and preserved
in his office. The Dispenser shall
preserve the application in the
original form and book, except the
filling of the blanks therein, until
returned to the County Auditor.
When return thereof is made the
County Auditor shall endorse thereon
the date of return, and file and
preserve the same to be used in
the quarterly settlements between
such Dispenser and the County
Treasurer. All unused or mutilated
blanks shall be returned or accounted
for before other blanks are issued to
such County Dispenser.
Sec. 13. On or before the tenth
day of each month each Dispenser
shall make full returns to the
County Auditor of all requests filled
by him and his clerks during the
preceding month, upon blanks to
be furnished by the State Board of
Control for that purpose, and
accompany the same with an oath,
duly taken' and subscribed before
the County Auditor or a Notary
Public, which shall be in the
following form, to wit : "I,-,
being duly sworn, state on oath
that the requests for liquors herewith
returned are all that were received
and filled at my place of business
under my permit during the month
of * , 189 ; that I have
carefully preserved the same, and
that they were filled np, 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
required, and that no liquors have
been sold or dispensed under my
permit during said month, except as
shown by the requests herewith
returned, and that 1 have faithfully
observed and complied with the
provisions of my bond and oath
taken by me, thereon endorsed, and
with all the laws relating to my
duties in the premises."
Sec. 14. Upon failure of any
Dispenser to make the returns to
the Auditor as herein required, it
shall be the duty of said Auditor to
report such failure to the State
Board of Control, and the said
State Board of Control shall
immediately order the County
Board to summons said delinquent
dispenser to appear before them and
sbow cause why his permit should
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
permit and give public notice
thereof ; and the Circuit Solicitor
shall proceed to enforce the penalties
prescribed in this Act for such
violation against said County Dispen?
ser at the next succeeding term of
court of the county in which such,
permit is held, and any Dispenser
who shall sell or dispense any
intoxicating liquors after his] permit
shall have been revoked shalt-, upon
conviction thereof, be fined not less
than $500 and be imprisoned for six
If any Dispenser or his clerk shall
purchase any intoxicating liquors
from any other person or persons
except the State Commissioner, or if
he or they, or any person or persons
in his or their employ, or by bis or
their direction, shall sell or offer for
sale any liquors other than such as
have been purchased from the State
Commissioner, or shall adulterate or
cause to be adulterated, any intoxi?
cating, spirituous or malt liquors
which he or they may ? keep for sale
under this Act, by mixing with the
same coloring matter or any drug or
ingredient whatever, or shall mix the
same with other liquors of different
kind or quality, or with water, or
shall sell or expose for sale such
liquors so adulterated, knowing it to
be such, or shall change the label
upon any box, bottle or package, he
or they shall be guilty of a
misdemeanor and be fined in a sum
of not less than $200 or imprison?
ment for not less than six months.
Sec. 15. No person, firm, associa?
tion or corporation shall manufacture
for sale, sell or keep for sale,
exchange, barter, or dispense any
liquors containing alcohol, for any
purpose whatever, otherwise than as
provided in this Act. Dispensers as
herein provided shall alone be author?
ized to sell and dispense such liquors,
and all permits must be procured as
herein provided from the County
Board of Control : Provided, That
the manufacturers of distilled, malt or
vinous liquors, who are doing busi?
ness in the State, shall be allowed to
[Continued on neit page.j
rer.-Latest U. S. Gov't Report
i Pomler
nay POTS

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