Outdated laws in 'no man's land'

S.C. legislators have little time for repeals

S.C. legislators have little time for repeals

COLUMBIA — Attention all widows of Confederate soldiers! You may be eligible for a state pension.

To qualify for the $160 a year you're entitled to, you must have been married before Dec. 31, 1920, and for at least 10 years before the soldier's death, and have proof that you were a faithful wife.

You'd also have to be somewhere around 120, give or take a decade. Nevertheless, South Carolina still has a law on the books that guarantees the money. It's among dozens of outdated, sometimes outrageous, laws the Legislature's never repealed.

"They are laws that long outlived their usefulness," said Senate President Pro Tem Glenn McConnell. "They slipped through the cracks. People have just forgotten about them, and they're out there in no man's land. But you can't take them off the books unless the General Assembly removes them."

Lawmakers are in session just six months a year, and downtime for debating a law that's no longer enforced is scarce, said McConnell, R-Charleston.

Lawyers would be hard-pressed to find the last time a railroad company was held liable for damages caused by a spooked horse or little Romeo was charged with seducing an unmarried woman with the promise of marriage.

Or finding someone younger than 18 who was charged with the crime of playing a pinball machine — how about just finding a working pinball machine?

Sydney Beckman, an assistant professor at the Charleston School of Law, said old, outdated laws are common across the country. His students come across them pretty often while poring through the thousands of pages in the 44 volumes of South Carolina law.

There's no shortage of outrageous laws featured in books, board games and Web sites. (Check out http://dumblaws.com, but don't believe everything you read.)

Some laws date back to when slavery was legal, Beckman said. Many have a gender bias, which the courts interpreted with a post-suffrage eye, he said.

Still, every now and then, a case will rise based on an old or obscure law, which supports the argument that the code should be updated, Beckman said. But who wants to be the lawmaker who suggests the crime of adultery be removed?

McConnell said from time to time, the Legislature has cleaned up certain parts of the law, but typically a lawmaker has to raise the issue. For example, McConnell and others, including Rep. Wallace Scarborough, R-Charleston, are burned up about a law that makes it a crime to play certain games for charity and even at your own kitchen table.

"Essentially what it is doing is outlawing Monopoly," McConnell said. That one should be off the books soon.

And if you want to stay on the right side of the law, here are some things to keep in mind:

--Don't mess with a horse's teeth. Anyone who tries to file down or drill a horse's teeth for a younger-looking smile faces 30 days in jail and a $100 fine.

--Fortune tellers better be telling the truth. Just kidding. All they need is a $100 license.

--Don't borrow a horse without asking first (even if you're not trying to steal it).

--Public ferries, unless they are operated by steam, can charge no more than 5 cents per passenger.

--Unless they have express permission, traveling tradesmen cannot sell merchandise within a half-mile of a religious campground while churchgoers are meeting.

Oh, and nomads better just forget about it. Don't bother peddling horses, mules or any other animal 'round these parts without a license.

It is also illegal to duel. Do not challenge a fight with a sword, pistol or any other deadly weapon. Accepting the challenge also is illegal. Elected officials caught dueling will lose office.

Reach Yvonne Wenger at 803-799-9051 or ywenger@ postandcourier.com.