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April 17, 1920

Mr. P. A. Hoyle,
Casar, N.C.

Dear Sir:-

Your letter of April 13 to Governor Bickett has been referred to this office for reply.

It seems that you are unfortunately situated with reference to blockaders in Rutherford and Burke counties. There is no law, however, which permits you, an officer of Cleveland County, to cross the line of either Burke or Rutherford county to break up a blockading still. There is no statute which permits the Governor to give you this authority.

Located as you are, however, in a corner of Cleveland County, it would be entirely legal for you to get the sheriff of Rutherford or Burke or the sheriffs of both to appoint you a deputy in his or their counties. A deputy sheriff is not a public officer and consequently you would not have to be a voter in either Burke or Rutherford county to become a deputy of the sheriff of those counties. We think any one of these sheriffs would have legal authority to appoint you a special deputy for the purpose of breaking up these stills without giving you any other authority within his county.

Yours very truly,

Attorney General.