Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1864-04-23
A PRO0LAHkTH0E
10 az Cad AID MSsasEy 06<sss og tie State Of


GsogFta:
The laws Of thls State make It an onsnss pznIshabls
by fine and imprisonment, the former not 70 sxcssd
5000 and the latter not 70 extend bsyoadtvelvs
months, for any person Whistler q contractor under the
Confederate Government. or other person, to maks e.
csuse to be made, within this State, any whisky, al.
cohol, or other p~pirituoas or malt liquors. from the M.
tIcies Of corn wheat, rye, barley. oats, mIllst, rice, or
other grain, or from the articles Of sugar, nolssses,
syrup. sugar cane, honey. sweet potatoes, pumpkins,
peas, Irish potatoes or dried fruit, in any form or CON
disiOn Of said articles or from any mixture thereof
without a Bcsnss from the Governor Of this Stats.
The statute also declares every stu 80 run Illegally to
Be . public nuisance and provides how il Ehall be aba
ted. And mskssIt the duty of tie public ofaesrn Of thEs
state and especially the ShsriRs and their deputies, Jns.
toos Of the Interior Courts and justices Of the Peace
and each Grand Juror, to give informasiOn Of, and prs-
sent all persons who may violate the p~rovizons Of the act.
And 1t Is also made the duty Of The JEEtiess of the Peace
and the Justicss Of the Iafsrlor Courts to diligently In
qure about every such stli IS may be either publicly
or elandessinely run in his dhtriet or county. and upon
the proper evidence being before hin either that the stu
or stills are run illegally or that unlawful sales Of spirits
are made. from the proceeds Of such stills by the owner
Of such stills, or bis ageas, to issue his warrant against
the party or parties and he stIIl or stills which shall be
delivered 70 the Sheriff Of the county who shall arrest the
party and seize the stil.
The law also requires each licensed dEstIIler before
he obtains license to As bis written andsvIt Ia the
executive Office, In which be shall swear that he viii
not make, or cause 10 be made. mora whisky or other
sPlrituOus liquors. out Of the articles mentioned In the
stAtute, than the number Of gallons specified In aaid Il
eense, and declares that any person violating Haid oath
shall be guilty Of false swearing. Which oath in VII.
ting has been taken and Rled IN As Executive ofaee In
II
Law also declares that Il any person or psr.ons shall re-
fnss to permit his, her or their dIahllsry or d~istllerlss
to be visited and inspected, such refusal shall be held
and construed as prims facls evidence Of a violation Of
the act This refusal Is therefore sufficient evidsnse up
on which 70 convict the party, unless he proves that be
hes not been entity Of violating the law, az Is casts upon
him the burden of proof
The statute also declares that every days, or part Of
a dsy's, distillAtsn, contrary to the provisions Of this
set, shall be deemed q separate and distinct efsnss.
The party d~istIIing Illegally should, ~thsrefsrs, be In.
dietsd separately for each day, or part Of q day, be has
run his still Illegally, and Il is thu duty Of pubno officers
to see that such Indictments are begun and prosecuted
against all such offenders.
II the stills are now running, each public officer
should Inquire into #, and II the party has not a license
from the Governor he should sue ont q warrant before .
justice OF the peace, or the inferior court, or other Judi
ctal omceTs Tor eecn Gay tne sbu naa run, - No NouAo
sue out = warrant for robbery, theft, or other crime, and
upon the production Of satisfactory evidence. Of prOba-
bic cause Of guilt, the justice should bind over the Of
fender IN suficisnt bond, for hs appearances at the mex.
superior court, and on failure to give the bond, shouid
commit him to jail to await his trial, or trials, a. the case
may be.
The statute declares further that, "For non-oompt-
Anes With the provisions Of shlH act each ofaser failing
promptly and fully to do his duty shall be guilty Of NAL
prsctics in office, and It shall be the dnty Of the grand
jury TO make prssentments thereof"
Now, notwithstanding thess stringent provisions Of
the law, / have reason to bsIleEs that avaricIous per-
cons. who regard not the cries Of women and children
for bread II they can make money by converting It into
whisky, are constantly violating this Law, and that on
cars are n-sgssoHng their duty and falling to Suppress
the mischief And IFegrst also to learn that oOnfeds
rate officers, claiming tbs right to convert the tIshs corn
Of the government into whisky, in defiance OF the penal
laws Of the Stats, and after It has bssn- eOnsumsd to
Impress in Its place, for the us Of tbs army, cCrn be-
longing to citizens, which Is Indispensable TO saws me
poor hrOand them from starvation, have made extern
sivs contracts with persons in parts Of the State where
there is crest scarcity of srsias 20 have large quantities
Of corn distilled, without license, ssrSsing ts pay the
distiller a bushel Of corn for 4 gallon, OF In some cases
for i've quarts, Of whisky, allowing him TIE balance of
least halt the Whisky which the corn gould make, for
distillInE IL. which ls equivalent to paying about nffy
dollars per bushel 10 the government contractor for dis
filling government corn, while Il eonIumsa twice a.
much Of the bread Of the country a. is necessary to
make the whisky actually rscsiVed by the government.
This is not only 10 wiIlful disregard and gross violation
of the penal laws Of this State. but Is grlsyOus wrong
against society, and especially against the poor, who
are suffering for bread.
The whisky needed by the government should b
made at places remote from railroads or n~avigsble
streams. where grain is most plentiful. An this can be
properly regulated, under the license of the Governor,
In conformity to the ItAtates OF The State.
1 do therefore, in eOpsiderstiOn Of the violations Of the
law above enumerated, find Ofths grsetscarciiy Of provs
which IN some parts of the State, seems to threaten
he families Of cur brave defender with much suffer
ns, while their protectors are absent, issue this my pro.
si5ctly ~enieining upon, and requiring each
md every officer in this State, both civil Hzd military,
70 be active and vigilSus in tho suppression OF illegal
All justices Of the peace, csnstsbleG and
niita officers. are Eequirsdto make dHIgent enquiry,
4 their respective districts, and Il they have reason to
Inspect that any person Is distiling Illegally, they are
required frequently to visit his premises, and examine
Ill they ars satisfied WHISTLER iii 30 or not, and n tie
Wner Of the premises refuses to permit them to be Vis-
ted, that the examination may be made, they will at
nee make the necessary oath, a1d obtaiz 4 warrant
rom Judicial officer against such person who Is by !
su In that case declared 10 DO "prlms facIen guilty, and :
'nl have him tried and bound over to the next superior
ourt, from day to day 90 long a. he refuses 20 permit '
be examination to be made. And they are furthermore
equIrsd to demand Of each person. who may be found :
lstilling IN their respective districts, an Inspection Of !
is licsnSs from the Governor. which all who have L. :
ense are hereby required TO sEhiblt, and II any one :
sunot produce such license, they will at once ~inrstale .
be proper proceedings to have the still sbated, az a :
uble nuisance, and viii sue out a warrant against such y
srsoafor each day said stul has been running illegally. 9
I'D have him bound over for his appearance at the 81.
erior court.
l also require, in csss they can obtain satisfactory Il
violence, that any licensed dis iIer has sold G~pirituous 4
quors from his dishllery, BY himself or his asenL or "
a. msde more than the quantity for which he a. Il. n
ensed, or delivered 1t TO any person other than the #
istiees OF the Inferior court or their scent, Il It be a r,
ounty contract or the Goyernneut agent, Il he has a Ii
eense un0er a Government contract, to indict every
leh licensed distilier for illegal datilIaiion and also B
false swearing, When the indictment Is for false t
the original sfRdsvit Of the party will Be th
Finished from this office as evidence, whom required 81
, the court. w
And all county officers are in ike manner rsquired VI
be active and viSilani. in thsir respective eounti,A AZ Sci
case Of district officers, above msntionsd. And all III
ds-camp, and all other officers of every class. civil err
"a military, are expected to see that no Illegal dlstH. MI
hon Is permitted to go unpuRisLgl within their. re- or
'ecttve limits or jurisdictions. And IL matters not st
der what pretext such persons are dIstlilnT, n they
We not . license from fe Governor. az the law re. ro
urea their d~isthlsHss viii be sbated, and they In, "a
sted, IS above directed. rfI
II all the officers Of this State will discharge their of
" faithfully and promptly, an ssti,asd that illegal de-
nilAsion can be suppressed; and a. 4 do not c~Onstrus ho
8 resolution Of the General Assembly of this state cit
mean that shall protect from cOnseriptlon officers raj
10 wilfully neglect or refgss to do their du,v. or Sbo an
cniltr Of malnr.nL.a Z h...h-- -