The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-26
ec OF the revenue troubles and to endeavor 10 In
ausurate better state OF affairs in their midst

ACTION OF THE FEDERAL AUTHoRIrIEs-ES-
FoRCrMENT OF TIE INTERNAL REVENUE
LAws-ISDIcrMENT OF FouE MEN cHARGED
WITH MURDER.
WASHINGTON July 25 1873
dispute as old as the days OF Webster and Hayne,
II not the government ITSELF has broken out afrcsh
between the United States aud the local authorities 10
the State of South Carolina In tsis instance, as
when Webster and Hayno had their contention IN tho
United States Senate the question the right
OF the federal government to enforce the provisions
OF the Revised Statutes the difference being that in
ihe4ormer instance the matters In dispute were the
non-intercourse laws, which New England resisted
unconstitutional, and which were carried up 70 tho
United States Supreme Court for affirmation while
the quarrel is over the enforcement ofhe internal
revenue laws This quarrel originated as follows-n
the early part OF June Deputy United States Marshal
attended by three deputy revenue collectors, went
as posse into Pckens county S. c., to arrest a
who accused OF illicity distilling wnskey. ons
OF his hands, u man named Amos Laid, came TO the
assistance OF his employer with rife, and, as is al
leeed had attempted TO use II when his purpose was
intercepted and he killed by ofthe posse For
this homicide The four were indicted charge
OF murder. Fearing tho Generalization OF the
revenue service which would ensue their
court, Commissioner Raum instructed the ncgboor-
ing United States District Attorney 10 apply to the
Judge OF the State Court ander section CAB OF Tho Re-
vsed Statutes for removal OF the case to the United
States Circuit Court The judge, who happens to BIO
General Kcrshaw, commander OF the famous rebel
brigade, took the application under and
rendered recently lengthy decision 10 the effect that
the United states law allowing the transfer had been
enacted in time Of great excitement and Is uncon-
sttutional, and that the four revenue officers
so behaved themselves In their approach to their
intended prisoner to induce unusual and vio-
lent resistance the part of tho deceased thoy
acting within the color of Their duty tho
became at common law. He refused, therefore,
ton OF the State court. The United States author
ties have been council as TO what is best to be
Section CAB allows tho indicted 10 DO brousb bit
before the United States Circuit Court habeas
corpus and Commissioner Raum in favor OF
this method Of dealing with tho difficulty. another
remedy IS to appeal from Judge Kershaw
10 the South Carolina Supreme Bench, which would
be tedious way and great hardship to tho
indicted men who remain II jail, Judge Kershaw re-
| iusing bail for them. The former plan would make
an is ue at once between the Federal and the State
authorities. and bring about speedy decision. No.
| tice OF appeal from Juago Kershaw's decision has
been Ned matter OF expediency by Mr.. Earl the
counsel engaged 10 assist the United States District
| Attorney in the management OF the case. Mr.. Earl
Is coming to Washington. and when he gets here the
subject will DO officially considered by tho President
| and tho Cabinet.