Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-23
POWER OF 3 23AURT.
OS
rss CASE OF COLLECTOR ! BEFORE
JUDGE JACKSON
p, ,aaisup, Matter Dismissed With the Payment
y the Costs By the COll,ctor-Ths COur: Scores
@. S. Commits ionsr Mason for His In
s.rusti1ss to His SubOrdluatsS.

s,sis. Ts.eQrGiR 20 the Register.
CHARLESTON, w. VA, May 22.-The
.ar,empt case against Internal Revenue
collector White and his deputy, Robert
smith. was disposed of in the United
states Court this morning by Judge
,.ssor. Both were dismissed upon
.ss payment Of the costs, having al
-.,iv exhibited a willingness to produce
.,. oapers called for by the Court, but
.sr, given very clearly to understand
.,e- benceforth all papers called for by
.ss Court 10 be used rs testimony in any
...s we're TO be forthcoming. When
.t,. ease was called this afternoon, the
-.r- room was filled with interested
.,..-ators, and the most careful atten-
.l,- ,.a, paid throughout. Hon. q. w.
,-e.r,0n, attorney for White, and
S.~.-h presented their answers, which
.....ied an hour aud a half. The ans
y,-, we're very full and comprehensive.
r5 up, in substance as follows: Whive
t-t bsen called on soon after he took
N.lFte TO produce his records, and
Glowing the example Of his predeceS-
.-iii 50. The records were kept over
,rsek. causing him great annoyance,
,ri he wrote TO the Commissioner OF In
,,-ral Revenue TO see if they had TO be
,,yen no when asked for. He replied
,ha- they could not be removed from
.ba once, but said that answers could
b. given 10 the District Attorney
from them in any special
case. In December, 1890, Dis
,rict Attorney StUrgiSS telegraphed
White for the lists OF licensed liquor
dealers. but he refused to let them go.
White telegraphed Commissioner Mason
for Instructions, who replied there was
no such list, except the office record,
which could not be sent from the office,
and which no court could ask for. The
sworn papers from which the record Is
made (called number elevenS') could
be taken to court and questions answer
ed from them. He had sent the number
aievenS." under instructions from Com
missioner Mason, by his deputy, Paxton.
THE latter had been recalled and Smith
.er- He had instructed Smith TO keep
.ba DaDers in the Deputy Collectors vault
bsrs and 10 60 there 10 refer 10 them
for answers 10 any question or the
Caprt. but he disclaimS having ever told
smith not TO take them into court.
a, did however, telegraph him in
.,r-c-i1ns not TO let the "elevenS" go
o.,af his possession. He afterwards
,sa-rlpbed him not TO refuse to take
,hem into court, but that his possession
nr,-bs absOlute. He told him to fol-
0w .ne commissioners instructions.
Again be ,elegraphed Smith that he
understood the instructions TO be that
the papers must not 90 out of their pos
session. that inspection must be done
5y .hJm later; he wired Smith that
che Commissioner now said 10
produce the "elevenSn Let them have
,hem." He said ne had been and was
now willing 20 produce the "elevenS' In
Court.
smiths answer corrobOrated all White
had said He thought he had fairly in
.erpreted the Comm SSiOner'S letter.
District Attorney SturgiSS said this
waS not q new question; it was TO the
interests Of jurtice, TO the law-abiding
citizens as well as to the government in
prosecutions Of violations of law TO
have this evidence, and he had been
forced % take issue with the Commits
>ouar on the question and 20 ask set
dement, of the question in the only
rouna. competent, the Court. II
'le Court had not authority
% compel the production Of evidence
~s are euacting a very solemn farce.
Judge Jackson then spoke as follows
Noon, regrets more than the Court the
eo13'c, that has apparently arisen be-
tween ,te Court and any Of the officers
o.. ,ba United States. Certainly neither
ne Court nor any of its officers sought
.0lact of this character, nor the
.1sulmentality producing it. The
District Attorney, as he had a perfect
right 90 40, under Section 500 Of the
Revised Statutes, applied for subpoena
1lcuS tecum for the purpose Of
securing the evidence in the
possession of the Collector of
,hiS district, 20 be used in
prosecution for violation of the Internal
Revenue laws. The object and purpose
Oh The evidence was TO show when
oarty claimed protection under the
renSe of another, whether the other
had license or not. The Court was
o2>tructed by not getting the evidence
the possession of an officer of the
nted States. 1t was an effort OF a
2ao.ic officer 10 prevent another public
'.Icer from securing evidence. 1t was
ao' the effort of citizen. IL is a simple
Ease. Here comes young man, a rep
sentative of the Revenue Department,
iad when called on To produce his records
as testimony in the case on trial assumes
an attitude of defiance and says he Is
instructed not TO do so. He says his in
'iructiOns are from the Collector, his
'lperlOr officer. The Collector says his
distractions are from the Commissioner,
AIS superior officer, and il issue rule
OF him, which | can do, he will prOba
o.y say his instructions are from the
secretary Of the Treasury or some other
superior officer. This is a pretty state
do affairs. There are three great CO.
ordinate branches of the government,
.Ae executive, the legislative and the
Greatest, the judiciary, that branch
"Gich determines the construction OF
'ae constitution, which tells whether
ine Statutes of the United States are
Institutional or not. Would il not be
Extraordinary for a ministerial officer,
sch as the Collector or Commissioner,
F2ose Office is slightly executive, but