The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-09-08
TILLNlN AND SIMOyTON.
The Governor and The Judge at Outs
Over the DiSpGlSaTy Act.

abatement concerning the decreeof United
States Circuit Judge Simonton lmprison-
ing Constable Swan:
The decree of Judge Simonton in the
AVIAN case is an extraordinary document.
Judge Simonton cannot be supposed to
have any ill win against Swan, therefore,
it can have but two objects first, to bring
the administration of the dispensary law
into disrepute, and, second, to paralyze
the constables in their efforts to prevent
the importation of contraband liqSprs
into the state. 1t is so illogical. preju-
diced and tyrannical1that ] feel CON
strained, against my will, to criticise
il. and l do this that the people of the
-tate may see the decision and these COM
ments on it at the same time. 1t may be
unwise in me to do this, when it is well
known that the railroad tax cases, the
agricultural hall case, the case involving
the powers of the railroad commission
are all pending before this same tribunal.
But experience has shown that the pres
ent administration has nothing to ex-
pect from this Judge but adverse decis-
ions without regard to the merits of any
case presented.
WILL WAIVE HIS USUAL RESERVE.
81 shall, therefore, use plain language
and call things by their names. Swan
was ordered to Jail yesterday, but has since
been released on parole by order of the
Judge, pending an appeal to the supreme
court of the United States on habeas cor
pus. For this he has our grateful thanks.
AS STATED BY THE JUDGE.
THE facts upon which Judge Simonton
acted are stated by him as follows:
Swan, a state constable seized a, barrel of
,,,lisIy,- in a yvnpabOnCa of tho South
Carolina railway on the first day of
August, without a warrant to either
search or seize, and took no further steps
than to deposit it with the sheriff of
Charleston county. The whisky
had been received by the South Carolina
railway On April II, and was held for
delivery by reason Of some doubts as to
whom it belonged, Swan is charged by
the Judge as acting on his own authority,
without instructions certainly from any
one in the legal department of the state.
and in all probability he was without in
structionS from any other person. This
is the ofense as set forth by the judge.
THE FACTS.
''The real factsare these: Swan notified
me as governor, that there was a barrel
OF whisky in the depot and asked in
structiOn. I ordered him to seize it and
deposit with the sheriff, taking therefor a
lars he said the railroad people claimed
that the barrel had been shipped in April,
but showed no manifest or way bill to
prove it.
us there any federal question here
giving the judge of the United States
court jurisdiction2 There is, according to
Judge Simontou. 1t is contempt of court
because the railroad is in the hands of a
receiver, an appointee of that court
low lot . I
the law upon which this man has been de-
prived of his liberty and imprisoned.
Judge Simonton says: Were this simply
case of interference with property in.
the hands and custody of this court
without notice to it and without
action on its part, its settlement
would be easy, and then with the humility
of Uriah Heap, he says he 1.-THE receiver
and the court from whom he holds his an
pointment are servants of the law, ex-
ceptionally bound to pay it the utmost
Difference and respect. But the real issue
In this case is vastly more important than
an interference with property in the
hands of the court, continues the learned
Judge He then discusses the right to
search and seize property, and denies the
legality Of Swans action, claiming it to
be unconstitutional Let US see how
Swan, according to Judge Simonton, must
stances. In the first place Swan never
did search the South Carolina railroad
depot. He only went in when
the doors were open and used his
eyes to look about, and in doing so he GER
talnly broke 70 law. Judge Simonton
says he should have got out a warrant.
and will ask his honor against whOm2
Against a barrel of whisky mo trial
justice would have granted it, for war
rants are not 1Sc11p1 aua{psf thipuc
Against the receiyerl That officer of the
court had done nothing, and again, he
would have been unable to have obtained
warrant
WHAT THE DISPENSARY LAW IS.
" All such liquors intended for unlawful
sale in this state may be seized in transit
ana proceeded against as if it were I'M
lawfully kept and deposited in any place.
Mark you, it does not say proceeded
against and seized, but seized and pro
teeued against, showing clearly the in
TENT Of the legislature and the
analogous power exercised by the
revenue officers of Selling without
warrant contraband whisky is GER
lalnly sufficient excuse for my
construction of the law and my order to
swan. If this construction is unlawful
ana unreasonable then Swans action was
C.early lnadvertent contempt, if contempt
,...-..l W 0AC NOuIu~-ilitICly IL bIGSpdSS,
punishable only after conviction by a
Jury The Judge may contend, and does.
oouIehd, that there is no power in this
SCy lor q constable to do otherwise than
ID expressly allowed or commanded.
WHAT THE JUDGE SAID.
Inc Judge said Deep down in the
jHedrts OF the,Anglo-SaxOn race is the alb
noFfence Of every such exercise OF power
tNmosl absolute and such exercise is never
oo-oIaled except in the most extreme and
IIEeAU cases when the safety of the peO-
6' becomes the supreme law Ay! and
eeeep down in the heart of the Anglo
SfaAoh race is burning contempt and hate
tor lue Judge who lends himself to acts of
~ amy or allows himself to be the tool
VI saloon keepers and corporations.
The mills Of the gods grind slowly
nuJ lhey grind exceedingly small.
t,5l mere may be no reckoning with this
;TtEe' Ior lie is fortified against every
ii1lIe except public opinion. Swan has
1r GI aGludged guilty Of contempt and de-
b'l'Vu oil his liberty without trial He
s"4 ogeh accused of contempt Of court
sa. duJuqged guilty of Unreasonable
ora II ana seizure" has been tried for
IL ming and punished for another
c rs 2lmonton has not shown in his de-
Ia wherein his contempt consisted
mon. ignores that point in his argu-
So ana we are given to under
Ts1in that whisky in the hands of
SET lJ"us run by receivers cannot be