The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1893-09-13
TILLMAN SCORES SIMONTON
THE GOVERNOR ARRAIGNS THE FED
ERAL JUDGE IN STRONG TERMS.
The Case To he Carried TO Washing
\ ION nnd the "Grcat WrOn. Shall
Iighted.''

Columbia Journal.
Governor Tillman gave out the following
searching interview on the recent decision o
Judge Simonton, committing Constable
Swami W jril for con tempt.
The decree Of Judge Simonton in the
Swami case Is an extraordinary document.
Judge Slmonton cannot be supposed to have
any i'll Will to Swami, and thereto can have
but two objects: First, to bring the admins
trttion or the Dispensary law into disrepute !;
second, to paralyZe the constables in their ei-
forts 10 prevent the importation OF Ontra-
band liquors into the State.
III is so lilo scal predjudlcial and tyrani-
Gal thai ! feel constrained against my will to
criticiSc II, and l do this That the people Ol
the STATE may read the decision and these
comments on IL al the same time. 1t may be
known that the railroad tax cases, the Agri-
cultural Hail case. and the case involving the
powers OF the Rniiroad Commission are all
pending before this same tribunal. But eX-
periencc has shown that the present admins
trutiun has nothing to expect from this Judge
but adverse decisions, without regard 10 the
merits OF any case presented. shall there
tore, use plain language and call things by
their names.
.Swann was ordered 10 Jail yesterday, but
has since hccn released on parole by order OF
the Judge. pending an appeal to the Supreme
Court of the United States on habraS corpus.
For this he has our grateful thanks.
'The facts upon which Judge Simonton act
ed are stated by him us follows: Swami, q
Slate cDnStlDle, SelIeu u DarTcl OI WDlSKey ID
the warehouse of the South Carolina Railway
on the first day OF August without Il wnrran nj
to either search or seize, and took no further
steps than to deposit IL with the sheriff oi
Charleston county. The whiskey had been
received by the South Carolina Railway on
April 12lh, and WAS held for delivery by real
son q some doubt as TO whom II belonged.
swami Is charged by the Judge with acting
on his own authority, without Instructions,
certainly from any one IN the legal depart
ment OF the Stale, and in all probability he
WAS without instructions from any other per-
son.
and Swami Is committed to prison for con-
tempt Of court upon this showing.
The real facts are these: Swami notified
me as Governor, that there was IL barrel of
whiskey Ia the depot and asked instruction.
ordered him 10 seize IL and deposit 1t with
the sheriff, taking therefor receipt. When
ask ked later as to particulars, he said the rail-
read people claimed That HE barrel had been
shipped In April, hut showed no manifest or
way hill 10 prore II. SWann's crime then,
was that he obcyed the Governor of theStatc,
whose appOntee he was under the Disrcn-
snrv law; seized II package Of liquor which
had no certificate on 1t, as required by the
law; was in quantity going to show that IL
was for sale and deposited II with an officer
Of The State Court to await the action of that
court as to It's ownership and legal disposi.
tiOn.
"ls there any federal question here giving
the Judge OF the United States Court jurisdic-
1lbu lncTt II
l. j. contempt of court because the railroad Is
IN the hands of Il receiver, an appontee of
That court. Now, let us examine the rcaSnn-
in. and The law upon which this man has
been deprived of his Iiber.y and imprisoned.
Judge SImont0n says: Were this simply II
rlsp of interference with property in the
hands and custody Of this court without no
lice Ia il. and without action on It's part, It's
settlement would he easy, and then with the
humility OF Eriah Hrcp, he say, 'he thc re-
crver) and the court from whom he holds his
appointment. are servants OF The law, cXccp-
tinnalIy bound to pay it the utmost Difference
and respect. But ihe real issue in this case is
vastly more important than an interference
with property in hands Of the court con-
linurs the learned Judge. lie then discusses
the right to search and seize property and
denies the legality of Swann's action, claim
ing It to he unconstitutional. Let us see how
Swami, according to Judge SimnntOn, must
have proceeded under these circumstances.
IN tie first place, Swami never did search the
South Carolina Railroad depot. He only
went in when the doors were open and used
his eyes 10 look about, and in doing so he ccr-
'anly broke no law. Judge SimontOn says
he should have got out Il warrant. and | will
ask his lonoraglinst whom? Against Il bar
rel of whi>kcy" No trial Justice would have
granted H. for warrants are not issued against
things. .IyainSt the receiver? That 'oilicer
of The court had done nothing and aga II he
would have been unable 10 have obtained
warrant.
rcuuIud TO take out warrants against contra
irand whi>kcy, and l deny that it is possible
or lawful 10 get warrant Tor c0nirnband
whi>kcy unh"r the Disp"nSnry law while IL is
in transit. The ab>urdity and mpOs>blliiy
Of carrying out the law under this conStrur-
lion Is Therefore. apparent While the con- :
stable L. hunting for - warrant the train con
thinning il world move on. or, II in the drput,
il might no delivered 10 the cOn>ignec. The
cnnSt. tuition du,S Guard uS against 'nnrca>on-
:lLlr searches and SrIZurrS, and the only
question here is whether Swanns seizure Was
'uhr,@iSpDahr.
"Dul hr break any doors: No. Did he in
lure ANY one" 40 Did hr destroy the prop
rriv or convert IL tu his OWE Use" No II
wa placed in the charg" OF an officer of the
state court and section - of the arl expressly
IruvIdcs: All such liquors intended Tor un-
lawful sale in this Slate may be- seized in tram
sit and proceeded against aS if ii were unlaw-
fully kept and deposited in any place Mark
yni. it does not say prncrccd against HmI
seized. but seized ANA proceeded against
show! !ng clearly the intent Of the Legislature.
and the analogous power exercised by the
revenue OflircrS Of. SciHing without ANT
contrabanu whiskcy, is certainly sufficient
excuse for my construction of the law and