The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1893-09-13
SWAMI SENT 10 JAIL.
Judge simonton Declares the State Con-
stable Guilty Of Flagrant contemps .
OF Court. II

| Judge Simonton Declares the State Con.
stable Guilty of Flagrant contemps y
OF Court
/ CHARLESTON, S. c., Sept. 5on
August 1stG B. Swarm. one of Gov
ernor Tillman's dispensary constables,6
seized barrel Of whiskey in custody
Of the South Carolina railway in this
city. When the seizure was made,
Swami showed no authority from
either the consignee or consignor Of the.
goods, nor did he produce any warrant.
by virtue of which the search and seiz-.
ure was made. When questions as to.
his authority were asked, he produced
his commission as constable Of the
State. Swami was then taken before,
Judge Simonton in the United States;
circuit court on a petition to show cause:
why he should not be attached for con-
tempt.
In his decision just filed, Judge
| Simon5on holds that swann was guilty
of an outrageous violation of the law
and declares that no search and seiz-
ures Of property can be made without
due process oflaw. He adjudged Swami
| guilty Of fcontempt of court and orders
that he be imprisoned IN Charleston
county Jail until he returns the seized
goods to the custody of the receiver of
the railroads. When the goods have
been so..returned, that he suffer
further imprisonment in the county
jail for three months and until he pays
costs for fhe proceedings.
JUMPING on TIE JUDGEFMLalAN
TALKS OF THE DECISION AGAINST
SWAMI.
Especial to GreenVille News.
CoLuMBIA, s. C. Sept. Governor
Tlman this afternoon made reply 20
the decree of United States Circuit
Judge Simonton imprisoning his con-
stable, Swami, for seizing a barrel OF
whiskey at South Carolina railroad de-.
pot at Charleston. The governor says
the decree is intended to bring she
administration of the dispensary law
into disrepute andto paralyze the State
constabies in their efforts to prevent
the importation Of contraband liquors
into the State. He says itisso hogi-
cal, preiudiced and tyrannieal that he
feels constrained against his viii to-
reply to it. Says he: 81 ttmay be unwise
in me to do this when othe. cases are
pending before this same tribunal but:
experience has shown that the present
administration has nothing to expect
from this judge but adverse decisions
without regard to the merits Of any
case presented. 7 shall, therefore, use
plain language and call things by their.
Names
The governor says that he ordered
Swami to seize the stuff. i;ss
ssSwann's crime, then, was that he
obeyed the governor Of the State whose
appointee he was. Under the d:spen-
sary law he seized liquor which had no
certificate on it as required under the,
law as it was in quantity showing that!
it was for sale.
The governor claims that there was
mol Federal question therein giving the
United States judge jurisdiction; that.
Swami did not ssearchn the depot
aonly going in when the doors were
open and using his eyes TO look about
and in doing 30 he certainly broke no.
law,
Replying to Judge Simonton's state.
ment that Swann should have got out,
8 warrant the governor says he could
not have gotten a warrant against g
barrel because it a thing. andshat he
couldnot have gotten Is against the re-
ceiYer of the road, because that officer
had done nothing. e Issued the order.
to Swami says the governor, Sand
Swami is simple public official of
South Carolina, duly authorized to Act
under the dispensary law, and It is
infamous to claim that he is in con-
tempt Of court under these circum-
stances. Deep down in the heart the
Anglo-Saxon race is burning contempt
for the judge who lends himself to acts
of tyranny or allows himself to be the
tool of saloon keepers and corporations.
There may be no reckoning with this.
Judge for he is fortified against every
thing except public opinion. Judge
simonton has not shown in ais decree.
wherein the contempt consisted and we
are given to understand that whiskey
in the hands Of railroads run by re-:
ceiYers can not be seized without q
warrant. ESQ it will be contempt of
this South Carolina Jeferies. The law
is sparalyzed to this extent and the tenn
perance people and the law abiding
citizens of the commonwealth viii
know at whose door to lay the blame.
We will carry the case to Washington
on habeas corpus and ask the United
States supreme court to right this
wrong. We may fail, as we did in the
case of the sherifs, but in contending
for right and justice I viii never con-
slider either the cost or the result
DIREcrRUM's GREAT RACE
Made Mile In 2.o7 on Slow Track and
Beat the Worlds Record.
New YoBK, September Sat Fleet
wood track yesterday the worlds stall
lion record was beaten by Directrum.
He went mile in 2.07. Pascal went
mile in 1915.