The times. [volume] (Richmond, Va.) 1890-1903, 1894-10-20
TO POLICE ALL LIQUOR.
THIS TILLAAN SAYS IS ALL ne
ASKS TO BE ALLOWED TO DO.
He Replies 10 Comn,ssiouer Miller. ard
says That 0eatlemsa 10 Lsboring
Under = Wro JmprsssIos.

COLUMBIA, s. c.. Oct. is.-Govcr or
Ttllman to-day wrote the fol owing IN Ie-
70 the whisky question at issue between
them:
ITO Hon. j. l.. Miller, Commissioner In
ternal Revenue. Washington, u. .:
"Sir,-l have JUS. seen IN the morn'.k
paper your letter of the 18th addressed 20
the Secretary OF the Treasury on the
subject Of the seizures OF liquors In BOND
In South Carolina under the dispensars
law. L must confess that ! am su.pr sen
at some OF the statements made t1sFe.n
and the position you appear 10 take, Iyr
l thought that | had made the states
position better understood by you.
You say, The question Is bfoadiy pre-
sented whether a State can so legis ate rs
incidentally TO deprive the nited STATES
of one of It's declared sources OF revenue.
Pardon me, but this is not the da's,
there anything I'm the dispensary law 20
warrant the State doing anything OF the
kind. We simply want To potce an qu.r
in the State, whether Imported OF manu-,
featured within the borders which rgnt
has been clearly given by the wilson act
OF 1890 and has been anirmed time IA
again by the United States supreme
Courts.
ntGHT IHlT IN D MN.
I'VE acknowledge the paramount right
of the National Government to tax liquor
made i'm the State ana have signified our
cooperate with the revenue authoftues
in seeing that no liquor escape the pay
ment of the tax But we deny the rlsht
of the Government to aid and abet DIS
tilIers I'm eyading our police regulations.
No person is allowed 10 sell under the
dispensary law. except those dliy ap-
pointed by the State authorities DIS
tillers can, and do sell 10 .ne s'ase' or
State, such shipments requiring certl-
ficate from the State commissioner before
they are received by the railroads.
"But some OF the owners OF resisteref
stills who have paid the United
States special tax for retailing are US
ing their d!stillery warehouses "a
depots from which 10 II cd the
country with liquor. contriband un.
der the State law. All such places. un-
der the dispensary law, are decla, ed
nuisances. and on proof and cohVicuon
the keeper OF such nuisance Is punish
able with Imprisonment ana MS liquor
declared con6scated We have one such
man under arrest and have rendered the
tax on liquor i'm the warehouse where
his sales were contaminated. What we
desire and ask from the National ad-
thorities IL not "a obsuuct our laws
by a strained construction OF the revenue
statutes It is not denied tfat the Stftes
powers to police liquor are p,acllealy
unlimited"
STATE LAW TsKrs PRVcr DINO.
The Wilson act OF 1890. already quoted.
reads as follows:
THAT all fermented. distilled or other
Intoxicating liquors or liquids trans
ported into any State or Territory, or
remaining therein for use, consumption,
sale. or storage therein, shall upon ar
rival In such State or Territory be
subject to the operation ana cat -.
the laws enacted In the exercise OF IT'S
police powers, so the same extent and
In the same manner ~ though such
liquors or liquids had been produced IN
tatA nj ahs M hn
exempt therefrom by reason Of being
introduced there I'm original package or
otherwise
"Please note that storage Is here
Specifically mentioned. and also that
the case which you quote of McCnlogh.
sr., VS. Henry Large, United states
Circuit Court, was In tho d strict OF
Pennsylvania, where sheriff was not
allowed TO levy on liquor In houd. un-
der wrts for the collection Of debt
cannot ne applicable TO the present case.
Unless the decision, OF the supreme court
means nothing and The Wilson act act, be a
sale of liquor Will tahe pre- "edcnce or
United States statutes. which are not
directly I'm conflict. When the United
States Governments lien for taxes IN
recognized and the taxes. rendered, our
State police regulations begin or ought
TO begin.
You say that the natural effect OF
acquiescence by this Office in the course
the complete destruction of bonded
warehouse system within the State; the
consequent cessation Of the business or
manufacturing distilled spirits under
the internal revenue laws and the ioss
to the United States OF further Income
from that source.
TTr n. rrc~rsv crT - "rbso~.
Such deduction as this In altogether
out of reason. ON the contrary, 81 tue
Internal revenue officials Of the United
States In South Carolina WI 60 operate
with the State authorities the quantity
of .moonshipe' whisky consumed In the
State would largely decrease ana the ma
tlonal revenues largely incr 'ase. am
Informed that the very distlher NhCm we
are prosecuting uses hundred bushels
week while ne only warehouses eight
gallons OF whisky day. Thus three-
fourths Of his possible product pays no
tax TO the United states.
II will only state in conclusion th,t
unless the authorities at Washing on snail
construe the statute so as 10 give us re-
lief In cases OF this Kind mat IL rs az
AT its next session viii be compelled 10
prohibit the manufacture OF liquor alt0-
gether, except under stringent state tegu-
iations. and II the question 9t rsxsnns ,,
the limited states Will receive more reNe-
nue n the case Is decided In our favor
than IL viii IL decided against us.
I'VE think the states ughts are clearly
,on act. and the decisions Of the supreme
Court and there lis a broad disuncuon
the seizure or liquors IN bona ana
under our police laws when the tak IN
rendered, and a seizure under wrii TO
collect debt.
WILL ESro~psGs tAw ssfsH
In the one case, the state moves 40
a soyereign wuuss rights are acNHOH-
edged by Congress and the United states
supreme Court. The other Is writ be-
tween private individuals ] cannot De,
Ieye that IL is the purpose aud
he desife Of the National Cow
eminent to encourage sad assist
1lstillers IN disposing Of their pro-
iuct contray 10 State law.
but 10 the Government distillery ware
houses are 10 be turned into retail hquor
establishments, exempt from state con
.rol such will be the Inevitable result
"You will confer favor By submitting
his letter at once 20 the Auorney~Gen-
.ral. that he may more clearly under
stand our position.
Respectfully,
NAN