The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1894-10-23
GOVERNOR TILLMAN'S REPLY.

The Federal Authorities are Asked
Not to ObstruCt the State Laws.
Governor Til]man has answered the
letter Of Commissioner Miller, and says
it is not the purpose of the State to de-
prive the national government of one
of its sources of revenue, but to protect
itself. He contends that the States
powers to police liquor are practically
unlimited. After quoting some law,
he says:
You say that the natural effect of
acquiescence by this office in the course
proposed to be taken would be the
probably complete destruction of the
bonded warehouse system within the
State
1--WE acknowledge the paramount
right of the national government to
tax liquor made in the State and have
signified our willingness in every way
possible to cooperate with the revenue
authorities in seeing that no liquor es-
capes payment of the tax, but we deny
the right of the government to aid and
abet distillers in evading our police
regulations. No person is allowed to
sell under the dispensary law except
those duly appointed by the State au-
thorities. Distillers can and do sell to
the State, or any person beyond the
limits of the State, such shipments re-
quiring certificate from the State
commissioner before they are received
by the railroads. But some of the
owners of registered stills who have
paid the United States special tax for
retailing are using their distillery
warehouses as depots from which to
flood the country with liquor contra
band under the State law. All such
places under the dispensary law are de-
clared nuisances and on proof and con-
victiOn the keeper of such nuisance is
punished with Imprisonment and his
liquor declared confscated. We have
one such man under arrest and ten
dered the tax on the liquor in the ware
house, whore his sales were consum-
mated. What wo desire and ask from
the national authorities is not to OBJ
struct our laws by strained construc-
tiOn OF the revenue statutes.
SIT is not denied that there will be
consequent cessation Of the business
of manufacturing distilled spirits un-
| der the internal revenue laws and the
loss to the United States of further In
| come from that source Such q de-
duction as this is altogether out of
reason. On the contrary If the inter-
nal revenue officials of the United
States in South Carolina will cooperate
with the State authorities tho quanti-
ties of moonshine' whiskey consumed
in the State would largely decrease
and the national revenues largely in
crease. | am informed that the very
distiller whom we are prosecuting uses
hundred bushels week, while he
only warehouses eight gallons of whis-
key day. Thus three-fOurths of his
possible product pays no tax to the
| United States.
81 will only state in conclusion that
unless the authorities at Washington
shall construe the statute 80 as to give
| us relief in cases of this kind, it Is al
most certain that our General Assem-
| bly, at its next session will be compell-
ed to prohibit the manufac lure of IL
quor altogether, except under strin-
gent State regulations, and If the ques-
| tion of revenue Is to govern in deter
mining this matter, the United States
will receive more revenue If the case
is decided in our favor than 1T will If
decided against us. We think the
States rights are clearly set forth and
acknowledged by the Wilson act and
the decisions of the Supreme Court,
and there is broad distinction be-
tween seizure OF liquor in bond and
under our police laws when the tax is
rendered and q seizure under writ to
collect a debt. In the one case the
States moves as sovereign whose
rights are acknowledged by Congress
and the United States Supreme Court.
The other Is writ between private
individuals. | cannot believe that it
Is the purpose and the desire of the
national government to encourage and
assist distillers in disposing of their
product contrary to State law. But
If government distillery warehouses
are to be turned into retail liquor es,
tablishments exempt from State COLI
troll such will be the inevitable result
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