The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1894-10-22

ABOUT MS RECENT VISIT TO TIE
CET'Y OF FASRINGTON.
The Liquor Business viii he Throttied if ths
Legislature Has to be Convened to Do
1.-THE Internal Revenue Case.

| Washington, October 15.-Governor Till
man, OF South Carolina, was at the treas
| ury department today, and had an inter
view with Commissioner Miller, of the in
ternal revenue bureau, in regard to the
matter on which there seems to be a con-
fiict between federal and state authority
Under the dispensary laws of South Caro-
lima distilled spirits in the custody of the
Unitel States bonded warehouses belonging
TO parties VINO have violated the provisions
of the dspensary law, selling them within
| the state, are declared to be a nuisance
| and on conviction the state officers are au-
| authorized to seize and 6,on1scate the
| liquor. In al such cases the governor pro-
| posed TO tender the tax to the government
| and seize the spirits, contending that the
| federal authorities have no right to inter-
| fore in the matter.
! Commissioner Miller took issue with the
! governor and cited several decisions Of the
| court. among them one By the supreme
| court Of the United States, wherein it was
| held that goods in bonded warehouses were
not subject to any process or proceeding
Issuing from a state court and that SO long
as the government retained control of the
goods it's jurisdiction and authority was
supreme No final decision, however was
reached and it is possible that in defer
ence to the wishes of Governor Tillman the
question "lli be referred to the attorney
general for an opinion.
The Governor Talks of His Trim
Columbia, s. c., October 16.-(Special)-
Governor Tillman returned today from
washington. whittier ne went in an at
tempt TO settle a conflict between the dis
pensary-law and the United States revenue
laws.
y distiller in Edgehald county had viola
ted the dSpensary law and the governor
h4u attempted to seize the liquor belonging
to the distier, which was in distiiiery
warehouse. by paying the revenue tax. The
collector refused to give up the whisky. aud
the governor went to Washington TO see
about it,
RE Governor Is Pleased.
lie was pleased with the press report or |
his VISIT sent out last night from Yasb;nr /
ton and this afternoon gave ont the follow /
ing:
I accomplished all ] went for. and that
was to prevent any conflict OF authority or
I,lcttuh between the federal and state au-
thorites.
Il found Commissioner Miller very INV
iour OF co-opera ting with me in the mat
Ter. There is some doubt in his mind as TO |
whether he has authority to allow the state
10 seize liquor in a distillery warehouse and
pay the tax on Il. The question haze never
been raised before, and there Is n, i,,dici,t
decision along this line
There have been cases Of sbe,ioe- ~
tempting to seize liquors and impo-+ed
goods in bonded Warehouses unfar WI
rants for the collection Of debts. ana tho |
courts have held that this was not permits
sable.
How the Lnv Now Stands
until the passage of the last revenue
NV the Wlso2 act. as amended by the |
senate liquor in warehouses was held under
certificates which were used In the ,rar,ote
ana any one holding the certificate was
considered the owner and could nav the tax
ma remove II: Congress, for some resson
'hahSed the phraseology. and the law now
'FoVlaeS mat The tax must be paid by The
istiiler, and under a strict construction M
me else IS allowed to do it-not even an ! {
or executor ;
i contend that the government orI,, !
o!ds the liquor fer tho purpose OF sarur- /
2g the tax, that the states right 10 poljca :
an9r wtesa - h2TgeCss on rne subject y
$50 comedies 1t. /,
gIgl y,c. Submitted 70 the attorney 4
General. $
"rrhe commissioner viii submit the matter s
, the attorney general, whose opinion WI, l.
overn, of course until the legislature anu I
ongrcSs meet.
..Tta whisky i'm question win be proceeded :
e,ain.t and Judgment obtained II the evil }
MOO win warrant and it viii not ne al
,,,ad 4, he removed from the warehouse .
ntiI the matter is Gaaly determined,
We no doubt that the poticc po"@A " go
mt. which differs from the attempt % c
ot4e for the purpose Of collecting dent !
Mn receive recognition 81 the hands Of IN. ,
..,loral authorities, and if the law Is AZ
,-aeont defective 50 as 10 permit this II Wi'i
70 amended when congress meets.
1T mag become necessary FOR 'ie 'o.''
.,.o a. pass an act to provide FOR me II {
49,, ing OF stills in this state and the con i
troI oC the output by The state officers. o:le
III. -, ~ = yorv eeltain-the Illicit sale Of ii4
nov o+ di4iilieriea viii be stopped.
\ ge,v 'Euru im tsr"""ViSi".
creenyille, $. c. octoh2r lf.-tspe2,e'..l-
A NOW, turu was taken today in dlspea~1ss
80. which viii lead 10 more complica-
tons Warrants were Issued fo so '"s 81 SFfT he
81 a number Of citizens an" SOM - - ' Nv,
- g-bo were present at the tih'e me
p p9tsmpt made % .as E e se af To-
house me W." az I'D sore w.n again BE
opened. .--.---
Alas ne poor dyAepticS' what tr!sl3
thrv have, They would have none a. ~ NJ
# they would ca- food eoo~e" VIII
,,.r-,,, Rafting Powder.