The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-24
DIR PoPE,s EYES ARE OPENED.
He Secs Now that Till,nan Plays the Role
ofDictator-A Clear Exposition OF the
Numerous Unlawful Acts Of tho
Governor.
rSpeeial to News and Courier. ]

headuuarters for the campaign at the
Grand Central Hotel. Last night ne
gave me q somewhat spicy interview
when asked if there was anything to be
said.
II have recently read the dispensary
act of 1898 Closely" be said: Zone Sec
ton of the act reads Is follows: 'Ine
Governor, the Attorney General and
the Comptroller General shall. ex-
officio, constitute State board OF con-
troll to carry out the provisions OF this
act, Section gives the Governor au.
thority to appoint, at the expiration or
the term of the present commissioner,
(see the connection between the acts OF
1892 and 1853, and every two years
thereafter, q commissioner etc., the ap
pointsnent to be approved by the Sen
ate. The same section gives to the
commissioner the right to purchase all
supplies, etc., subject to such rules and
regulations as may be made by the
State board of control and makes him a
State officer. All rules and regulations
governing said commissioner in the
performance of any Of the duties Of MS
Office shall be prescribed by the state
board of control, etc.
~ fail to find in readingsaid act any
duty devolving specifically upon the
Governor more than any other law
carries with it. The Governor Is a
member ex-oficio, of several boards
the penitentiary, the asylum, etc. His
duties as such are simply those of any
other member of them. The majority
controls and what is done is executed
by the proper officers and not by the
Governor. The superintendent OF the
penitentiary carries them out for that
institution, the superintendent OF the
asylum for that institution. and by
parity of reasoning Mr.. Traxler should
do so for the dispensary.
IF the law had intended that the
Governor alone should manage the dis
oessarv it would have said so, but it
does not say so, for it puts two others
on the board with him, all Of them ex-
officio members. It means shat q ma
iority of the board shall govern, shall
say what Mr.. Traxler shall DO. The
Governor has usurped power which
does not belong to him. he admitted
during the canvass that he did so when
be said that he did not consult the
other members about reoPeniDg the
dispensary. .........~.. ....,
He has no more right to issue orders
with regard to the dispensary than he
has with regard to the penitentiary
and the asylum. He is but a simple
member of all these boards, and his
only authority is that which any other
member has. The board, / suspect,
has not had meeting until last week
in many months. All that he has done
of his own motion then is Illegal, un.
lawful, and is usurpation OF power
that does not belong to him.
South Carolina has never had but
one lawful dictator, John Rutledge
and the power was given him during
the Revolutionary war, when the State
was overrun by an enemy, and when
it was impossible from the nature oi
things to call the Legislature together.
Governor Tillman has as much right.
and it is as much his duty, to issue a
proclamation or an order carrying out
the provisions of any other law as be
has as to the dispensary.
HAS he done it? Then why does be
single out this law to be enforced at
this time? Is it to destroy the peace
and harmony of our people for political
effect? Is it an attempt to bring back
those Reformers who have left the fold
because of rings? He has sworn to exc
cute the laws iu mercy, not in q terror
izing, vindictive manner, calculated to
frenzy the men and frighten the wo.
men and children. Let it be remem'
bered that when the dispensaTy was
closed many of the constables went
home, under instructions, it was said
10 open illicit barrooms for the purpose
of proving that prohibition did not pro-
hibit. When the Supreme Court de.
cided the act of 1892 uncopstitutIonal
was it not as much the Governors duty
to issue proclamation to prevent the
saie of whiskey as it is now to carrying
out the dispensary law? Then why is
it that he failed to do anything then
and now usurps authority that does
net belong to him"
WHAT TILLMAN SAYS ABOUT HIS TRIF
TowASHINGToN.
Governor Tillnan returned to the
CITY to-day from Washington, where ht
had an interview with Internal Reve
nue. Commissioner Miller. AS to tht
result of his visit Governor Tillmar
sad:
accomplished all I went for, ant
that was to prevent any conflict OF au
thority or friction between the Federa
and State authorities. I found Com
missioner Miller very desiroas Of co
operating with me in the matter. Their
is some doubt ia his mind as to whethe
he has authority to allow the State II
seize LIQUOR in distillery ware houS'
and pay the tax Oh it. The question
has never been raised before and ther'
is no judicial decision along this line
There have been cases of 81 eriffs at
tenn mpting to seize liquors and imported
goods in bonded ware houses unde
warrants for the collection of debts; ant
the Courts have held that this was no
permissible.
Until the passage of the last revenu
law, the Wilson Act as amended b.
the Senate, liquor in warehouses wa
held under certificates, WHICH wer
sold in the markets, and anypp
holding the certificate was considered
the owner and would pay the tax ait
remove it, Congress for some reaso'
changed the phrsseology, and the lav
now provides that the tax must be pais
! by the distiller, and under 8 strict con
struction no one else is allowed to do 1t
not even an administrator or executor
| T contended that the Government onl.
held the liquor for the purpose o
securing the tax; that the States righ
| to police liquor within it borders
whether manufactured or imported
| was unquestioned. The Supreme Cour
in any number Of decisions concede
this in the most emphatic language
and the Wilson Act Of 1890, the las
legislation by the Congress on this Sub
ject, also comedies it.
"The commissioner will submit tn
matter to the Attorney General, who's
opinion will govern opr course unit!
the legislature and Congress meet. Th
whiskey in question will be proceede'
against and judgment obtaineG-lf th
evidence will warrant-and it will no
be allowed TO be removed from th
warehouse until the matter is Anall.
6etarnnine6