The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1894-10-31
pII.LMAN's SIDE

TILLMAN'S SIDE
OF the observation-disclosures
sary Liquor Dispute.
Governor Tillman has given out the
folloring letter stating his position in
regard to the matter:
.Cotuss1A, S. c.. Oct. l8, 1894.
Hon. Jos. L. Miller. Commissioned In.
ternsi Revenue, Washington, D. c.:
S1s:-I have just seen 10 the morn
ing paper your letter Of the 10th ad-
dressed to the Secretary Of the Treas
ury oo the subject Of the seizures Of
liquors in boad In South Carolina,
under the 7dispensary Ia. | must con-
fess that am surprised az some of the
statemeata made therein. aad the posi-
ton yoa appear to take, for | shought
that had made the States position bet
ter understood BY you.
You say. "The question is broadly
presented whether State can so legis-
late as incidentally to deprive the
United States Of one OF its declared
sources Of revenue Pardon me, but
this is not the question at all. We
have no desire nor is aBgthlng in the
Dispenssry Law to warrant the State do,
ing anything Of the kind. We simply
wan. 10 police all liquor in the ssase.
whether imported or manfactared With
in the borders. which right has been
clearly given by the Wilson act Of
1885,, and has been affirmed time and
again by the Uaited States. Supreme
Court.
We acknowledge the paramount right
Of the national government to tax
liquor made in the State, aud have sig
ni6ed our willingness in every way pos
sible to cooperate With the revenue aa-
thorities IN seeing that no liquor escapes
the payment Of the tax. But We
deny the right of the government to aid
aud abet distillers in evading our police
regulations. No person is allowed to
sell ooder the dispensary law, except
those duly appointed by the State au-
thorities. Distillers can aud do sell to the
State or any person beyond the limits
Of the State. such shipments requiring
a certificate from the State Commis-
sioner, before they are received by the
railroads.
But some Of the owners of registered
etills who have paid the United States
special tax for retailing are using their
distillery warehouses as depots from
which to food the country with liquor
consraband under the State law. All
such places under the dispensary Law
are declared nnisances, and on proof
aud conviction, the keeper Of such nui-
sance is punishable with imprisonment
and his liquor declared cou6scated
We have one such man under arrest
and have rendered the tax on liquor in the
warehouse, where his sales we're con-
summated. What We desire and ask
from the national authorities is not to
obstruct our laws by a strained con-
struction of revenue statutes. It is not
denied that the States powers to police
liquor are practically unlimited.
The Wilson act Of 1890 already
quoted. reads as follows.-''That all
fermeated, distilled. or other intoxica-
ting liquors or liquids. transported into
any State or Territory, or remaining
therein for use, consumption, sale or
storage. therein, shall upon arrival in
such State or Territory be subject to the
operation aud effect of she laws Of the
State or territory enacted 10 the exercise
of It's police powers, to the same extent
and 10 the same manner as though such
liquors or liquids had been produced in
State or Territory aud shall not be
exempt therefrom by reason OF being
introduced therein in original package.
or otherwise.
Please note that storage" is here
specifically mentioned aBd also that the
case which you quote of Mccullough.
Jr., VS.. Henry Large. United States
Circuit Court Western District of Penn
sylvania where sheriff was not allowed
to levy on liquor in bond, under writs
for the collection of debt cannot be ap-
plicable to the present case. Unless the
decision Of the Supreme Court means
nothing and the Wilson act be nullity.
the State law regulating the sale Of
liquor will take precedence of United
States statutes. which are not directly
10 conflict. When the United States
governments leo for taxes is recogniz-
ed aud 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
proposed to be taken would be the prob
ably complete destruction of the bonded
warehouse system within the State; the
consennent cessation of the husiness of