The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-10-20
TILLMAN'S War ON WHISKY.
The Governor Takes Exception TO Mil
ler'S Statements.

Acknowledges the Governments
Rights and States the Issue From His
Standpoint.
Columbia, S. c.. Oct. 19-Gov. Tillman
has written the following in reply to Com
missioner Miller in reference to the whis-
ky question at issue between them:
Columbia, S. c., Oct 10, 1S94.-Hon.
Joseph S. Miller, Commissioner of Inter-
nal Revenue, Washington, D. c.: Sir-I
have just seen in the morning paper your
! letter of Oct. 16, addressed to the Secre-
tary of the Treasury on the subject of the
seizures of liquors in bond in South Caro-
| lima under the dispensary law must
confess that am surprised at some of the
| statements made therein and the position
you appear to take, for 1 thought that l
had made the states position better un-
| derstood by you.
| You say the question is broadly pre-
! sented whether state can so legislate
as incidentally to deprive the United
| States of one of it's declared sources of
revenue. Pardon me, but this is not
the question at all. We have no desire,
nor is there anything in the dispensary
| law to warrant the state doing anything
of the kind. We simply want to police all
liquor in the state. whether imported or
manufactured within the borders, which
right has been clearly given by the VIII
son act of 1890, and has been affirmed
time and again by the United States SUI
preme court.
We acknowledge the paramount right
of the national government to tax IL
quor made in the state, and have signifed
our willingness in every way possible to
cooperate with the revenue authorities
in seeing that no liquor escapes the pay
ment of the tax. But we deny the right of
the government to aid and abet distillers
in evading our police regulations. No per-
son is allowed to sell under the dispen-
sary law, except those duly appointed by
the state authorities. Distillers can and
do sell to the state or any person beyond
the limits of the state. such shipments
requiring a 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
| winch 10 0OOQ the country with UQuOr
| contraband 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
punishable with imprisonment and his
| liquor declared confiscated. We have one
such man under arrest and have rendered
| the tax on the liquor in the warehouse,
| where his sales were contaminated. What
we desire and ask from the national au-
| thorties is not to obstruct our laws by a
| strained construction of the revenue stat
utes. 1t is not denied that the states
powers to police liquor are practically I'M
| limited.
The Wilson act of 1890, already quoted,
reads as follow: THAT all fermented dis
| titled or other intoxicating liquors or
liquids transported into any state or ter
ritory, or removing therein for use, con-
| sumption, sale or storage therein, shall
upon arrival in such state or territory,
be subject to the operation and effect of
the laws of such state or ter
! territory enacted in the exercise of
it's police powers to the same ex-
tent and in the same manner as though
| such liquors or liquids had been produced
in the state or territory, and shall not be
exempt therefrom by reason of being in
troduced therein in original packages or
otherwise.
Please note that Storage" is here spe-
| officially mentioned, and also that the case
which you quote of Mccullough, Jr, VS..
| Henry Large, United States circuit court
! was not District of Pennsylvania, where
a sheriff was not allowed to levy on
liquor in bond under writs for the eollec-
ton of a debt, cannot be applicable to the
present case. Unless the decision of the
supreme court means nothing and the
Wilson act be a nullity, the state law
| regulating the sale of liquor will take
| precedence of the United States statutes,
which are not directly i'm conflict. When
the United States governments lien for
| taxes is recognized and the taxes ten
dered, our state police regulations be-
gin, or ought to begin
You say that the natural effect of
adolescence 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
| consequent cessation of the business of
manufacturing distilled spirits under the
| internal revenue laws and the loss to the
United States of further income from that
source" Such a deduction as this is
altogether out of reason. On the contrary,
" the internal revenue officials OF the
! United States in South Carolina will CO.
operate with the state authorities, the
quantity Of "moonshine' whisky con-
| sumed in the state would largely decrease
and the national revenues largely in
crease / am informed that the very dis
! tiller whom we are prosecuting, uses a
hundred bushels a week, while ne only
warehouses only eight gallons OF whisky
a day. Thus three-fourths Of hts possible
product pays no tax TO the United States
! will only state in conclusion that un-
less the authorities at Washington shall
/ construe the statute so as to give us re-
lief In a case of this kind. that II is al
most certain that our general assembly
at its next session, viii be compelled to
/ prohibit the manufacture of liquor alto
| gether except under stringent state regu-
lations, and IL the question Of revenue is
| to govern In determining this matter, the
United states VIII receive more revenue n
! the case is decided In our favor, than It
will IL decided against us
! think the states rights are clearly set
| forth and acknowledged by the Wilson act
| and the decisions of the supreme court,
| and there is a broad distinction between
a seizure Of liquors In bond and under our
police laws, when the tax Is rendered
| and a seizure under a writ to collect n
/ debt. In the one case the state moves as
a sovereign, whose rights are acknowi-
edged by congress and the United States
/ supreme court. The other Is a writ be-
I tween private individuals. / cannot be-
] 81 . H. Al