The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1895-05-15
The Contempt Case.

The decision of the court in the pro-
ceeding against Dispensary Commis-
sioner Nixon and Constables A. T.
Davis andS. G.. Lafar, charged with
contempt of court in disregarding the
linjunctions of Judge Golf and Judge
Simonton, respectively-which in
functions forbade the seizure of liquor
brought into this State, consigned to
private parties, was also delivered this
morning. One alleged contempt con-
sisted in the issue of the following cir
cular letter:
COLUMBIA, S. c., April 25, 1895
Circular Letter to State Constables:
Sir: Enclosed you will find three
kinds of certificates to be used only as
follows: One to bring goods into the
the State, one to carry goods out o.
State and the other to ship goods from.
point to point in the State. The latter
ones will be used by every one who
does any shipping in the State, includ-
ing shipping from the State dispensary
to the county dispensaries and else,
where, and by the State constables in
shipping to the commission here. You
will see that the blanks are properly
filed in and you will be particularly
vigilant to catch any packages going
from place to place in this State not
bearing the proper certificate and in
taking packages shipped into or out OF
the State, unless properly stamped.
You will also find twelve Of the certlh-
Gates for your own use. Send into me
any others you may have on hand.
f. NJ. Mixson, State Commissioner.
Each of the constables set up that he
did not know of the injunction and
that he was acting under the law. In
both returns, also, it was claimed that
the court was without jurisdiction IN
the premises. AL the parties attached
for contempt disclainned any purpose
whatever to disregard the orders OF the
court, and expressed their purpose to
| obey them in future.
The Commissioner stated that IN Is
suing the circular letter he had no pur-
pose to disregard any order of court.
The decision in this matter was as fol-
lows:
United States of America, District of
South Carolina, Fourth Circuit
the Circuit Court-In re Frank NJ.
MiXson.
The respondent in his return to the
rule issued against him disclaims on
oath any intent or purpose to oppose,
disregard or disobey the order of his
court.
In the special matter Of the certif-
Gates issued by him to the State con-
stables he sa VS. under oath that this
was done in tie ordinary duties of his
office, that the certificates We're pre-.
pared long before the order was issued
and although they were marked on the
same day on which the order was
served on him, he did this with no in
tent or purpose of disobeylng or dlsre-
garding the order.
That in his circular letter addressed
to the State constables simultaneously
with the issue of the certificates he in
advertently gave them instructions.
His counsel in his behalf stated in
open court that this was the result of
inexperience in his office. He now
knows that he has no right to give
constables any instructions. But he
disclaims in so doing any intent or
purpose of opposing, disregarding or
disobeying the order Of this court,
Under these circumstances, and II
view of these solemn declarations un-
der oath by respondent he is held to
have purged himself of contempt.
The rule is discharged.
Charles Il. Simonton,
Circuit Judge.
NI,-S 1S0S