The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1900-04-04
magistrate made the following report
by wire:
Governor VI. B. McSWeeney, Columbia

by wire:
Governor Vi. B. Mcsweeney, Columbia
sc.
Sir: Subject to your instructions, I
beg to submit the following report con-
cerning the status of the case:
A search warrent was issued yester-
day against the custom house for con-
traband goods consigned to Vincent
Chicco, and ask further instructions.
The right of search under the warrant
on the custom house seems clear, under
express reservation by the State in ced-
ing the property to the government.
My present information is that it is in
| no way Disseminated from any other
depot where contrabsnd goods may be
stored. At first there was considerable
opposition made by the collector to
the search and seizure, but or my offer.
ing to submit the question to the legal
advisers of the collector al interview
was held between Deputy Collector
Ostendorf, B. A. Hagood. assistant dis
trict attorney, and myself. Mr.. Hagood
advised the collector that it was proper
to submit to process in order to protect
the collectors bond from any possible
loss. However, he suggested com.
promise this morning by the collector
giving receipt for the goods, viz: Is
Eases Burkes Scotch malt, lG cases
Burke'a Three Star Irish whiskey, 10
cases NoDcariel O.d Tom gin, 5 eases
finest dry gin, two. barrels sherry wine,
which he pledges himself to hold in
tact, subject to directions which he
may receive from the secretary of the
treasury upon submission of the mat
ter to him. TIE receipt as finally made
out was not in accordance with the
terms which | understood had boeG
agreed on, namely, that the goods
would be held subject to proper legal
process. Ga further advice and inquiry
the receipt, however, maintains the
status, and projects the State tempo
rarlly.
My view Of the matter is that the
process is entirely valid, and it is per-
tectly competent to carry it out by force
if necessary But l do not conceive
that it is your e1cellencys wish that
this be done if it can be avoided, and
submit it to your better judgment and
await further instructions. A brief
history Of the facts may give you light:
The goods we're shipped in bond by the
Clyde line to the collector, subject to
consignee's call. They were received
on March 8, and after three days grace
were put in the warehouse as unclaimed
goods, without entry having ever been
perfected by the consigee, Vincent
Chlcco, either for immediate consump-
tion or for warehouse. There was no
bond given by Chicco. Deputy Collec-
tor O.tendorf informed me that it was
the practice to hold goods thus stored
subject to the duties and warehouse
charges foc one year and day, after
which they would be sold at public auc
ton as unclaimed. The coDsignee,
however, was at liberty at any time
during that period to take them out by
piece meal by FIVE or any other number
of packages al the time on paying the
pro rata Of duties and warehouse
charges. 1t is, of course, unnecessary
for me to suggest how excellent an ar
raugsment this is for the purposes Of
illicit dealers if the contraband can be
held at their convenience under the
custody and protection of the govern
ment, in defiance of the States process.
Awaiting your further instructions,
J. Il. Moore,
Magistrate.