Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-09-28
Federal Attorney Inactive While
Stegall Remains in Dade Jail
for obeying Laws Governing
Revenue Employees.
TATE AND MILNER IN
LENGTHY CONFERENCE
Solicitor General Of Dade County
Comes to Atlanta to Confer.
Refused to Give Result Of
Conference.

Monday marked the fifth day thel
Charles z. Stegall, storekeeper and gau-
ger for the United States government, has
occupied a cell in the Dade county jail.
where he was placed by an order OF Judge
A. w. F1te, charging that he was In con-
tempt Of court for not answering ques-
lions which, under the federal law. would
place him liable to fine and imprison-
ment.
This state of affairs IS true notwath-
standing an order issued by Judge w. T
Newman demanding the sheriff Of Dade
county 10 produce Stegall in Atlanta with
in the jurisdiction OF federal court forth
with.
Solicitor General T. C. Miller, of Dads
county, arrived in Atlanta early Monday
morning, and for several hours has been
in close conference with District Attorney
Carter Tate, Of the federal court.
IS JUDGE FITE IN CONTEMPT
After the conference. which will be re-
sumed during the afternoon, neither par
ties would make any statement for pub
lication.
In executing the order OF Judge F'ite, OF
the Dade county court. the sheriff Of that
county has totally dlsregarded the writ
Of habeas corpus signed by Judge New
man, of the federal court in Atlantis.
The result Of the situation is a mooted
question. Is Judge Fife in contempt OF
the federal court? Is the sheriff of Dsde
county in contempt? And what wiz Judge
Newman now do, are questions that have
not been answered, and much depends up
on the action to be taken during the after
noon.
Stegall Is between two fires. If he talks
he is liable to fine and Imprisonment I'M
der the federal laws; and II he won't tflk
he will be forced to stay in the Dade
county Jail under the contempt rule
This is the fifth day he has been In
the Dade fail. He has been in conference
with one Of the United STATES attorutys
and II he had knowledge of the distlery
IN question gained in any way except as
federal official he would certainly rave
given this information to Judge Fite al
fer he had rtaelved the advice of the at
torney.
WHAT WILL THE RESULT BE-
AS the situation is, from the fact that
Attorney Tate requested the writ OF ha-
beas corpus from Judge Newman. he
must recognize that Stegall Is acting
under the federal law, and merely doing
his duty as q storekeeper and gauger IN
the service of the United States revenue
department.
Since Judge Newman issued the writ
of habeas corpus demanding that Sheriff
Thurman produce stegall in the Atlanta
court no further action has been taken.
It was the opinion in Atlanta, II IL
said, that Judge Fife would recognise the
writ and that Stegall would be released
from custody in the same manner ColIec-
tCi Fuckers release was effected BY the
district attorney.
The only point taken by the govern
ment in the clash was the prevention OF
the removal Of Rucker to Dade county
by a writ OF habeas corpus granted for
the same reason that the one for Stegail
was given.
RUCRER is UNDER BOND.
The Dade county sheriff was in Atlantis
cut of the jurisdiction of his own court,
and had no choice but to obey the writ.
Had he ever come to trenton with
Rucker the collector would have been in
the same boat with Stegall and the work
ings OF the United States revenue depart
ment considerably denoralized.
District Attorney Tate states that some
action will be taken on the case in the
near future. In the meanwhile Stegdll
remains In the Dade Jail.