The Montgomery advertiser., 1909-09-26
CLASH IN GEORGIA
PROHI LAW BRINGS CONFLICT BE-
 TWEEN OFFICIALS
The Herring of GauGer StegaII ana Collector Fucker Is Postponed by Federal Judge
 Newman

Atlanta, dd. sept. 1o.-A truCo ue- tween the warning Federal and State court officials was declared today. when United States Circuit Judge Newman postponed until next Wednesday the hearing of the habeas corpus cases of United States Collector of Internal Revenue H. A. Rueker. and Gauger Charles E. Stegall.
 stegan Is the government gauger In Dade County. The presence of gaug- CT is considered evidence that a distili- cry is in operation. As Georgia Is a prohibition State the authorities sum- moned Gauger Stegall to testify. All officials In the revenue service swear to tell nothing which they learn in their officiaI position. hence Stegai refused to testify. He was so advised by his superior. Collector Fucker.
 Judge Fite Issued beach warrants for both officials but they were released on hnbeas corpus writ ise Jed yesterday by Federal Judge Newman.
 When the case was caiied this morn Ing, Sheriff Thurman of Dade County. who had been cited to produce Gauger StegalI, was not in court. Judge New mans lips frightened and he req he'd fnr his docket. But the District Attorney stated that the Solicitor of Dade Coun. ty was in the middle of the trial of a case and suggested that the case he postponed until next Wednesday.
 Judge Newman acquIesced, but saii the afrair must be settled on that date.
 The Federal officials are much in- censed over the action of Judge .Ftte and it Is intimated that some of the county officials will be severely han. dled.
 Judge in Open Rebellion.
 Atlanta. Ga, Sept. 25.-By his order to Sheriff Thurman to disobey the or ders of the United States Circuit Court. Judge A. W. Fite of Dadei coun~ ty is in open rebellion against the United States.
 Judge Fite, at Trenton. Ga.. today ordered Thurman not to comply with the writ of habeas corpus issued bV United States Circuit Judge W. T. New man of this city
 This writ commanded the sheriff to produce forthwith the body of Charles E. Stegall, government gauger. who refused to testify before the Dade county grand jury, because. as an in- ternaI revenue officer. he is sworn to reveal to no one anything he learns by virtue of his position. Fite there- upon put him in jail for contempt.
 The Dade county Jurist also ordered the arrest Of United States Internal Revenue Collector H. A. Fucker, of this city. United States Attorney Tate se- cured a writ for Fucker. who is a ne- gro, before the sheriff could get his prisoner out of the city. Rucker ia wanted for instructing Steagall not to testify.
 When Thurman left Atlanta. last night. he promised to have steagalI in court here today. but failed. The Rucker case was set for today. too. but Judge Newman continued both until Wednesday. When the federal off cers heard of the rural 1udge's orders they were angry and announced that the Steagall case will be called Mon day. and if the Dade county sheriff Is not present. a deputy marshall will go for him with a warrant for contempt Then. if he pleads Judge Ftte's order, warrant for Judge Fite will be is- sued.
 We propse to have SteaGall and to enforce the authority of the United States courts if we have to move that Dade county Jail up here" remarked one federal offlcial.
 The trouble arose from the suppos- ed existence of a distillery in Dade county. in Q prohibition State. The mere fact that a gauger Is stationed there Indicated to the astute minds of the county officials that the law was being violated.
 And instead of getting Q search warrant and going into the place" re- marked a federal official. this judge tried to make his case by forcing 8 government officer to violate his oath, lose his position and become a convict, for if he testified he would lose his job, be fined a thousand dollars and be imprisoned a year,
 Fite stands Pat.
 Trenton, Ga Sept. 25.-Judge A. W. Fite. of the Superior Court, today di- rected Sheriff Thurman. of Dade Coun- ty not to deliver to the Federal au- thorities in Atlanta Charles T. Stegall, United States storekeaper and gauger in jail here.
 sheriff Thurman says he will follow the directions of Judge Fite and not deliver the prisoner in Atlanta.
 Sheriff Thurman returned this morn ing from Atlanta where he went to ar rest H. A Fucker. United States Col lector of internal revenue. on order oi Judge Flte. but did not bring him. Col. lector Fucker having instituted habeas corpus proceedings before Judge New