The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1910-02-05
SUMTER s. c., SATURDAY FEBRUARY s. 1910
States RIGHTS INVOLVED.
STATE AND FEDERAL COURTS
CLASH IN GEORGIA.
state Prohibition Law and Federal
revenue Regulations I'm Conflict
and Interesting Situation Results
Judge Ffte Criticises Federal Judge
Newman.

Trenton, Ca, Feb. 2.-Deciding to
personally look after the States inter-
ests In his fight to close the Cureton
tlistillery at Rising Fawn, which has
resulted In clashes with the federal
authorities and the arrest OF two
government officials, Judge A. w.
Fite of the superior court arrived
here today. Accompanied by Solicitor
i. c. Milner. he convened the court
for the preliminary hearing of United
States Storekeeper and Gauger Ben
c. Thompson. arrested yesterday at
the distillery on the charge of resist
ing State officers. Thompson was
bound over in the sum Of $500 for his
appearance at the next term of Daae
county court.
The court took the stand that from
the evidence Thompson pleaded guilty
OF violating the prohibition laws of
the State. which prohibit the manu-
facture of whiskey and that Collector
of Internal Revenue Rucker and
every other person aiding in the
manufacture Of whiskey in Georgia
Is guilty of the same offense.
Il can not anticipate what action
rhe federal court will take in this
case" said Judge Fite, "but l intend
TO see that my court is protected to
the last stand"
Commenting on United States
Judge Newman's attitude in the dis
pute over State and federal jurisdict-
ION in the Cureton distillery case,
Judge Fite said:
Il do not wish to criticize Judge
Newman harshly, but I will say that
I consider his decision in the Stegall
case as folly, usurpation, and tyranny.
He is an excellent gentleman and able
judge, and is generally level-headed,
but In whiskey case involving ques-
tions of State rights and federal ag-
gressions, he goes TO the Yankees and
tries to scratch out with his pen that
which, he once gallantly defende d
withs6 s. sword. 49,
In the first place the State never
mas delegated to the federal govern
ment power to regulate their internal
affairs or to control their courts in
administering their laws not in con-
ilict with the federal constitution. If
congress had such power it could not
delegate 1t to an official, nor, in my
opinion, has any official ever meant
or attempted to exercise such power,
though some federal judges seem to
think so and use this for federal ag-
grandisement.
1T is true that there are some regu-
lations prohibiting officials from di-
vulging the kinds of apparatus,
methods, and the like, but these do
not and can not apply to court pro-
ceeedings, either State or federal.
"All legitimate manufacturers of
whiskey advertise their business and
the brands and kinds of whiskey
manufactured, and the Cureton did
so until he went into the government
wild cat business, and there is no law
In reason or common sense to prevent
an official from telling it. For a court
20 hold to the contrary, 1 repeat, is
folly, usurpation and tyranny.
Think of little commissioner of
internal revenue in Washington is
suing rules having the same force as
an enactment itself, and thus con-
trolling the courts of a sovereign State.
1t is enough to make John Marshall
turn over in his grave and the found
ers Of this republic to rise from their
graves in rage and mutiny."