The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-02-04
STATE OF GEORGIA
WILL TAKE APPEAL
Clash Between Authorities Is
to Be Settled.
GAUGER S CASE UPHELD.
Atlanta Is Becoming Prohibition
Center and Plans Are Being Made
to Have State Ticket in
Election.

Atlanta, February 3.-(Special)-An ap-
peal will be taken in the name of the
state Of Georgia to the supreme court of
the United States from the decision of
Judge w. T. Newman, recently handed
down, to the effect that Charles E. Ste
gall, a government gauger, could not be
compelled to testify In the state courts
as to the operations of distillery in al
legged operation in Georgia, where the in
formation came to the gauger in his Of
fetal capacity.
Attorney General John C. Hart is au-
thority for this statement, and to the end
of going to the higher court he will
shortly hold conference on the subject
with Solicitor General Tom Miner of the
Cherokee circuit
Gauger Stegall was summoned by Judge
A. w. Fife as a witness before the Dade
county grand jury to testify regarding
the operations of the Cureton distillery
which, it was alleged, was making whis-
ky in that county. Standing upon his
official rights. as he interpreted them.
mony called for, and Judge Fife sent him
to jail for contempt of court
The gauger took out habeas corpus
proceedings in the United States court
here, and explained his refusal upon the
ground that he would be violating United
States law should he divulge to a grand
jury or anyone else information gained
regarding this distillery in the course of
his official duties. He was backed up in
that stand by the internal revenue collec-
tor here. The state, represented by At
torney General Hart and Solicitor Gen
ersl Miner, fought the case on the
ground that II was never intended by the
national law that a gauger or any other
employe or official Of the government
should refuse to divulge to a regularly
constituted court any information he
might have regarding criminal acts.
Judge Newman took a different view Of
1t, however, and in his decision upheld
Stegall in his refusal to answer. He has
granted the writ of habeas corpus and
given Stegall his full freedom from the
constructive detention by the sheriff of
Dade county
The case came near creating a clash be-
tween state and federal authorities at the
time the habeas corpus petition was filed
in the United States court. For time
Judge Fite refused to recognize the writ
of habeas corpus and finally did SO only
under the advice of the attorney general
that 1t was a constitutional writ and
should be respected.
Now, as a result Of Judge Newman $
decision, Judge Fite has got his dander
up" and intimates In recent interview
that when Dade superior court opens in
March, something is going to happen
Just what it is he does not specifically
state, but there is another government
gauger up In Dade county looking after
the governments interests at the alleged
distillery 1t is reported.
1t may be a part of Judge Fite's plan
to corral this gauger and send him to
jail as he did Stegall And IL he does
those who know Judge Fite say the gov.
eminent will have to send troops after
him before he let's him go another time
State officials regard Judge Newman's
decision as wrong in principle and one
which, II it holds, tends to the covering
up of criminal acts, at least those With
respect to violation OF the state prohibi-
ton law.
For that reason they are going with il
to the higher court that the point may be
definitely settled.
Prohibition Center.
Atlanta is looming UP as a prohibition
center. Last week there gathered herr
some OF the most prominent prohibition
leaders in the United States, including tn
chairman of the national committee ant
IA N ga nd dat "A
in 1908 on the national prohibition ticket
As an outcome of that meeting 1t. II
said state prohibition tickets for governo
and perhaps other state house officers ar
to be put in the field in Georgia and othe
Southern states this year.
Now It is announced that the annua
spring convention OF southern superin
tendents OF national and state anti-saIooi
leagues, will be held in Atlanta this year
IT was understood that this convention
was originally to go to Nashville, bu
the executive committee changed its mind
and has just notified Superintendent J. B
Richards of the Georgia league that At
lanta has been selected Mr.. Richards ha
the committee on arrangements for tn
the committe on arrangements for tn
convention, and has appointed to serv
with him Superintendents Hamilton O
Tennessee Lawrence OF Alabama, Paine
OF Kentucky and Cannon Of Virginia
It Is stated that no less than 100 promi
nent nfi-saloon workers and leading pro
hibitionists will take part in this confer
ence. The conference will last four O
five days. Several governors and con
gressmen are down for prominent part
on the programme.
This conference has no direct connec
ti0n with the meeting held last weei
whose purpose was 10 start a prohibition
party In Georgia
Atlantis Baptist preachers at tkei
uootipg yesterday made < clear that the!
wero not ia sympathy wira the ,moyeman