The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1910-02-09
State Judge Criticises Federal Judge for
Usurpiag the
RIGHTS OF THE STATE
Says United States Commissioner Of
Internal Revenue Can't Run Geor-
gia-Crticises Federal Judge fer
Going Back on Principles Which
Ee Fought for rs o Confederate.

Deciding to personally look after
the States interest il his fgh. to
close the Curs:or dist!llery a. Rising
Fawn. which has resulted in clashes
with the Federal authorities and the
arrest o. two government officials.
Judge A. W. Fi,e Of the Superior
Court arrived at Trenton. Ga. on
Wednesday.
Accompanied by Solicitor r c. NIL
.er, he convened court for the prelIn
mary hearing OF United States Store
keeper and Gauge. Ben C. Thompson
arrested st the distillery on the
charge Of resisting State oAcers.
Thompson was bound over IN the
sum OF $500. for his appearance at
the mex: :e-n OF the Dade County
Court
The court took the stand that from
the evidence Thompson pleaded gull
y OF violating the prohibition laws
Of the Sta,e. which prohibit the man
uczcture o: whiskey asd that Co!lec-
| 20. OF Internal Revenue Rucier aad
every other person aiding in the
manufacture G: whiskey is guilty OF
the same oSense.
'I cannet anticipate what action
tho Federal court will take IN this
case" said Judge Fite.' but intend
to see that my court Is protected to
the las: stand
| Commenting on United States
Judge Newman's attitude in the dis
ou,e over State and Federal jurtsd!c
ton in the Crretoa Dis!llecy case
Judge FS.e said:
II do not wish to criticise Juds.
Newman harshly. but will say taa'
II consider his decision Il the Ste
gall case ss folly. rsurpa;!on AL 'yr
AMY He is an excellent gentleman
and an able judge and !s generally
levelheaded. bu. IN 4 wh!skey cas-
Involving questions OF States' right:
and Federal as.TessIoas he goes r
the Yankees and tries to scratch on
With his pen that which be o1c'
CALAMITY defended with his sword.
In the d-st place the States aeve
| have delegated to the genera! grow
ernneac power to regulate their IN
eernai at.aIrs or 20 control the!
courts in administering their laws 1;
conflict with the Federal constitution
| X Congress had such powe. IL couit
aot delegate 4 to "a oEcial. nor !:
my opinion has any onciai eve
meant or attempted to exercise sucl
power. though some judges seem t.
think 50 and use this for federal ag
grandisenent
"It k true there are some 7egu
l.t!sns prohibiting officials from di
vulgsns the kinds OF apparatus. meth
DDS and the like. but these do 40
and cannot apply to court proceed
!ns.. either State or Federal.
"All legitimate manufacturers Q
vh!sSsy advertise their business AM
the branda and kinda OF wh!ake,
manufactured and Cu.eton cid 80 On
I'll he went into the government vilt
cat business and there is no law I:
reason or common sense 20 proven
Al Official from telling It, either il
] court Or out OF T. For court Il
hold to the contrary. repeat, 10 I'll
~. usurpatioa and tyranny.
Think O: little conm!ssioa.r e
internal revenue In W,slIng. sa iss':
ing rules having the same force n
an enactment itself and thus con
trolling the courts OF sove.ig.
state. II is enough to make job!
Marshall turn over II his scave. snc
the founder Of this republic to .is'
rom their graves II rage and NUT
tov"