By Staff
CONFISCATED LIQUOR Clarke County Sheriff Todd Kemp shows the seven cases of confiscated Maker's Mark Bourbon his department has held since a Mississippi Highway Patrol officer stopped two Kentucky brothers traveling last summer on Interstate 59. Clarke County is a dry county. Photo by Carisa McCain/The Meridian Star
By William F. West / community editor
March 18, 2003
QUITMAN A justice court judge ruled Monday that Clarke County Sheriff Todd Kemp acted properly in withholding whiskey a state highway patrolman seized from two Kentucky motorists last summer.
Judge Mary Gully said the claims of brothers Roger and Jon Burge should be heard by the Mississippi Tax Commission because it is the correct agency to hear the dispute.
The Burges' attorney, Edward N. Kramer III of Quitman, said afterward he didn't know whether his clients would appeal the ruling or take their claims to the Tax Commission.
The Burges had asked the court to force Kemp to return seven cases of whiskey they argue are collectors' items worth more than $1,600. The Burges were hauling the whiskey on Interstate 59 in Clarke County which has a prohibition against liquor.
During the court hearing, Kramer argued before Gully that the Burges were protected by federal commerce laws permitting them to transport items from state to state.
Kemp's side
Gully threw out the complaint after Kemp's attorney, Robbie Jones of Meridian, argued that the dispute was in the wrong jurisdiction and that Kemp acted correctly.
Gully, of Scooba, specially appointed to hear the dispute, issued her ruling after hearing more than 30 minutes of arguments.
Kemp, 40, is in his first term as sheriff and is also a former chief deputy sheriff. He said afterward that he was concerned about his future authority had the ruling gone against him.
James Everett, 68, a part-time deputy and a former police chief of Shubuta, said the dispute has been the talk of the county. Everett was among about 40 people who attended the court hearing.
Case history
The dispute began after Mississippi Highway Patrolman Harrison Cook stopped the Burges on Aug. 24.
Cook cited Roger Burge, 52, of 3518 Historic Drive, Louisville, Ky., with careless driving. Cook cited both Roger and Jon Burge, 41, of 6901 Spourtland Drive, Louisville, with possession of whiskey in a dry county.
Court records show that Roger Burge pled guilty Oct. 1 to careless driving before Clarke County Justice Court Judge Tobey Bartee. But Kramer said the case was withdrawn after he conferred with the patrolman and Clarke County Attorney George Williams.
Bartee said he signed an order allowing the Burges to pick up the whiskey from the Clarke County Sheriff's Department. Kemp said he never received an order.
The Burges filed an affidavit citing the sheriff with contempt, but Bartee said he decided not to act after consulting with state Attorney General Mike Moore.
Kramer said he withdrew the contempt claim on Friday because he decided such an action wouldn't have recovered the whiskey.
Alice Gorman, the state's deputy tax commissioner, said the commission has the authority to either destroy the whiskey, resell it from the state's liquor warehouse or put it up for bidding.