The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-07-17
THE COURTS YESTERDAY.
United States District Court

trlct Court before Judge Bryan.
Mr.. Corbin, counsel for the petitioner, pre-
sented In evidence the annual reports %: lne
president and general superintendent o. tne
road during the year 1871, which showed tnaI
the gross earnings during that year were
s457. IA 80; expenses s447,26s 7S, leaving Tue
net earnings only sss75 o.. The debt OF tne
company was stated as follows: Bond
ed debt sl,s5s,635 l3; hoatng oeo'
sa5l2sl 81: total debt s2,4os,s97. Ine
renairs. &C., necessary to put the
road and machinery in good order were esti
mated at s46G,0O0, and with Such repairs IL
Was Estimated that the road could be run for
40 ner cent. of Its gross earnings, but without
them the entire earnings would be absorbed
in the expenses. Mr.. Corbin also produced
the records of judgments by default obtained
against the GreenviIle and Columbia Railroad
Company, for past due interest In suits brought
by John D. Caldwell for s2439 20, E. j. Scott,
son 4; Co., for s466 SO; VIM. q. Hays, for
SAG CT: John T. Rhett, for 5000 72, and David
Gamble, tor 1882; which Judgments had not
been paid by the company, but some OF which
had been sold and assigned to third parties.
Colonel James P. Low, chief engineer OF the
Blue RIdge Railroad, testified as TO the condl-
tion of the Greenvie and Columbia Road,
having examined It some time ago. He
thourbt the statement OF the general superln-
tendent fair one, and that, with the neces-
sary repairs, the road might be run at on ex-
pepse OF sixty per cent. OF the earnings. Iae
business of the road might be expected con-
stantly to Increase with proper management
Mr.. w. j. Magrath was next examined. he
testified that he had been the president OF tne
Greenyille and Columbia Railroad Company
since January l, 1872. He read q document
presented by Mr. Corbin, which purported to
be statement of the Indebtedness OF that
company to the Commercial Warehouse Com
pauy for loan negotiated by d. q. Kimpton,
the financial agent of tine company. He said
the company had not paid the demand, be-
cause they did not recognize the debt. Tnere
were three reasons for not recognizing the
debt: First, because the contract was signed
by John j. Patterson, as vlce.presldent, and at
the time 1t purported to be eexecuted the presi.
dent of the company was In Columbia, and
performing the functions of bis office; second
because the proceeds of the transaction were
never transmitted to the GreenVllle aud Co
lumbla Railroad Company, at Columbia and
third. because of the eXorbitant Interest
charged, which was at the rate Of thirty-se7en
per cent. per annum.
The counsel for the petitioner not being pre-.
pared with other testimony, the court ad-
Iourned until this morning.
The Mclaughlin Case.
The case of County Commissioner NC
Laughlin, who was Imprisoned upon the order
of Judge Lee for alleged contempt of court,
was resumed yesterday afternoon before Chief
Justice Moses, in tho Common Pleas room of
the County Courthouse, In presence OF anoth-
sr large crowd OF interested spectators.
Solicitor Whfpper continued bis argument
In opposition to the release of the prisoner, and
in reference to the right of Judge Lee to Issue
the order to Mr.. Mclaughlin at chambers he
stated that the only order In the case which
was Issued at chambers was the one of May
II, In which Mr.. Mclaughlin was directed to
turn over certain checks In his possession to
the clerk of the court. The rule to show
cause why he should not be attached for con-
tempt In disobeylng that order and the rule Of
attachment were both Issued during the term
of the court, and, therefore, he argued were
legal and regular, even If the first order we're
not
Mr. Corbln, of counsel for the prisoner, said
that in all proceedings by court of limited
Jurisdiction the court has TO show In the hrst
place, upon the face Of Its process or order,
that the subject matter is within its jurisdlc'
ton. In this case the court clearly had no
power In the premises, for it was created and
defined by the statute as simply "an inferior
court for the trial of criminal cases." The
Judge of that court had only such authority as
was distinctly vested in atm by the statute,
which was simply the authority to try crlml-
nal cases and the necessary powers 10 carry
his authority into effect, but only such power
as ls Incidental to the trial Of criminal
cases in court. Outside Of his court
room he had no more authority than
any other citizen. There was no Indictment
against Mr.. Mclaughlin; nothing but very
stupid presentmeRt OF the grand jury, by
which they had made great fools OF themselves.
On this Judge Lee issued an order to another
officer of this county to bring certain checks
and deposit them with the clerk Of the court.
Those checks were part OF the records OF
the county commissioners office, and Judge
Lee had no more right to order them out OF
their custody than he had to order the money
10 the custody of the county treasurer to be
deposited with the clerk Of his court. If he
had been sitting In court, he would have no
right to issue such an order, because 1t was
not in criminal case. That was the return
made to Judge Lee. Mr.. Mclaughlin came
into court, and, through his counsel, said, In
the most respectful language, to the Judge,
'sYou have made mistake. That order has
been improvidently issued, and I have no au-
thority to comply with It," Whereepon Judge
Lee Instantly sent M. Mclaughlin to jail, and
even told the attorney to sit down, and re-
fused to listen to him. He would not attempt
to characterize such conduct on Judge Lees
part, but he had no doubt that every man who
heard of the case would very promptly charac-
terlze it. Mr.. Mclaughlin had no right to
obey the order, because the law says that no
checks shall be issued unless there be money
In the county treasury to pay them, and if he
had obeved the order he could have been In.