The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1891-04-15
STORY OF THE C0OSAW.
THE FIGHT NOW ON IN THE FEDE-
RAJ COURT.

Unexpected Appearance of the Attorney
Gensral-Lay ing Out the Lines Of Bat
t,o-The Argument OF the Counsel Pro
and Con.
CHARLESTON, S. c., April S.-Par-
suant to the order issued by Judge
Simonton in the United States Circuit
Court on Tuesday, the proceedings on
the order to the CooSaw Company 10
show cause why the recelversh]p ere
ated by the State should not be made
permanent were begun yesterday morn
ing at II o'clock.
The Court was opened for the ordln-
ary business of the term at 10 O'Clock,
but little was done, as everybody was
waiting expectantly for the arrival OF
the hour when the cause now so famous
in the judicial annals of Soath caro-
lima. should be argued. The opposing
counsel appeared in Court a few min
utes before II, and taking their seats
at the long table just in front OF the
clerks desk quietly awaited the hour.
When the portly form of Attorney Cen
eral Pepe appeared in the Court room
there was some surprise eyinced by
many persons present, as it had been
thought that be would not have been
able to leave Aiken, where similar pro-
ceedings are in progress before Judge
.Aldrich in the State Court. By traveN-
ing in the night, however, Mr.. Pope,
and Mr.. H. 4. NJ. Smith, Of counsel,
reached the city, and, accompanied by
Major Julian Mitchell, appeared IN
Court before the appointed hour. They
looked as fresh and ready for another
hard DAYS work as if they had been on
weeks holiday, instead Of being en-
gagged in burning the midnight oil over
mnsty law tones, studying up the
merits Of their position.
IN BATTLE ARRAY.
These gentlemen occupied seats near
the door. while at the other end OF the
table sat the Hon. Augustine I. Smythe,
Mr.. Louis Deb. McCrady and Nj: l.
W. Bacot, counsel for the CoosaW MIN
ing Company. The tables were crowd
ed with law books, and half dozen m
eyitable "green-bags, crammeo Win
heavy volumes, peeped out from unGer
the seats of the opposing lawyers. Inc
counsel on both sides were evidently
ready for heavy work.. and each was
prepared to meet promptly any point
that might be raised by the opposing
attorneys.
There was no crowd in the Court
room. The arguments were supposed
to be dry and technical, and the general
public took but little interest IN them.
There were, however. several members
of the Charleston Bar present, VINO
listened with great interest to the ar
guments as they were presented.
OPENING FIRE.
:Judee Simonton was on the Bench
before II o'clock, and as the hands OF
the big Court clock crept around 10 tne
appointed hour Mr.. Snythe, leaolng
counsel for the Coosaw Company, arose
and informed the Court that. IN ooe-
dienee to the order of the previous day,
the defendants were present and reaoy
to proceed.
Attorney General Pope read the fol
lowing, which was flied with the CLERK:
A PLEA TO THE JURISDICTION.
sAnd now comes the State OF South
Carolina. plaintiff above named, by the
Hon. Y. J. Pope, Attorney General OF
the said State, and appear herein for
the purpose only OF contestlng the
jurisdiction of this Court over the
above mentioned cause, and the Legality
Of the attempted removal OF the same
from the Court of Common Pleas Tor
Beaufort County, and for no other pur-
posa whatsoever. Y.J. Pope.
attorney General, State of 5. g..
ANATIONS.
Mr.. Pope then called attention to the
remarks of Mr.. Smythe on Tuesday, IN
which reflection had been thrown on
him for not replying to letter Wnlcn
it was said had been written TO MIN ID
his official capacity. He disclalmeo
ever having received such a letter,
either individually or as Attorney Gen-
ersl. After mutual satisfactory ex-
plantations between Mr.. Pope and MI.
Smvthe, the latter gentleman called at
tention to the fact that the paper intro
duced by Mr.. Pope raised Immediately
the question Of jurisdiction, and re-
ouested MIR. McCrady to present the
argument of the defendants.
MR. LOUIS DE B. M'CRADY.
MIR. McCrady began his argument
promptly and applied himself to the
points in issue without any introduc-
tory flourish of trnmpets or rhetorlcaI
effort.
There were, he said, three :constitu-
tional questions involved IN the cause.
The tenth section of Article ~ OF the
Constitution of the United States pro-
yided that no State could by any legis-
.latiYe act impair the obligation OF its
contracts. Under an Act OF the South
Carolina legislature grant had been
made to the Coosaw Mining Company
under which it claimed an indefinite
and exclusive license, on certain cond!-
tons, to mine rock from the CoosaW
River, opposite tc and south OF CHS
olm's Island. BY another Act passed
on December %, 1880, a board Of phos-
phate commissioners was created, and
the Act provided that the board should,
on and after March /, 1891, take pos
session of the CooSaW territory, and
further authorized the board to issue
licenses to other parties to mine in this
river. On the 21st of March the State
of South Carolina fled a complaint IN
the Court of Common Pleas Of Beaufort
County. asking for ali Injunction re-
straining the Coosaw Company from
asserting its rights to the territory and
from mining rock within it. There is
no reference in the complaint OF the
Act OF 1880. but without the Act the
board would have bad no existence.
The wrongs charged against the Coo
saw Company are the wrongs set forth
in this Act, and nowhere else. In this
spit the COOsaW Company has filled a
petition for removal to the United
States Court, and in regard to jurisdic-
Jion it must be shown by the defen-
dants that there is Federal question
involved. Is the petition for removal
pleading. and can a Federal question
be set forth in that petition?
In support of his position MIR. Nc
Grady quoted numerous authorities,
among them the Gold Washing and
Water Company VS. Keys, IS L. S, page
2O2, which he referred to several times
in the course of his argument and read
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