The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-03-26
a FLASH FROM A CLEAR SKY.
The Latest Move in the Legal Fight for
Coosaw's Treasures--Mr U. K. Brooks
Appointed Temporary Receiver of
the River and its Deposits.
1Special to News and Courier. |


the River and its Deposits.
Special to News and Courier.
COLUMBIA, March 2l.-Tne Coosaw
business has taken L rather Interesting
turn. Governor TilIman received this
afternoon the following dispatch, dated
at Aiken:
I. r. Brooks mas been appointed
temporary receiver. He must come
down on the South Carolina Railway
this afternoon ana we will all meet
him at Branchville. Telegraph your
reply to me. Y. J. Pope, Attorney Gene
raj.
Governor Tillman answered that Mr..
Brooks would 60, and he went. Due
notice will, Of course, be given when
the motion to make the receivership
permanet will be heard. 1t is understood
that the present receiver will take pos
session as receiver and after advertise
ment for bids to 60 to work will let the
successful companies in. 1t was not
explicitly so stated, but there is a notion
that the United States Court injunction
will be ignored, "as it cannot apply in
the new case" The States receiver is
different person from any Of the phos-
phate commissioners, considered as B.
R. Tillman, W. Il. Ellerbe, j. Pope,
J. d. Montgomery, or w. H. Walter,
as they are named in the bill Of injunc
ton.
AS all persons are enjoined from
entering Coosaw it will be interesting
to note whether, when the receiver
goes into the forbidden land, he will be
arrested by the United States marshal
or whether he will arrest the United
States marshal.
1t ought to be very easy to understand
now that Attorney General Pope did
not 90 to Newberry yesterday.
A GENERAL SURPRISE.
The Coosaw question is daily growing
more complicated. The case presents
some new phase almost daily. Even
the lawyers interested in the case are
not surprised at the frequent changes
in the question. Injunctions and orders
are getting to be of frequent occurrence,
and no one will be astonished to hear of
another order in few days.
The new feature of the Coosaw drama
was added yesterday at Aiken in the
Court of Chambers, when Judge Aldrich
appointed temporary receiver to take
possession of the bee of the Coosaw
River opposite to south of Chisolm's
Island.
Attorney General Pope and Mr.. Geo.
S. Mower, who represent the phos-
phate commissioner, were in Aiken
yesterday, and made the application
for the receivership.
The CoosaW people were entirely
unaware of the movement of the
representatives of the commission.
They had no idea as to the next move,
although they expected something
would be done. Mr.. Augustine r.
Smythe, counsel for the Coosaw Com
pany, was in Greenville yesterday, and
the other counsel of the company were
surprised when informed ofthe appoint
ment of a receiver. The true inward
ness of the last move on the Coosaw
chess board is not fully understood yet.
The temporary receiver is Mr.. I. r.
Brooks, of the Secretary of States office
at Columbia. The following is copy
of the official order:
"On hearing the complaint herein
and on motion of the Hon. Y. J. Pope,
Attorney General of the State of South
Carolina, it is ordered:
Il. That the defendants, the CoosaW
Mining Company, show cause, if any
they can, before me at Aiken, South
Carolina, at Chambers, on Tuesday, 7th
April, 1891, at y midday, why they
and all persons claiming under them
and their servants, agents, officers and
employees should not be enjoined and
restrained until the hearing of this
cause from in any way digging, mining
or removing the phosphate rock and
phosphate deposits in the bed Of the
Coosaw River and every part thereof
and from attempting to dig, mine or
remove the same or any part thereof,
and from interfering with, obstructlng,
hindering or preventing or attempting
to interfere with, hinder, obstruct or
prevent any agent Of the plaintiff or
person thereto by the plaintiff or said
board of phosphate commissioners
authorized, from digging. mining and
removing the same. And why fit and
proper person should not be appointed
as receiver to take possession of the bed
Of the Coosaw River opposite to and
South of Chisolm's Island with the
usual powers of receivers in such cases,
pending the final determination of
these proceedings.
,. That in the meantime and until
the hearing hereby ordered the said
defendants, the Coosaw Mining Com
pany and their servants, agents officers
and employees, be and they are hereby
enJoined and restrained from in any
way digging, mining or removing the
phosphate rock and phosphate deposits
in the bed of the Coosaw River as afore-
said and from digging, mining or re-
moving and attempting to dig, mine or
remove the same or any part thereof,
and from interfering with obstructing,
hindering or preventing or attempting
to interfere with, obstruct, hinder or
prevent any agent of the plaintiff or
person thereto by the plaintiff or the
said board of phosphate commissioners
authorized from digging, mining and
removing the same.
3. It is further ordered that Z. R.
Brooks he and he is hereby appointed
temporary receiver of ali the Coosaw
River phosphate territory lying oppo-
site to and south of Chisolm's Island
with the usuafpowers of receivers in
such cases to take possession of, hold
and occupy the same subject to the
order of this Court, and that be make
a report to this Court of all his actings
and doings Hereunder.
+. It is ordered further that copy of
this order be forthwith served upon the
president, or chief manager, or other
principal officer of said Coosaw Mining
Company.
Coosaw matters are so very compli-
Gated that those who are not interested
in the case do not venture an opini.n::