The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-04-09
THE CoosAW CASE IN TWO COURTS.
Arguments at Aiken on the Receivership-
The Case in the Federal Court.
Especial to the State.


AIKEN, April 1.-The rule to show
cause in the Coosaw case was heard
here to-day before Judge Aldrich at
chambers. Messrs. McCrady and Lee
were present, representing the COM
pany, and Attorney General Pope, with
Messrs. Smith, Mower and Robert AL.
drich, represented the State.
The case was called at - o'clock, and
considerable time consumed in reading
the pleadings and return, which were
very lengthy. The complaint has al-
ready been given to the public.
The return set up lack of Jurisdiction
on the part Of Judge Aldrich to hear
the matter, after filing petition for re-
moval of bond on the part Of the COM
pany, and then answering the rule
fully, setting out the facts very much
as alleged in the bill Of the company
brought by them in the United States
Court.
Messrs. McCrady and Lee opened for
the company in we'll considered and
strong legal arguments, fortified by
numerous authorities. Their main po-
sition was that the judge had no power
to hear the cause in the present shape
at chambers, and that the pleadings
raised Federal question, which, after
petition for removal and bond, trans
ferred the whole matter to the United
States Court, whether the Federal ques-
ton raised was good one or not.
The Attorney. General followed for
the State, in loud, bombastic speech,
that might have been made at any po-
litical meeting in the last campaign.
He never opened a book or rocked at a
brief or note of any kind. He said the
State is trustee of the people and will
protect their interests and assert her
sovereignty and authority over the
Coosaw river, If it takes twenty years
to so without dollar of royalty; that a
great revolution is passing over the
country, and great deal of such stuff,
without arguing any law. He certainly
left the legal argument for some one
else. The Tillman administration is
worthy of better lawyer for its legal
adviser.
Mr.. Smith followed in an able argu-
ment for four hours, citing various au-
thorlties combating the position of
COuuSS1 1Ol lllS COIll pduy.
The hearing of the case was adjourn
ed until tomorrow morning, when ar
guments will be heard by Messrs. Now
Grand Aldrich for the State and Messrs.
McCrady and Lee in reply.
What the decision Of the judge will
be no one can tell.
ANOTHER VIEW OF GEN. PoPE's ARGU-
MENT.
Special to the World.
AIKEN, April Mr.. Lee was fol-
lowed by the encouragement, who
directed bis argument in the first place
to the consideration of the act of 1870
and acts subsequently passed on the
same subject, and reviewed at length
the history Of the whole case. His ar
gument was exhaustive and covered
the history of the entire case, and was
as able and lawyer-like and
full vindication of his position assumed
in this case.
TIE CASE IN THE FEDERAL COURT.
Especial to the State.
CHERLEsToN, S. c., April I'm the
Circuit Court of the United States
Court here to-day, the return of the
Coosaw Company to the phosphate
commission, bill for an injunction and
the appointment of a receiver was filed.
When the court met at ~ o'clock
the petition for the removal of the
cause from the State Court to the
United States Court was read, and the
removal bond was passed upon and
filed. In Difference to. q request of At
torney general Pope, the court ordered
the case to be docketed on the motion
docket, without prejudice to either side,
and the hearing of argument postpon-
ed until tomorrow, when the Attor-
RsT! s5zs Sa., vas cl,, sss been N M
S Si$;{a SS sS 5ss
;5ss7rGJ Icy rGJissnsFSl + sHSa expects to return '''N
Aiken.