The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1891-04-16
STORY OF THE COOSAW.
THE FIGHT NOW ON IN THE FEDE-
RAJ COURT.


Unexpected Appearance OF the Attorney
Gcneral-Layfng Out tho Lines Of Bat
tle-The Argument of the Counsel Pro
and Con.
CHARLESTON, S. c., April 8.-Pur-
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 to
show cause why the receiyership Gre
ated by the State should not be made
permanent were begun yesterday morn
ing at IL o'clock.
The Court was opened for the ordin-
ary business of the term at 10 o'clock,
but little was done, as everybody was
waiting eEpectantly for the arrival of
the hour when the cause now so famous
in the judicial annals of South 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 Gen
eral Pope appeared in the Court room
there was some surprise evinced by
thought that he would not have been
able to leave Aiken, where similar pro-
ceedings are in progress before Judge
Aldrich in the State Court. BY travell-
ing in the night, however, Mr.. Pope,
and Mr.. II. A. M. Smith, of counsel,
reached the city, and, accompanied by
Major Julian Mitchell, appeared in
Court before the appointed hour. They
looked rs 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
musty law tones, studying up the
merits Of their position.
IN BATTLE ARRAY.
These gentlemen occupied seats near
the door. while at this other end Of the
table sat the Hon. Augustine Y. Smythe
Mr.. Louis Deb. McCrady and Mr. Il.
w. Bacot, counsel for the Coosaw Min
ing Company. The tables were crowd
ed with law books, and a half dozen in
evitable "green-bags," crammed with
heavy volumes, peeped out from under
the seats Of the opposing lawyers. The
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, who
listened with great interest to the ar
guments as they were presented.
OPENING FIRE.
Judge Simonton was en- the Bench
before II o'clock, and as the hands Of
the big Court clock crept around to the
appointed hour Mr.. Smythe, leading
counsel for the CoosaW Company, arose
and informed the Court that, in obe-
dienee to tho order Of the previous day,
the defendants were present and ready
to proceed.
Attorney General Pope read the fol-
lowing, which was flied with the clerk:
A PLEA TO THE JURISDICTION.
"And now comes the State of South
Carolina, plaintiff above named, by tho
Hon. Y. J. Pope, Attorney General of
the said State, and appear herein for
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 for
BeaufoBs County, and for no other pur-
pose whatsoever. y. j. Pope.
attorney General, State of s. g."
MUTUAL EXPLANATIONS.
Mr.. Pope then called attention to the
remarks Of Mr.. Smythe OH Tuesday, in
which reflection had been thrown on
him for not replying to letter which
it was said had been written to him in
his official capacity. He disclaimed
ever having received such a letter,
either Individually or as Attorney Gen
eral. After mutual satisfactory ex-
plantations between Mr.. Pope and Mr.
Smythe, 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-
quested Mr.. McCrady to present the
argument of the defendants.
MIR. LOUIS DE B. MCRADY.
Mr.. McCrady began his argument
promptly and applied himself to the
points in issue without any introduce
tory flourish Of trumpets or rhetorical
effort.
There were, he said, three tconstitu-
tional questions involved in the cause.
The tenth section of Article ~ of the
Constitution of the United States pro-
vided that no State could by any legis-
lative act impair the obligation of its
contracts. Under an Act Of the South
CdIOllld LcS lSldIuIo a. IdllG ldQ DeCn
made to the Coosaw Mining Company,
under which it claimed an indefinite
and exclusive license, on certain condi-
tions, to mine rock from tho Co0saw
River, opposite to and south OF CHS
olm's island. BY another Act passed
on December 23, 1890, board Of phos-
phate commissioners was created, and
the Act provided that the board should,
on and after March 1, 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 complaint in
the Court of Common Pleas of beaufort
County, asking for an 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 1890. but without the Act the
board would have had no existence.
The wrongs charged against the Coo
saw Company are the wrongs set forth
in this Act, and nowhere else. In this
suit the Coosaw Company has filled a
petition for removal to the United
States Court, and in regard to jurisdic-