The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1892-07-27
THE CASE GOES UP HIGHER.
Especial to News and Courier. /;

Especial to News and Courier.
COLUMBIA, July 2l.-It was ascer-
tanned here to-day that the State had
recently made a petition for an appeal
to the United States Supreme Court
from the order of Judge Simonton
overruling the demurrers and granting
an injunction in the various railroad
cases, as applied to the cases as the
Northeastern and Central, of South
Carolina roads, against the county trea-
surers and sherifs. This order is the
one which appeared in The News and
Courier a few days ago, and shout
which so much is being said. Thenews
comes positively that the petition Of
the State has been allowed.
The State thinks that these two cases
of the many that they have now in
Court are the weakest for the railroads,
not upon their merits, but upon techni-
cal points. This new move is based
principally on the technical error re-
ferriDg to the fact that cases in which
the amount involved is not more than
$1,000 cannot come under the jurisdic-
ton of United States Court. It's mere
ly an effort to separate the cases which
now come up in punched shape before
the Courts. g 49,.
The following is the assignment Of
errors claimed by the appellant:
l. That the Court erred in overruling
the demurrer to the Jurisdiction ofthis
Court, because the matter in controyer-
sy between the complainant and the
several defendants was several and not
joint, and the amount involved in each
controversy was less than $1,000.
: 2. ;Becauze the complainant is cor
poration created by the laws of the
State of South Carolina, and the defen-
dants are all citizens of the State of
South Carolina and the suit does not
presenta real and substantial dispute
arising under the Constitution of the
United States. ,..
8. Because the Court erred in holding
that the complainant had not q COM
plete remedy al law, and was entitled
to equitable relief whereas it should
have held that the law of South Caro-
lima gave remedy simple, efficient and
sufficient. .-.. ..-..:
4. Because the Court erred in over
ruling the demurrer interposed on the
ground that the plaintiff was not entit-
led to the relief prayed for. ... !.
5. Because the Court erred in order
ing and decreeing that any Injunction
could or can be granted in this action,
whereas it is respectfully submitted
that the complainant had failed entire
ly to show caase of action emitting it
to invoke the equitable Jurisdiction Of
the Court, and the bill should, therefore,
be dismissed. ..-.. -. :.
One of the leading counsel in the
case says that this course of procedure
on the part of the State is very accept
able to the railroad companies and
goes through to the Supreme Court as
"of course" In any event, he says it
must delineate several issues which
would involve much trouble and ex-
pense in the taking oftestimony. The
cases of all the other roads under the
order of Judge Simonton from which
this appeal is made will have to stand
over low until these two cases are
heard. The cases will come up, there
fore, before the United States Court in
November next, the States at 'orneys
having promised the railroad COM
panies to join in petition for advance
ment upon the docket to insure aspeedy
determination owing to the import
ance of the settlement of the mat
ter. s