The times. [volume] (Richmond, Va.) 1890-1903, 1893-11-29
ESSENCE OF TYRANNY.
TILLMdN IN his MESSAGE SCORES
IHE FEDERAL JUDGES.
Their Action in Respect to Railway Re-
oeiyerships Ia Practical Government
Ownership OF Railroads, lie Says.

the session will be of unusual Importance
Hitherto the custom of that body has
been to adjourn early on the morning
Of Christmas eve, but so many impor-
tant measures claim the attention Of
the Legislature, that ii is more than
probable the session viii run into next
year. South Carolina's experiment IN
legislative dealings with the lquor evil
is famous al. over the country, and
thousands are We tchng for the outcome
OF TIE attempt 20 reduce the evils OF
liquor selling by having the state sell
liquor. The dispeDsa.s law has given
much satisfacticp but IL was passed
hurriedly In the closing hours OF the
last session and Is not perfect. The Cen
eral Assembly viii perfect il by various
important additions, which will decrease
the chance OF evading the law, and " III
increase its benefits.
Nay Il woke Hallway Charters.
The United States Court has denied the
authority Of the State 20 collect taxes
from railroads in the hands Of receivers.
The Assembly is inclined to take the
bun by the horns by anLJiling the
charters Of roads which have thus de-
fled it's authority.
Tie terms Of one Supreme Court
Justice and five Circuit judges expire
during this session Of the General As
sembly. Lawyers from the ranks Of TIE
dominant element Of the Democratic
party, IT is expected, viii replace men
on the bench.
Governor Tillmans message TO the
General Assembly is an unusual dOcu-
ment for a message. 10 was read IN
both House and Senate shortly after
they met.
Tinman Uses Plain Language.
The Governor discusses with vigorous
language and al great length the Cecis-
ions Of the United States Supreme Court
and the Circuit Court on the conflict of
Jurisdiction I'm regard 80 a seizure made
by a State constable upon q railroad
which was in the hands Of a United
States receiver appointed by the Court.
In the course of his remarks he says.
There is no law for this unwarranted
interference on the part Of the United
States Court; there is nothing I'm the
United States Constitution - warrant 81.
The authors Of that instrument never
dared TO set up any such claim. ana the
court only obtains it by "A viol ent assump-
tion Of power which Is the essence of
tyranny. That il has required a century
for judicial insolence to go so far IS suih-
cient proof that it has no basis N law
or Justice. and could only spring from
that perpetual grasping after more power
which has characterized the judge of
the United States Circuit and Distri
Courts. one by one the reserved rights
Of the States are being absorbed by the
Federal judiciary, and IL is high time for
Congress TO take the matter IN hand. and
by express limitations restrain the un-
licensed and iniqditOus powers exercised
by the courts in this matter of receiver
ships.
Government Ownershib of Railways.
There is talk in some quarters. and
growing demand for government owner
ship Of railroads: for these corporations.
whether In the hands OF receivers or of
the owners themselves have found such
ready and willing tools among the Federal
judges, who are ever ready 10 stand be-
tween them and the people. in their
efforts TO restrain them within reason
able bounds, that no other mode of re-
lief appears possible. This IS not q desira-
bic solution Of the problem. and do not
advocate IL; because such control would
almost inevitably be used as an engine I'm
elections by the use OF employee at the
in power. The mere idea is repugnant To-
a republican form OF government. Hut
those who manipulate and control these
corporations, and who grow rich On
robbng the people through them, such
men IN particular hold up their hands I'm
horror at the mere idea Of government
ownership. But what have we On the
United States at this timc2 What is
the condition of q large number Of these
ff..ts. "a
railroads. One-flfth Of The total mileage in
the United States. and representing "a
capital OF more than S1.fl0OJO.00J are to-
day i'm the hands Of receivers. VINO are
but the servants or partners Of the Judges.
We have here government ownership or
control (at least In effecD. the most
absolute and irresponsible that IS pOssi-
ble to exist. The Federal judiciary, with
out any statutes on the subject, or com
paratively few limiting or defining their
powers. control one-ifth OF the railroads
in the United States. with responsibility
to anybody: without any one 20 overlook
them or their agents. the receivers; with
out any accounting TO be had for the
millions aad hundreds OF millions OF dol
lars OF these wards In chanCery." is-
suing receivers certificates. which are
preferred liens on property. impris0nng
the States officers when they attempt 20
collect taxes: arresting our cOnstables for
the slightest interference even with
freight they haul; bargaining with the
receivers for the employment OF kus-
people or favorites and Congress sits
idly by watching this more than Russian
absoluHsm, with seeming indifference I.
uuhOly marriage between the dignity %.
the Federal Court and these karlot corpO-
ratious must be annulled. and the owners
of bonds made 10 understand that there
is a point beyond which the patierce Of
the state will not permit them 10 20.
sufferers Fron, the cyclone
"The 9th Of August last witnessed the
most disastrous storm and tidal wave on
,he coast. from Beaufort 20 Charleston,
If which our annals have any record.
rhe number OF lives lost is unknown
but 1t was considerably over thousand. |
ana there was a total loss OF crops on
he more exposed islands all the way from
Johns Island TO Hilton Head. All the !
houses were also blown down CT washed |
away. and the people would have long !
since succumbed 70 starvation but for the |
imely assistance and charity rendered |
~ our owl people. and those living !
abroad. The management Of the work OF |
elef was taken in hama by local COM |
aittees but. believing that methodical |
BUSINESS arrangement and experience |
we're better, Miss Clara Barton, OF The |
Red Cross Association, with her lieu |
enaDts. was asked TO take charge OF II. !
md this noble lady. with her corps Of |
assistants. has been on the grounds since |
he Goth Of September labOring in the |
ause of humanity The extent Of the |
isaster cannot be understood except by |
,ersonal inspection. The question of re-
\ II. l.