The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-04-05
CAROLINA's TAX CASES.
The Whole Day Devoted 20 Argument
Before the Suprems Court.

WASHINGTON, April 4.-W hat are known
as the South Carolina railroad tax cases
occupied tho time and attention OF the
supreme court of the United States today.
They came up on q petition Tor writ Of
habeGs corpus in behalf Of three county
sheriHs WHO are constructively in jail bv
order OF Judge Simontou Of the United
States court In South Carolina. N. w.
Riser, NJ. V. Tylor and NJ h. Gaines.
The controversy out OF which the present
proceedings grew precipitated q CON
tiic.. between the state and fed
eral authorities, which at one time
took on very serious phase, hut the shed
ding OF blood was averted. The c!rcum-
stances briefly were these; The Richmond
and Dauville railroad was in the hands Of
receivers appointed by the United States
court; certain county officials, in their eff
forts to collect state taxes seized the prop
ertV of the railroads, stopping trains in
some cases. The sherifFs engaged in this
work were ordered by the Uuited States
court to release the property, bus several Of
them ignored the mandate OF the court They
were then brought before the court charged
with contempt in failing to obey its orders
All hut Riser, Tyler ami Games purged
themselves of contempt. They petit
| toned for release on writs OF habeas
corpus and the rule was made returuuhlo
to-day The controversy includes several iU-
portaut questions Of federal aud state iuris-
diction over property subject to local taxa
tion but operating under orders from the
United STATES court. Because Of the hnpor-
tauce OF the case the court gave each side
| t"o hours for argument instead OF one, the
usual limit, which exhausted the entire sit
ting of the day. For the petitioners nom
lnaliy, but really for the state au horities.
argument was made by Ira B, Jones and }.
Randolph Tucker of Virginia, aud for the
receivers OF the railroad and to sustain the
auth )rIs es of the federal court Hugh l..
Boud, ar, attorney Of the Richmond and
Danville, and joseph W Barnwell.
TUCKUR's MAsTHRLY $ PErcH,
Discussion OF the constitutional features
of the case was largely left to MIR Tucker,
and during the hour that he spoke he en-
gagged the attention Of the court and of the
other occupants Of the chamber to nn I'M
usual degree He addressed himself mainly
10 maintaining tho position tnat the pro-
ceedings IN the federal court were in effect
the proceeding against the state of South
Carolina, and that this was prohibited by
the eleventh amendment to the constitution.
Mr.. Tucker reviewed the historical features
Of the case, illustrated the princiules OF law
instituted by quotations from decisions Of
The supreme and state courts and closed
with 8u earnest and impressive
appeal for recognition Of the right of the
state to determine for herGeif, and in her
own tribunals, whether or MT certain
taxes are just and EQUITABLE or not, and for
protection against the exercise of power TO
compel her to come into federal court and
submit TO a hearing, or have a case decided
without her having been heard MIR.
Tucker was warmly greeted at the close of
the argument by q large number Of South
Carohnians, VINO had assembled to hear
him.