The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1893-02-22
The Railroad Cases.

We give much space to the matter In ref
erence to the seizure and levy upon the rail-
road trains for the collection of taxes which
are alleged to be unjust and excessive.
As we believe there is general misappre-
hension as to the merits, or facts in this con-
test, the decree OF the Judges will be read with
interest and instruction by the people.
As we understand the situation, the case Is
about in this way:
The assessment was raised by the Board OF
Assessors In Columbia to figure which the
railroads deemed unjust and oppressive.
The roads thereupon paid the taxes as they
have heretofore done upon the old assess
ment, and refused 10 pay that part which
they deemed unjust and excessive.
The Governor regardless Of the fact that the
property was in the hands Of receivers who
are not authorized, and cannot pay, money
which they regard unjust-without special
Instructions from the court - ordered his
sherifs to seize the trains OF such receivers
as refused to pay the assessment which re-
ceivers claimed to be excessive and unjust.
The Governor, without waiting for the
Courts ~ take testimony, and decide the
question at issue, concluded to diregard the
VI Luc SOuEt, duu SOtl-
trary TO all precedent, by secret circulars or
dered his sheriffs to levy upon the property
and make the money. E.
The Sheriffs, thereupon seized the property
illegally, but even If the levy was legal they
exceeded their authority-even II the taxes
were just and owing-by seizing ten times as
much property as was necessary--the law al
lowing the seizure of only sufficient property
to pay the taxes.
The United States Court holds the payment
of taxes 10 be a paramount duty of the re-
ceivers, but receivers dare not pay any claim
which they believe to be unjust-they would
be unfaithful to their trust If they did not az.
ply for an order or Court in the payment Of
doubtful claims.
THE decislcn OF the Court as published else
where b an able document. clear and explicit
In every utterance, without the lodging of q
single question.
But it does not 60 into the merits of the
question, as to the justice or injustice OF the
assessment, nor does 1t pretend to say whether
the taxes In dispute are excessive or not.
The question OF the Justice or injustice Of
the taxes Is not touched-it decides only that
Governor Tillman must obey the law, just as
common every day citizens are required to
do. Only this and nothing more.
The Court will hereafter decide whether the
increased assessment which Governor Till.
man and his associates have laid on the road
Is just or not.
II the assessment is just, then the roads
must pay. If 1t is not Just. then Governor
Tillman and his crowd cannot use the ma
chinery OF the State to oppress the road.
That is all there is in It,
AS far as We can see there is no occasion 70,
the exhibition idiotic spasms of exultatior
on the one Side, nor is there any reason fol
humiliation on the other side.
We have no doubt that Governor Tillmur
and his associates were perfectly honest In
their belief that the roads should be assessed
at the higher figure. T..
And we are as certain as any one could bt
OF anything, that the roads believed the as
sessment to be too high. . .
Then, with an honest and conscientious
conviction Of right on both sides, should an,
opproblum attach TO the Side which may lose
The only Objectionable thing that we see II
Inc whole matter Is Governor Tillman's SELF
ure OF the property before his rights In thu
">AS oeJouiS<afo ny lue proper au
thority. It was not Question OF might anc
physical force. 1t was question of equit,
and justice that was at issue. If Governor
Tillmans Idea OF using force to settle cues
tions OF right and wrong is to obtain, 1t will
soon be seen that state OF anarchy will pre-
vail when we will have neither law nor equity
TO protect the weaker against the strong
Ihe strong Will decide issues with weaker
neighbor to suit himself Even as the State
itself Is stronger than the railroads, 30 the
railroads In turn are stronger than q single
individual, and again some individuals are
stronger than others.
Every justice.loving citizen should uphold
the law, and should jealously guard the
rights of the weaker as against the oppression
and usurpation Of the stronger
II the governor Of the State may put his
heel on the railroads and crush them, he may,
az soon as the notion takes him, put his heel
on the citizen, and order his subordinates TO
carry out bis will. 1t may be. against the es-
tablished rules Of equity and law.