The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1893-02-22
Facts of the Rail Road War.

is in statu quo an Ibis end OF the line TO-
day so far as thu merry war between the
United States court and Governor Till
man is concerned. There is no weaken
ing on the part of any of the State house
authorities, and the sheriffs are still hold
ing on to what they have. The only symp-
tom of the rail road tax fever to-day is
that the administration pulse is perfectly
normal, and anxiously waiting to see
what is going to be done by the court
which is guided by either "tyranny or ig-
norance."
The treasurer of Anderson county tele-
graphed to the comptroller general to in
quire what he should do with the prop
erty that is being held. The message was
referred to the attorney general, who In
structed the treasurer to hold on to the
property. The general opinion up here
is that the next move will be for an order
from the United States courts instruct
ing county sheriffs to release the property
in the hands of the United States courts
through receiverships.
There seems to be a cry general mis-
understanding about the cases which are
causing the conflict of authority. There
are many who suppose that the Rich
mond d. Danville system and the South
Carolina railway, against which the mis-
chief making executions were Issued
have not paid any taxes. This is mis-
take these and other roads have paid their
taxes on the same basis as they did last
year. 1t is only for the disputed part of
the taxes plus the penalty that execu-
tions have been issued.
The Richmond d Danville system paid
its taxes on the basis of the returns it
made. The State holds that it has to pay
tha entire amount on the basis of the as
sessment as made by the State board of
equalization, and the present trouble
is caused by the authorities trying
to force the collection of these diff
ferences between the basis of payment
and what the State contends ought to be
paid.
The State officials hold that the recent
decision of the United States court in
dismissing the Central and Northeastern,
rail road cases for want of jurisdiction,
because the amount involved was not
$1,000, establishes the right Of the State
to collect the difference in dispute with
out further recourse to the law. In all
cases where the amount involved is over.
$1,000 it will be noted that the admins
tration is not taking any steps, but ad-
mits that it has no authority to act in
such cases where the amount is over the
$1,000 limit.
It is to be remembered that the merits
Of the right to collect this additional tax
have never been decided by si.s United
States court. The rail roads claim that
the State has no constitutional right to
collect this difference, while the State by
its acts contends to the contrary. The
rail roads have paid their taxes as usual,
and the tempest is now being raised over
the difference between that already paid
by the rail roads and that fixed by the
State through what is called its arbitrary
board of equalization.
The fact that the rail roads through
their insolvency are in the hands Of re-
ceivers and the courts is merely an acci-
dent so far as the present status is con-
cerned and has nothing to do with the
merits of the case. The rail roads claim
that as long as they are in the hands Of
the United States courts they cannot pay
out any money except through its orders,
and that not having received any orders
to pay this difference in taxes they cannot
and will not do 80. AS soon as the feder-
al courts see fit to order the taxes paid
the receivers will do so. The State au.
thorities have not seou fit to ask for this
difference through the federal courts, but
instead are levying on the property in
the counties where the amount is under
$1,000.
The Port Royal d Augusta. Port Royal
& Western North Carolina e. Charleston,
Sumter & Northern cases are not parallel
with those Of the South Carolina railway
and the Richmond q Danville system, as
the former had not paid any taxes at all.
Governor Tillman to-day was in commu-
nication with his deputies along the line
of the Charleston, Sumter & Northern in
structing them not to obstruct the line Of
travel and to give the officers every op-
portunity to settle with the State.-Ne1OS
and Courier.