The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1893-02-22
JUST WHAT HE EXPECTED.
Governor Tillman's Opinion of the Rail-
road Decision-He will Stand by the
Sheriffs if they will Stand
by Him.
THE State. 17th.7

| ue SLdLe, 1itu.
When the news of the decision of the
United States Court in the railroad tax
cases, reached the city yesterday it
caused great commotion, and little
else has been talked of since.
Down at the State Capital it created
more of a commotion than anywhere
else, and the Governor and his Off
cials at once held "blue" mass meet
ing in the Attorney Generals Office.
They appeared to be somewhat dis
concerted at the result, and evidently
did not expect such an out-and-out
decision from the Court. The Governor
walked up and down the Attorney
Generals office and thought the situa-
tion over before he would say anything.
Attorney-General Townsend, who had
just returned from Charleston, seemed
to be worn out and down hearted by
the turn affairs had taken.
The outlook for the future is not so
bright for the State, so leading attor-
neys say, and there is a grave question
as to whether the United States Su-
preme Court will overrule the lower
Court. The mere fact that Judge Golf
was on the beach gives rise to the belief
that the Supreme Court will not 60 be-
hind the contempt to examine into the
legality Of the order which was dis
obeyed, thus considering the merits of
the whole tax matter.
Governor Tillman evidently has very
little confidence in the United States
Supreme Court considering the merits
of the tax cases, and reversing the
decision Of Judge Gof, as a perusal Of
the closing paragraph of his interview,
published below, will show.
In the meantime the Governor is not
going to let the Sheriffs pay the fine,
but will require them to remain in
Jail.
GOVERNOR TILLMAN'S ATTITUDE.
Governor Tiilman made up his mind
early yesterday morning that there
was no chance of winning in Charles
ton, and as soon as he came down to
his Office sent the following telegram,
which be says fully explains his inten-
tions as to the future:
Hon. Ira B. Jones, Charleston:
Anticipating adverse decision and
order of imprisonment or fine unless
sherifs release property I say we must
fight it out on habeas corpus and by
appeal. If not jailed or committed
pro jornaa, and We can release without
weakening our case, do so. Prepare
papers and let me know what lawyer
at Washington should be retained to
assist you. Order sherifs and treasurers
to stand firm and we will see them
out harmless.
B. R. TILLMAN, Governor.
| WV 11LLnAN IALhS.
Gov. Tillman was found in the Office
of the Attorney-General talking over
the situation with his legal adviser and
other State officers, and told the result
as telegraphed to the city about l
o'clock.
When asked if the decision was a
surprise to him, he said II have been
looking for such a decision since week
before last" The State was prepared
for the emergecy, and its pleadings had
been prepared with a view to further
proceedings in the higher-Court.
"Well, Governor what is your opin-
ion of the matter?'
"Ihave already expressed my opinion
on the interference ofthe United States
Court with our tax matters. It can only
be attributed to tyranny or Ignorance,
even If lawful" The Governor went
on to say that the cases would be i'm
mediately taken to the United States
Supreme Court under habeas corpus
proceedings, which would bring up the
merits Of the case just as was done in
the Aver case in Virginia. He lays
small stress on the Circuit Courts de-
cision, and says be is going to fight
the matter out of the bitter end, and
that it will take a higher Court than
that of Judge Simontons and Golf to
stop him. The decision, he claims, is
exactly what they wanted.
When asked what would be doneif
the sheriffs paid their fines to avoid
further trouble to themselves, Governor
Tillman said he did not think any of
his men would finch. II expect every
one of them to go to Jail and I haven't
the slightest doubt but that they will
all stand firm. Even If they do, have
some sheriffs in the State who will
volunteer to stand to me and go to jail.
I have no uneasiness whatever, we will
appeal and we hope to get an immedi-
ate hearing, for the Court stays in ses-
sion till. April. The Supreme Court
will be obliged to 60 into the merits OF
the case. If they decide that Judges
Simonton and Golf have jurisdiction,
then the sheriffs will have to pay up.
The Court, when the habeas corpus pro-
ceedings are brought, will, under the
rules, have to 60 back, and decide
whether the order which it is found has
been violated is legal or not. This brings
up all the merits Of the case. If they
have to decide on the question or juris-
diction then they will have to 60 into
the merits.
"The whole question resolves into
the plain proposition I have already
pointed out, whether or not property
in the hands of receiver can be forced
to pay its taxes just as any other in.