Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-04-25
THE RIGHTS OF STATES.
Chief Justice Fuller Discusses the hide
pendence OF Coordinate Branches OF tn,
Government.

Chief Justice Fuller Discusses the Inde-
pendence of Coordinate Branches of the
Government.
The South Carolina tax cases were passed
upon by the Supreme Court Of the United
States Yesterday. the opinion being delivered by
Chief Justice Fuller. /. came up on the petit
ton of Sheriff Tyler of Aiken county for a
writ of habeas corpus to release him from i'm
prisOnment under the Judgment Of the circuit
court of the United States that he be fined
$500 for contempt. He had seized a train on
the South Carolina railroad upon warrant
issued by the state authorities for the collec-
ton of taxes. which were in controversy.
The road in the hands Of receiver ap-
pointed by the United States court and he was
adjudged guilty OF contem.t for failing to re-
lease the property under order Of that court.
he came to the Supreme Court for relief.
Justice Fuller read an opinion containing
much stronger language than is usually found
in such documents. denying the application OF
the petitioner for the writ He said the seizure
of the property by force was brutal and could
10. be defended. The claims of the state for
taxes not superior to the general rule.
which makes property placed IN the hands OF a
receiver subject TO the orders OF the court.
they are to be determined in a regular way and
in the proper manner The action OF the cir
cult court, Chief Justice Fuller said, was in no
sense an action against the state OF South Caro-
hns, which. 1t was concluded, could not be
maintained under the eleventh amendment to
the Constitution In conclusion he said the
circuit court equipped with the fullest
power to protect its dignity and to enforce its
mandates, and its use OF these powers In the
Case in point could not be reviewed here.
Therefore the petition for a WIFI Of habeas
corpus was denied.
The same judgment was announced in the
eases OF Sheri1fs Riser and Gaines VINO came 10
the Supreme Court of the United States with
Tyler tor relief
GOVERNMENT OF CHICK AND BALANCES.
In the course of his opinion Chief Justice
Fuller said: The general doctrine that prop
erty in the possession OF a receiver appointed
by court is in custodia legis. and that uuau-
thorlZed interference with such possession is
punishable as a contempt. I5 conceded, but IL 10
cOntended that this salutary rule mas no appli-
cation TO the collection OF taxes. Undoubtedly
property 50 situated is not thereby rendered
exempt from the imposition Of taxes by the
government within whose jurisdiction the
property -. and the lien for taxes "a superior
To ali other hens whatsoever, except judicial
costs, when the property is rigltfuily in the
custody of the law, but this does not justify a
physical invasion Of such custody and a wanton
disregard Of the orders Of the court In respect
10 IL The maintenance Of the system Of checks
and balances characteristic of republican in
situations requires she coordinate departments
o. government, whether federal or state. 10 re-
Tram from the infringement Of the independ-
enee Of each other. and the possession OF prop
erty BY the judicial department cannot be
arbitrarily encrOached upon. save IN violation
o. this fundamental principle