The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1893-03-01
INTO THE SUPREME COURT.
The State Carries the Railroad Case Up
Upon a Question OF Jurisdiction
THE State, February IS.

Inc STATE, FeOruaTy %.
The railroad war has been carried to
the highest court in the land. The at
torneys of the State seem to be push
ing the matter simply in accordance
with the instructions Of Governor Till
man who is determined not to release
"his hold" till the last ditch is reached.
They are going to try to pick some
flaw in Judge Gott's opinion by which
they can get the merits of the original
case heard by the court, failing in
which they will attempt to get the
merits heard in the United States ST.
preme Court, by the slow process Of ap-
peal.
At the same time the State is pre-
pairing in the next few days to make q
motion before Judges Bond and Golf
tor the appointment OF master 10
hear testimony in the original railroad
tax cases in this State SO that they can
get the merits decided upon earlier
than would otherwise be possible.
Yesterday morning Attorney-Gen-
eral Townsend dropped into the city,
having just returned from Washington
where lie has been with Senator 1rby
for the last few days.
Mai. Townsend was seen soon after
he arrived at his Office. He appeared
very much tired out and had the ap-
pearance of man who is Gel tainly
earning his salary.
He said that it had been definitely
decided to carry the cases to the United
States Supreme Court, and that March
9Th had been fixed as the day for the
bearing. 1t will come up as originally
intended on an application for habeas
corpus. ,
"Can you say anything as to what
the basis of the proceeding is ?'
II cannot tell you anything about
what we are basing our fight on just
now, although we haye fully agreed
on our course of action. Messrs. Jones
and Lord, and myself, will assist Mr..
Tucker, who is the leading attorney.
I cannot yet say who will appear at
this hearing save Mr.. Tucker and my
self. Mr.. TuckerI is. now in Washing
ton preparing for the fight. l can say
to YOU that the hearing will be before
the full bench of the Suprne Court, as
it will be in session by that time"
"Will you attempt to have the merits
of the piginal &C ses considered ??
"Of course we would like to have the
merits considered and decided upon,
but that will be matter over which
we and the attorneys Of the other side
will have to fight. At any rate the
question of jurisdiction will be the
leading matter, and it m ~ or may not
be decided that it involves also the
merits"
Governor Tillman had nothing fur
ther to say on the subject yesterday.
It is not yet known who will appear
as the attorneys for the railroads. 1t
is very likely that the same men who
appeared in Charleston will be the
representatives of the roads, and they
will probably be headed by that Wig
orous fighter, Mr.. Crawford.
RUSHING UP THE PAPERS.
THE State, Feb. 2e.]
Owing to the progress of the railroad
war it may be safely said that the AT
torney-General Of South Carolina is
perhaps at this time the hardest worked
official in the State. Till yesterday
morning the Acknowledgement has
not had the chance since last Tuesday
nearly a week ago to remove his cloth
ing and take a nights rest.
For several nights past he has been
working till 2 O'Clock every morning,
and then getting up and and contin-
uing his labor before 5 o'clock. He is
now at work preparing the briefs and
application for habees corpus in the
railroad contempt cases. This brief and
application will over cover seventy-five
pages of printed matter. Attorney
General Townsend says just as soon as
be can set these pap!rs printed he j.
going to furnish them to the opposing
side and the public. They are being
printed in this city. He says be has
nothing to keep secret save his authori-
ties and intends for the opposition to
get the papers before the time for the
opening of the court in Charleston.
The outline Of these papers was made
at his conference with Mr.. Tucker in
Washington and he is celebrating the
rough draft and puttingin the authori-
ties. He expects to get them all from
the printer by Tuesday or Wednesday
of next week. He goes down to Char
lesion armed with proof sheets to get
some dates, etc., from the records of the
United States Court. He expects to
leave Washington next Sunday night,
to appear at the hearing before the
United States Supreme Court. He
does, not know whether or not Messrs.
Jones and Lord will 60 to Washington
to appear, or whether they desire to do
so.
He corroborates the assertion made
that the State would in few days ap-
ply for master to hear the testimony
in the Original tax cases, and saysJudge
Simonton will hardly dismiss the mo-
ton.