The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-02-17
CAROLINA'S TAX CASES.
THE FEDERAL COURT DECIDES
AGAINST THE STATE

Sheriffs IN Possession OF the Railroad
Congratulations County Sherifs
Fined $500 zach For Contempt of
Court.
! CHARLESTON, g c., Feb. 16.-The United
States court has decided the railroad tax
case against the state. The United States
marshal has bean ordered to place the prop
erty in possession of the receiver and the
county sheriffs have been fined $500 each for
contempt and will be imprisoned until the
fine is paid.
The decision Of the judges has fallen like
clap of thunder from a clear sky
on the state administration circles.
and everybody is now anxiously
awaiting Gov. Tillman's next step. Deputy
United States marshals left here this after
noon on a special train to take possession of
the property that had been levied upon, and
it is said that they bear orders from the
four sheriffs who are now In custody for
contempt to their deputies TO surrender the
property. By tomorrow morning there
will be a general unlocking OF the loco
motives and trains that have been chained
to the tracks of the South Carolina and
Richmond and Danville railroads,
OPINION OF The COURT.
In the opinion which was read by Judge
Golf, the court says:
| We cannot escape the conclusion that the
! purpose of the sheriff was not to follow the law,
and that his action was the result Of q predeter-
mination and intention to coeTce the receiver
and this court into the payment of the Excess
| sive tax, Notwithstanding and despite of the
! claim that 1t was illegal and VOID. There can
! be no doubt that property in the hands OF a re-
| ceiver OF any court, either Of a state or of the
| United States, is as much bound for the pay
ment OF taxes, state, county aud municipal, as
| any other property. Persons cannot, by
| coming into this court and for the promotion
| or their interests, applying for and obtaining
! the appointment OF receivers obtain exemption
| from the paramount duty OF citizen. For this
| reason the receivers in the district pay all just
| and lawful taxes without asking or needing the
sanction OF the court, and In their accounts
| But on the other hand receivers are not bound
unlawful without the order 81 the The
| court, and when they consider the
legality of the tax questionable it is their right
their manifest duty, to apply to the court
either for instruction or protection. Especially
| is this the case when question arises between
the receiver and persons in the state, county
| and municipal government as to the proper
| construction to be given to the law, upon which
| individuals may well differ and it is his right
and manifest duty TO go to the court whose
| creature he is, for instruction. He therefore
pursued the proper course when he came in by
| this petition
In conclusion the court says
We recognize that the question has not been
| finally decided, and for this reason our injunc-
| ton goes only until further order. If testi-
mony be offered in ordinary way, and IL the
| fact be established that the assessment and the
| taxes levied Hereunder are just and lawful, it
| will afford pleasure to the court, and IL will be
its duty to order it paid forthwith para
| mount lien on all the property and funds in the
! hands OF the receiver.
| PLANS on THE sHERIEFS
The four sheriffs committed for contempt
are now consulting with the states attor-
neys. The impression prevails that they
| will purge themselves from contempt in
! open court if the governor does not prevent
them from 50 doing. The plan of the COWS
ernor is to have the sheriffs submit to im-
prisonment, so that he can apply to the
United States supreme court for a
| habeas corpus, but it is doubt
full il these officials will consent
| TO go to Jail in order to make a test CASE
The situation is exceedingly interesting
The adherents of the governor have no hest
tation in saying that he will defy the courts
| by force II necessary. in which event there
| may be direct conflict between the state
government and the federal courts
Judge Golf read the decision in the cases.
THE ORDERS SIGNED.
Following are the orders signed:
II is ordered that an injunction do issue to NJ.
| V. Tyler. sheriff of Aiken county. his deputies
and agents, enjoining and restraining them
| from further intermeddling and interfering with
| the keeping and holding of personal property
| distrsined upon by him and belonging TO the re-
| ceiver of the South Carolina Railroad Company,
| or in his care and custody as receiver and com
! mon carrier. and that this Injunction remain in
| force till further order of this court.
1t is further ordered that said property shall
be restored to the custody of the receiver of
this court, and that the marshal put him in pos
session thereof. N. GoFF, Circuit Judge.
similar injunction was issued in all
the Richmond and Danville railroad cases.
AS to the contempt cases, the county
treasurers were dismissed on the ground
of not being in contempt; AS to the sheriffs
OF Aiken, Anderson, Abbeville and New
berry counties, the following order was
passed.
The sheriff of -- having been served
with two rules to show cause why he be not at
tached for contempt for the matter set forth
4 copy of the petition to each rule was It.
tached to the blank, sufficient cause not having
been shown, and it further appears that said
and detaln said property We adopt
the precedent set in Childs p
Wallace 1877. by the supreme court of the
United Stat S. 1t is ordered adjudged and
decreed that said sheriff is in contempt of the
court and OF it's order aud process. II is further
ordered tn at said sheriff leach of them) shall
pay fine OF $500, and that the clerk OF this
court shall enter judgment thereon ana issue
| execution therefor, and that each sheriff shall
also stand committed to the custody OF the
marshal of our court until he has paid said fine
or cleared himself of his contempt therein.
Deputy United States marshals were sent
out in a special train this afternoon to re-
capture the seized property, aud the four
sheriffs are now in the custody of United
States Marshal Cunningham. They are
out on parole tonight, consulting with their
counsel.
TlLLMAN TO FIGHT IT OUT.
COLUMBIA, S. c., Feb. 16.-The state
department is as blue as indigo to-day over
the adverse decision in the railroad cases.
Gov. Tllman is not doing any smiling over
the decree, but he states that it was not q
surprise, as he had been looking for such a
decision. He said that the state was pre-
pared for the emergency, and that its plead
ings had been prepared with a view TO fur
Their proceedings in the higher court. 1T
can only be attributed" said be, ito ignor-
ance or tyranny, even if lawful"
Before the news of the decision was
received, the governor sent the
following telegram to Attorney Jones
iuiCharleston: " Anticipating an adverse de-
clsion and order OF imprisonment or fine IN
less the sheritfs release the property, l say
we must fight it out on habeas corpus pro-
ceedings and by appeal. II not jailed or
committed for contempt pro forma, and
we can agree to release without weakening
Our ease 40 on pranaro rapars and iAt ma