Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1893-05-04
THE RAILROADS WIN.
The Tax Cases Decided
Against the State.
THE UNITED STATLS SUPREME COURT RULES
That the Seizure of the Property
of the Railroads Was
Unjus:ifiable.

That the Seizure of the Propert
of the Railroads Was
Unjus:ifiable.
WASHINGTON, April 25.-The Su
preme Court of the United State
has passed final judgment upol
the South Carolina railroad ia,
cases, and the decision is agains
the States authorities.
The case came up on the peti
ton of Sheriff Tyler, of Aike1
county for a writ of habeas corpus
to release him from imprisonment
under the judgment of the Circuit
Court of the United States, thar
he be fined $500 for contempt. HI
had seized a train on the South
Carolina railroad upon a warrant
issued by the State authorities fol
collection of taxes which were in
controversy. The road was in the
hands of a receiver appointed
by the United States Supreme
Court, and he was adjudged guilty
of contempt for failing to release
the property under the order of the
court. He came to the Supreme
Court for relief.
Chief Justice Fuller delivered
the opinion of the court. After
reviewing the history of the case,
which is fully known to the pub
lie, he said that unless the order
of commitment was utterly void,
for want of power, the application
of the petitioner must be denied.I
Continuing, he said in substances 4
The property in question was inl
the custody of the United States
Circuit Court in a cause within it's,
Jurisdiction and protected by ita
injunction. The power exercised
vas to nrotect the 4nronertY IN nns
Ter settled than that when a court
appointed a receiver his possession
is the possession Of the court for
the benefit of the parties to the
suit, and cannot be disturbed with
out the leave of the court; and if
any person Intentionally interferes
with such possession he neces-
sarily commits contempt of
court.
Ordinarily the court will not al
low it's receiver to be sued touch
ing the property in his charge. In
this case, instead of issuing an
attachment against the petitioner
at once for forcibly selzing the
rolling stock of this railroad, the
court adopted a rule to show cause
and with an order restraining him
from interfering with the prop
erty.
The general doctrine as to prop
erty in the possession of q receiver,
that any one interfering is in con-
tempt, is conceded; but it is con-
tended that this rule has no ap-
plication to the collection of taxes.
The maintenance of tho system of
checks and balances characteristic
of republican institutions requires
the coordinate departments Of
government, whether Federal or
State, to refrain from any infringe
ment of the independence of each
other, and the possession of prop
erty by the judicial department
cannot be arbitrarily encroached
upon.
The levy of a tax warrant, like
the levy of an ordinary feri facias,
sequestratres the property to an
swer the exigency of the writ; but
property in the possession of a re-
ceiver is already in sequestration
and already held in equitable exc
cution. While the lien for taxes
must be recognized and enforced
it must be done under the sanction
of the court. 1t is The duty of the
court to see to it that this Is done
and seizure of property against iti
will is an assumption carrying s
contempt on its face.
Chief Justice Fuller then citee
former decisions in such cases
which he said were very few. Th'
ottannnt To seize nrnnartv in thl