The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1893-11-29
,up1c1ALL rSsoIEScr

JUDIcIALL INSoLEScE
to go so far is sufficient basis In law or justice
and could only spring from that perpetual
grnspIng after more power which has ctarac
terIZed the Judges of the United States Circuit
and District Courts. One by one the reserved
rights or the States are being absorbed by the
Federal Judiciary, and IL Is high time fnl
Congress tO take the matter In hand and By
express limitations restrain the unlicensed
and iniquitous powers exercised by the Courts
In this matter OF receivershirs.
There Is talk In some quarters, and grow.
Ing demand for
GOVERNMENT OWNERSHIP OF RAILROADS;
for these corporations, whether In the hands ol
receivers or OF the own"rs themselves. have
found such ready and willing tools among the
Federal Judges, who are ever ready to
to stand between them and the people In
their efforts To restrain them Within reason.
appears possible. This is not a desirable
solution of the prob lem. and do not advo.
cate IL; because such con!rol would almost
inevitably be used as an engine In elections
by the use of the employees ut the ballot
box for the benefit OF the party In power.
The mere idea Is repuenant TO Republican
form of government. But those who manip-
uate and control these corporations, and who
grow rich In robbing The people through
them-suc: menln pirticular-hDld up their
hands In horror al iha mare Idea OF govern
ment ownership. But what have we In the
United States al this time? What Ia the
OF large number of these corpora
tlons2 Upward OF
THOUSAND MILES OF RAJ L
ROADS,
one-ffth OF the total mIlage In the United
States, and reprcsentinga o capital OF more
than 81 ,4U0 900, QUO. are to-day in The hands OF
receivers. whU are but the servant Is or partners
Of the Judges. We have here govern mert
ownership or control ct least In effecU the
most absolute and IRRESPONSIBLE thai Is possl-
BILE to exist Tho Federal Judiciary, Without
any Statutes on the subject, or comparatively
few limiting or defining their powers, control
one-ti fh of the railroads in the United States
Without responsibility u anybody; Without
any body 10 overlook them or their agents,
The receivers without any accounting TO be
had for the M illions and hundreds Of millions
Of dollars OF these wards In chancery";
issue receivers certificates which are preferred
lens on The property ;tHprisoning the States
officers when they attempt TO collect taxes;
arrest our Constuolea for the slightest Inter
ference even with freight they haul; bargain
Ing with the receivers for the employment OF
1lnspeOple or favorites; aud Congress sits
dly by watching this more than Russian
absOlutism with seeming Indifference.
With this vast amount OF property held In
lbSo, ute possession, Without responsibility 10
any one, IL Is small wonder that there has
been E,aladmlnislration pecnlation. robbery,
In Vermont has held railroad under re-
,elvership for twenty-seven years Many
corporations have found themselves saddied
With heavy debts by the incompetency or
dishonesty OF The receivers, who, we Will see,
IRE sometimes the servants and at other
lines the masters OF the Court Men who
rant TO make money rapidly-honestiy III
hey can, but who must make money
The most glarlng and ramnrk lhe instance.
,f this "Gdcitis deScensus Auerai" occurred
year when
UDGE EDWARD M. PAXoN, CHIEF JUSTICE
IF THE SUPREME COURT OF PENNSYLVANIA,
With still four years tenure, resigned bis high
'ffise TO- acceps the regsyership q the pen,
onger shall this abuse, which cries aloud TO
heaven, and which IL II scandal In the land,
orrupting the judiciary by the use OF un-
,riGled power. be allowed to continue? BY
government ownership, under
trict laws and rules, such as obtain In the
postal service, would be such an improvement
hat 1t Is bound to come unless the abuses OF
eceiverships are stopped.
srMoNToN AND SWAN.
I have already shown the results to the
'herlffs who, 10 obedience to 1he Stale laws,
which are equally binding on the Federal
}ourt attempted TO collect the taxes due. The
,ossession by the Courts OF the res" as the
supreme Court can no longer be disputed in
my particular whatever. But mark, you.
The puissaut Judge, whose satrapy is South
aroinn, has gone one step furlher He not
My claims the right 10 control the railroads
leld by bis receiver without let or hinderence,
mt he Attempts, and has exercised the power,
0 protect cOntrnband whiskey In the hands
4 that receiver rs public carrier. and has
iezed a barrel OF whiskey In the South
'arollna Railway depot In Charleston 10 the
ace OF the plain provisions OF the Act OF
congress, which says:
That all fermented, distille or other
intoxicating liquors or liquids transported in
y any State or Territory or remaining therein
Or use, consumption, sale or storage therein,
hall, upon arrival In such State or Territory,
e su6Ject TO the operltlon and effect OF the
Avs OF such State or T.rritory enacted In the
xerclse OF Its police powers to the same ex-
ent and In the same IN inner az though such
qulds or liquors had been produced In such |
tate or Territory, anu shall not be exempt
herfrom by reoson or being introduced there
TO encourage the smuggling Of Illicit VIII iskey,
nj protect those who deal In II, Judge
Inonton says arrival means not only that
be whiskey must reach Its destination, but
Or the control Of the liquor traffic, which is
n exercise OF the police power ofthe State for
he welfare Of the pubic health and morals.
dIsgarded and the railroads encouraged 10
efg the ~SIits--The ana,ogQ9s power 10
stablIsh quarantine fora Ike purpose -exlsls,l
nd like lucid and reasonable Interpretation I
( the meaning OF plain English word would
ldicate that,i man had yellow lever or
hulera and bought ticket TO Charlerton
yer one of Judge Simonton's railroads. the
uarentiue officers could not stop him until
o had got out OF the cur within the city
mIts. Judge Simouton would not consider
i'm as having ''arrIvcd' Within the jurisdic.
on OF the States law until he had comp leted
{oorpay
Is this power gone mad ? Is 1t malice incar-
ute2 Or Is II
sERvILE, CRINGING OBEDIENCE
, the orders OF his so-called SERVANT" the
ecetyer? The drgumcnftim dd homi7len Is not
ne Of my liking, and would scorn TO use II
O personal controversy, but, In the dis
barge OF my official duties II is a Legitimate
,eapon where have 10 deal with such men I:
ne q Judge who sucked States rights with
is mothers milk and now plants his dagger
o the States breast, the other an ex-carpet-
arger, who In his past days did his utmost
D throttle Anglo Saxon civilization In South
aro Ina, and who h rs returned after tfteen
ears' absence to gloat over her humiliation
3 the hands OF hts obedent instrument.
his Is very strong language, but let US see
/ have not warrant for 1t.
On May Ist last, D. Il. Chamberlain. Re-
oliver of the South Carolina Railway, and
he accredited "servant" OF the Federal
ourt in lis manasement, wrote me personal
tier enclosing as anthentic an interview Wild
Imsef published In the News and Courier
that date, 1t was n proposition 10 the State
overnment to compromise or arbitrate the
uestiou of taxes IN dispute. Here is quo
ation from that interview:
"Such being the situation, l say the only