The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1893-02-22
CHECK TO DICTATOR BEN.
The Decision in the Railroad Tax Cases
The Rights Of Property Not 10 DC
Controlled by Confidential Circu-
lars from Anybody-sherihs
Must Act on their Own
Responsibility.
News and Courier, It'll

atmosphere dEOuuo eh@
Court House yesterday when all 'ne
steam whistles along the water front
sbrieked out the hour of noon. Ine
handsome marble hall of justice was
filled by miscellaneous crowd OF all
sorts and conditions of men. In the
inner circle, reserved for the lawyers
and Jurors, were representatives OF the
legal fraternity in considerable num-
bers. Speaker Ira B. Jones was tnefe
representing the county officials, VINO
had evidently been led into trouble oy
that fateful confidential circular. Law
vers Burke & Lord, who had aided the
Speaker in conducting the very aoie
defence of the distinguished recipients
of the confidential circular, were tnere'
Mr.J.W Barnwell came in early
looking confident, and Ex-Judge Coth-
ran also had seat alongside supefln-
tendent Bunch" McBee of the Rich
mond and Danville Railroad. Receiver
Chamberlain sat grave and silent, an
interested listener, on the right hano
side of the table. The sherltfs and
county treasurers who furnished the
niece de resistancs so to speak, of the
drama on which the curtain was raleso
on Monday last, sat together INSIDE tne
bar near the east wall of the building
and chatted pleasantly with numoer
of gentlemen, old acquaintances ana
pleasant new acbuaintances, "nlch
thew had made since their forced resi-
dence in the Nice of America.
Quite number of business men oc-
cupied seats within the bar, while the
space outside the rail was mlscellane-
ously occupied by persons of various
shades of politics and business.
ENTER THE COURT.
It was only few moments after
noon when the lusty voice OF Court
Crier Jim Young was heard shouting,
"Make way for the honorable Court" ="
snd enter the Court, Judges Got and
simonton, both in their silken judicial
robes. preceded by Chief Deputy Mar
shal Hendricks and followed by CLERK
J. E. Hagood.
The Court was seated and for mo-
ment or two death-like stiffness per-
vaded the hall, broken only now ana
then by toe putting and coughing OF a
mud machine at work in the dock al
Union wharf and the OCCASIONAL cry OF
the ssea crab" lady as she wended her
wav down Market street with her tray
of boiled crabs balanced on her turoan.
No time was lost in the proceedings
Judge Gof. who held the MSS IN MS
hand, opened one of the official PACK
ages and began very distinctly to read
the titles of the cases, taking that OF
. the South Carolina Railway first and
reading the opinion. This was as fol-
lows:
This is the Law.
Elk parte D. b. Chamoerialu' re-
ceiver, petitioner, etc: Under an oroer
of this Court, filed on the 5th day OF
December, 1889, in cause within its
jurisdiction, Bound vs. South Carolina
Railway Company, ct al, D. b. Cham
berlain, the petitioner, was appointed
receiver of the South Carolina Railway
Company. By this order all OF the
property of the railway company came
and remained in the custody of the
Court. protected By Injunction and was
placed in the care and management OF
the receiver as the organ and agent OF
the Court. The petition sets forth that
the possession thus conhded to MIN
has been disturbed and that NJ. v.
TYLER. sheriff of Aiken County, has
distrained and has taken possession OF
train of fourteen freight cars in the
custody and control Of such receiver.
That of these fourteen cars five belong
to the receiver and nine belong to roads
outside of this State, but fors the pur-
poses of interstate commerce were IN
the care of the receiver as such. Ihat
eight of them are laden with merchan-
disc belonging to private persons IN
this State in the hands Of the receiver
as common carrier. That the prop
erty in the custody of the Court and in
the hands of it's receiver has been as
sessed for taxation. That this assess
ment was illegal and void because OF
excessive valuation and discrimination.
That the receiver had~tendered and
paid the full sum undoubtedly due on
lawful assessment and that there re-
mained unpaid in the county of Aiken
the sum of twelve hundred and fifteen
400 dollars, being the excess which is
illegal and void. That for this sum OF
S1.215 O4 dollars and costs the said
Tyler, under distraining execution
issued by Mac Mitchell. county treas
urer. had seized and detained the per-
sonal property aforementioned, worth
in the aggregate ten thousand dollars,
large part of it being the property OF
third personsin the care of the receiver
and in his custody as common carrier.
The petition prays the protection of the
Court.
Upon hearing the petition rule to
show cause was issued and served on
the said NJ. V. Tyler. with the usual
restraining order. No attention or
obedience whatever was paid to the
restraining order. He has filed his re-
turn justifying bis action and has not
released or offered to release any
part of the property detained, al
though the copy of the petition
served on him stated the facts set
forth ahoye The bare statement that