The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1893-11-22

OIlEIuo1lJ ClColSo. Ao SSS
| this is case in which the State should
insist on its being done.
IL would, therefore, respectfully re.
commend the passage by the General
Assembly Of an act repeating the char.
ter of the Port Royal and Augusta
Railroad Company, and providing In
proper way for the winding up OF its
corporate existence, and for distribu-
tion of it's assets by sale, among the
creditors and others legally entitled
thereto, according to their several pr1-
o1ities. In this bill care should be
taken to provide that In the organiza-
tion of any new corporation there
should be such supervision and scru-
tiny as to prevent the new corporation
being organized as q mere representa-
tive of the Central railroad of Georgia,
or other competitive corporation.
81 think such course ls due not
only, to the proper dignity of the State
itself, but also to carry out the purpose
for which this corporation was Gre.
sted and further, for the benefit OF
those citizens Of the State living along
its line who have been 80 long denied
the privileges which they now enjoy
and which were originally intended to
be conferred upon them.
Attorney General Townsend, In con-
cluding his report says: I'm conclusion
1 will say that the litigation OF tho
present year has been great, and far In
excess of any year perhaps In the his.
tory of the State, and probably even OF
many years together. This Is to be re-
eretted In one sense, but In bold and
vigorous execution Of the laws. some
Of which were entirely new. litigation
was to be expected, and Indeed could
not be avoided with safety to the in
terests of the State.
"The expenses, too, as you will see
from this report, have gone far beyond
the appropriation made by the Legtsla.
ture at its last session. This could not
be avoided. l was fortunate In max.
ing arrangements to meet all these ex-
penses, and trust that your honorable
body will make such provision In re.
gard thereto as shown by this report
to be necessary"
No wonder the Attorney General has
been nearly worked to death and Is
forced to say that the litigation has
been great. A glance through the
thirty odd pages Of the report shows
that there have been ffty-eight cases
brought as an outcome OF che dispen-
sary law and ali since the law
went into effect In July last. These
cases, too, are only those with which
the Attorney General had to do. After
giving carefully prepared, yet brief
resume of each State the Attorney Cen
eral gives the present status.
First comes the trade mark case In
which the case WOE: Major Townsend
says he understands there will be an
appeal to the United States Supreme
Court
Then there were the two cases
brought by the Richmond and Dan
vile road against the Railroad Gem
mission In regard to the whiskey rate,
In regard to these cases the report
says: Judge Simonton has rendered
his decision In favor of the State on
the Constitutional points, and has re.
ferred it to r. W. Shand, Esq, ct Co.
lumbia, 8. c., special master, to take
testimony and report as to the rea-
sOnableneSs. or. unreasonablenes OF
said rates. No testimony has yet been
taken, owing to the great pressure OF
business in my office, but I expect very
soon to move before said master for
that purpose"
Then there are the two mandamuB
cases brought in the State supreme
Court by Major Hamilton on the mat
ter Of liquor licenses which the State
won.
The cases of Ward and Langford,
the railroad agents, involving the right
to deliver whiskey,i ,is treated of. Major
Townsend says he is now waiting for
his appeal from Judge Simonton's de-
cision i'll these cases to be heard by the
United States Supreme Court.
In regard to the case Of the State vs
James in Darlington county, which
was an action In the State courts to
test the constitutionality of the dis
pensary act, the report says 1t was re-
moved to the United States Circuit
Court, is now on the docket and tho
Attorney General will intervene on be-
half of the State to protect the States
rights. The argument will hardly come
up before December.
The three cases brought to prevent
the onening of the dlspeDsaries at Mt.
Peasant, Walterboro and Columbia
are treated of. All were decided in
favor Of the State, but In the Richland
case an appeal was taken which will be
heard at the approaching term of the
State Supreme Court.
Several pages are devoted to the csle.
brated Swan case. The history of the
case Isgiven and Major Townsend con-
cludes: Judge Simonton decided In
favor Of the railway authorities. A
writ Of habeas corpus was sued out
from Mr.. Justice Field, of the Supreme
Court of the United States. and the
case is to be heard on the 9th day OF
November. The State will contend
that there was no Federal question In
yolyed and Judge Simonton was with
out jurisdiction In the matter"
The case of McC Cullough vs. the Board
Of Control for Darlington county,
which was to enioin the opening Of the
dispensary in that county, Is very fully
discussed. This Is the case heard be.
fore Justice Pope,in which he has been
so long getting up a decision, and is
familiar to all. He asks the Legisla-
ture to make an appropriation cover
ing the expense of Messrs. Boyd and
Brown, assistant counsel.
Prosecutions have been commenced
in the criminal courts against the fol-
lowing parties for violations of the
dispensary law: Vincent Chico. (2l
F. Koopman (2), Fred Mollenhauer, q.
W. Auspach, j. F. Mckay, J. j. Con-
way, G. F. Helms, Leo Bull winkle, J.
D. Kennedy. w. Heskin, II. Hemme (2)
H. Hemme, JI;, q. Notte, Joe Jenkins,
w n Hankaman 7, z Mnrnhu