The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1893-01-18
A RAILROAD MANS VIEW.
DOUBTFUL.

The termination of the rail road tax
cases in the United States supreme
court on Thursday was not wholly nn-
expected. The cases were brought by
the rail roads about year ago, In the
United States circuit court for this
State, and went to The supreme court
on appeal.
The rail roads contested the right of
the State to tax them in accordance
with the arbitrary and excessive valua-
tions made by the State rail road board
of equalization. The circuit court ofthe
United States decided in favor of the
rail roads.
r The State selected two Of the cases de-
cided by the circuit court, and appealed
to the supreme court, on the ground that
the circuit court had no jurisdiction IL
the cases, because in neither of thera
was the disputed tax in any county IN
excess of 50 600, and that the circuit
court of the United States could not
take Jurisdiction unless. the excess tax
in dispute in each county exceeded the
sum of s. 1000. The main stress of the
argument for the State in the sdpreme
court was on this jurisdictional point,
and the argument Of counsel in opposl-
ton was directed to it.
After the counsel for the State had
made their argument and the counsel
for the rail roads had also argued, the
chief Justice announced that the court
did not care to hear any further argu-
ment from the counsel for the State,
from which the inference is drawn that
the court took the view that the circuit
court below had no Jurisdiction, mas
much as the taxin dispute did not ex-
eeed in any case the sum of $1,000, and
it is supposed that the decision of the
supreme court will be in accordance
with this view.
It will be seen, therefore, that the de-
cision is on the purely tech nlcal ques-
ton as to the jurisdiction OF the United
States circuit court, and in no manner
touches the question really at issue be-
tween the State and rail roads, and
does not affect the other rail road cases
in which the disputed tax exceeded
$4,000, and in which no appeal has
been taken.
The ce.ision settles no question Of
law and no principle of justice the
merits of the case not having been dis
cussed or adjudicated. So long as the
Slate can make the difference between
its assessment of rail road property in
a county and the assessment which the
law and the constitution permit 1t to
make less than $1,000, there will be no
opportunity to havetbe wrong righted
in the courts of the United States.
9ENCBN1CALITy OF THE CASE.
Special to Sunday News,
COLUMBIA, January IA gentle
man ilo has just returned here from
Washington says that he can see no
special reason why t:Iere should 0e any
nnuSual Importance attached to the
proceedings III 'he United States Court
with reference 20 lie Railroad tax CASES.
He said that s.. lar SIS he could Learn;
the Court Distinctly allnVui ced that 1t
did not pass upol. !::r !uerlfs >ot the
case. and that ;Ne sui!s w+ra thrown
ont merely t.ecruS.. e the technicality
that over 81, ,OtO VIZ not Involved. He
further stated hat the Court had eX-
pressed itself in private that it was ia
voraule 10 the railroads CD the merits
fthe case. The States coansel now
seems to be sorry that it did not take
other cases on which to get decision
and in that way firally settle the whole
matter.
OF course it is recognized that the
Supreme Court may make some an
uouncemept as to the merits OF the
cases which were IN measure dis
cussed, and in that way finally dispose
of the entire matter. The lawyers, as
well as the general public, are carefully
watching for the announcement OF the
Supreme Coust.