The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-04-25
SUPREME COURT DECISIONS.

South Carolina Authorities Taught that
State Laws Are Not Superior TO Federal.
WAsHNGToN. April 24.-The South Car
DINA tax cases were passed upon by the
Supreme Court Of the United States to-day.
the opinion being delivered by Chief JUS
tice Fuller. IL came MP on the petition of
Sheriff Tyler. of Aiken county, for n writ
of habess corpus to release him from inn
~prisonment under the Judgment of the
Circuit Court of the United States that he
be tined $500 for contempt. lie had seized
q train on the South Carolina railroad upon
9 warrant issued by the State authorities.
for the collection of taxes which
were in controversy. The road was
in the hands of O receiver APP
pointed by the United States Court.
and he was adiudged guilty Of contempt for
failing to release the property under order of
that court. He came to the Suprems Court
for relie.. Justice Fuller read an OPINION
containing much stronger language than Is
usually found IN such documents. denying
the application of the petitioner for the
writ. lie said the seizure of the property
by force was unjustlhsble, and could not
be defended. The claims of the STATE for
taxes are not superior to the general rnIe
which makes property placed in the hands
of q receiver subject to the orders OF the
COURT; they are to be determined
In regular way and IN "a
proper manner. The action of the
Circuit Court. Chief Justice Fuller said.
was in no sense an action against the State
of South Carolina. which. IL was concluded.
could not be maintained under the elev-
enth amendment TO the Constitution. In
conclusion. he saio. the Circuit Court was
equipped with the fullest power TO protect
Its dignity aud TO enforce It's mandates, and
Its use of these powers IN the case In point
could not he reviewed here. Therefore, the
writ of bebeas corpus was denied. The
same Judgment was announced in the case
of Sheriffs Riser and Games. who came TO
the Supreme Court of the United States
with Ty Ter for relief.
A case presenting unusual and novel
features was decided In the Supreme Court
to-day. Justice Gray delivering the opiD.
ion. 1t was entitled the Northern Paoltic
Railroad Company Va. G. j. Brooks ~ Co..
ct al.. the defendants including anumber of
saloon keepers and the board OF commits
sioners of Kittlas county. Washington.
The railroad company brought suit TO
abGte the saloons maintained by the de-
PENDANTS az nuisances. aud TO prevent the
commissioner of the county from renewing
licenses TO them. The ground upon which
the complaint was based was that the en-
pi0ye of the company. who
must necessarily use dynamite
and steam in constructing the
cOmpenys rallIOau line through hlttlaS
county were induced by the presence of the
defendants saloons along the line of the
work to become untitled for the safe use
of these lnstrumentalities. and thereby
caused loss to the cor Doration by the delay
in finishing the work. The State courts
ruled against the company. and it appealed
from the judgment OF the Supreme Court
of the then Territory Of Washin gton to the
Supreme Court of the United States.
Justice Gray, however. for that court sf-
flrrned the INDIGNANT of tho IarrltOrlaI
Supreme Court in that upon none of the
grounds advanced by the counsel for the
appellant could il maintain the action and
secure the relief sought.