The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-02-08
TILLMAN IN FOR A FIGHT.
He WILL RESIST THE FEDERAL
COURT TO THE LAST DITCH.

Rolling stock-Arrest VIII Be Fol-
lowed by Hsbeas Corpus Proceed
ings and an Attempt to Rush the
Whole Matter to the United States
Supreme Court.
COLUMBIA, S. c.. Feb. THE clash has
come and Gov. Tillman and the federal
court are in direct conflict over the rail
road situation In this state Gov. Iillmsn
has thrown down the gauntlet and bid de-
fiance to the United States court and Uncle
Sam has accepted the challenge. AS stated
In the press dispatches the sheriffs through
out the state, acting under instructions from
Gov. Tillman in the secret circular issued
recently, have levied upon the rolling stock
of the railroads which have not paid their
taxes as claimed 60 be due by the
state, and have chained the cars
60 the track. thus blocking the
proper operation Of the roads and delaying
valuable freights in transit, amounting in
value to several times the taxes for which
Ievies have been made, and which were de-
clared by the courts in 1892 to be illegal.
After hearing the petition Of the Richmond
and Danville road concerning this ARREST"
Of trains, Judge Simonton of the United
States court issued an order releasing all
trains that have been tied up. and restrain
ing sheriffs from further interference with
the property This order was served upon
the sheriffs to-day by United
States marshals. Dispatches from
several of these points tonight
state that the sheriffs are paying no atten-
ton TO these orders When the governor
learned of this procedure this morning he
called a conference with the attorney
general, the assistant attorney general and
Judge Samuel Melton.
ORDERS TO TIE sHERIFFs.
After lengthy council of war the COVER
nor photographed the following instructions
20 the sheriffs: "Where the amount of
taxes IN execution for 1891 and 1892 is less
than $4,000 hold property TO satisfy the
execution unless it is taken from you by
force Then submit to arrest. We will take
the case TO the United States supreme court
on habeas corpus proceedings and make
this federal judge obey the DEGREES OF that
court"
In regard to his position in the matter the
governor said: 1--WE propose to see that
the state Of South Carolina collects her just
taxes. Our present purpose is to hold all of
the property on which levies have been
made, and TO let Judge Simonton do his
worst This morning telegraphed all OF
the sheriffs to bold the property on which
they have levied. Our idea is that Judge
Simonton is in contempt Of the state gov
eminent. and we want him TO
act so we can get the case to
Washington as soon as possible and prove 1t
by the supreme court. | think we can
prove that he is in contempt What we
want is for him to arrest the sherltfs. II
they are arrested the matter will go up in
the shape Of habeas corpus proceed
III "
state has the right to collect her |
taxes, the sooner we know it the better.
Judge Simonton has just been told that he |
has no right to interfere in cases where |
the amounts are less than $4,000 We |
will resist tyranny or ignorance, which, |
ever it may be, and bring the matter to a
focus and have our rights established"
THE COURTS POSSESSION.
When asked cs to the point that the
roads are 10 the hands of receivers, and
that the tax has to be paid through an order
of court, the governor said: I'VE can
whip him out on that, too. All we want
him to do is TO take hold or we will take
bigger hold. II he does not imprison our
officers we will levy on every road in the
$4,000. We want to get the
issue TO Washington just as soon as possible,
as we do not intend the case to hang in the
district courts for twelve months and go
through the regular docket We are de-
termined to see the matter through to the
Bnd.o
"For the present." said Gov. Tillman,
''no additional levies will be made and all
subsequent action depends on the action Of
the federal court on Feb 90" While
talking about the matter of contempt, Gov.
Ttllman remarked that If there was any one
who was in contempt Of the court, it was
he, as the sheriffs were merely
xlss 10 md cha yfVNrr Nha
states laws, which prescribed their duties.n
TO BE TREATED WITH CONSIDERATION.
Sheriff Scarborough of Darlington ar
rived in the city to-day ana conferred with
the governor as to what course to pursue
with the Charleston, Sumter and Northern
road, which wants little more time. The
governor told the sheriff that as long as
the road put on no frills TO treat them with
consideration.
Railroad attorneys here tonight express
abe opinion that the governor will slip up
on the plan to get into the supreme court
at Washington and have the cases
decided al once, as, II the sheriff5
are placed In prison by the United States
circuit coure, they will be kept there until
they purge themselves Of contempt for that
court, and until then they cannot have re-
oot@se 60 the supreme court.
Several Of the freight cars that are now
held by the state and thus prevented from
Fsaoning their destination, are foreign cars,
not owned by the South Carolina roads. In
several instances they are loaded with
large cargoes Of coal for manufacturing
establishments, which are out of fuel. 1t is
stated that the consignees will bring suit
against the state.
SEIZURE IN AIKEN.
CHARLESTON, s. c., Feb. THE fight
between the state authorities and the rail-
road over the question Of taxes is getting
warmer. Yesterday a locomotive belong
fng to the Richmond and Danville railroad
and drawing a material train was seized at
Aiken by the sheriff of that county in
obedience TO the confidential circular re-
Gently sent out by Gov. Tillman. To-day
the Richmond and Danville attorneys APP
piled to Judge Simonton Of the United States
court, and obtained a rule on the sheriff
of Aiken county to show cause why he
should not be punished for contempt in
seizing property already in the hands of a
receiver appointed by the United States
court. A temporary injunction was issued
and the sheriff ordered TO answer the rule
at Greenville before the United States court
on March s.
DON'T WANT SENsATIONALIsM.
~ g..