The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1893-02-08
UNCLE SAM SAYS STOP !

| UNUuH DAM Uh IN Ulul
HIS OFFICERS SENT TO UNLOCK RAIL
J ROAD TRAINS.
The Clash Of Authority COmes-In.
| junction and Rule to Show Cause
Way State Authorities Shall Not
| BE Held for Contempt.
! The State. =
The pred lcted clash OF authority has come.
The summary action of the State authorities
culur instructing shertfs to take and hold the
property Of railroads for taxes at all naZards,
| Irrespective OF orders from the United States
Court at Charleston, has awakened the Fed
eral eagle, and this morning an officer OF Un.
Gle Sam y court will step down from special
car In Newberry and proceed to release tn:
Ing him from interfering with any more OF
them, and in case of violation Of such In.
structions will proceed 10 arrest him and
take him to Charleston for contempt OF court.
authority of the national government then
the actual conflict will begin. 1t will be
tamusing 10 see II the shertffs will carry out
| tine mandates of that "confdential' circular
or do as they Will be forced TO do-recede
from the forcible means Of collecting the ex-
cesRive taxes.
|
had begun TO levy ON the Richmond and Dam
| VILE property which was in the hands Of re.
ceivers appointed by the United States Court,
Just this condition OF things was anticipated.
1t therefore creates very little surprise.
| UNCLE SAM EN- ROUTE.
Last night via the up train from Charleston
the United States Chief Deputy Marshal ar
rived In this city. armed with all the papers
issued by the United States Court. Upon his
arrival here he was met by Superintendent
1 - = nl Hntr 10 Mt
once, the superintendent's private car being
given the officer, and shortly after midnight,
with Master of Trains H. a. Williams and
NaRWberfy SeRs5sr sy Where the sheriff and treasurer
will be served and the property Of the road
released. Thence they will 60 to the other
points up the road where property OF the road
has been levied upon and the same process
will be gone through with until all the prop.
erty Is liberated. Last night another train
was locked up at Graniteville, and by the
time the officer returns here the papers for the
officials of that county will be sent him and
\ he will proceed there.
| This is the outcome of the efforts Of Hon. j.
| 8. Cothran the attorney OF the road who went
the matter to the attention OF the Uniled
States Court. Marshal Hendrix was seen al
the road here by q representative OF the State
and he graclously permitted perusal OF bis
| He is armed with copies OF the petition for
rule to show causes and Injunction, for each
sheriff and treasurer OF the counties wherein
levies have been made. each one OF course
differing only In so far as the mention OF the
property levied upon Is concerned.
| STRONG PAPER.
The cases which are all separate are en-
Foster, as receivers, petitioners Vs.
sheriff fand-treasurer,- In
re VIM. P. Clyde and others, VS.. the Rich
mond and Danville Railroad Company.
.nftk Ian fNH hn rt,ln tn hnt
which was presented to the United States
Court yesterday at Charleston, and on which
| the order was granted, Is q powerful paper. A
| brief outline of IL is here given.
| 1t sets forth that the Richmond and Dan.
vile Railroad Company Is corporation or
ganized originally TO operate, railroads, in
| this State as well as others; that the petition
ers are F. w. Huidekopcr and Ruben Foster {;
| that upon the hearing OF the cases Of Clyde
and others, they were appointed by the
United States Court as temporary receivers OF
the property Of the Richmond and Danville
Railroad; that they gave their bond and took
possession of the property; "that at the same
| time an order similar In all respects was
entered In this cause In this honorable court
for the purpose. OF protecting the property
situate within the territorial Jurisdiction OF
this court;" that the appointment Of the re-
ceivers was made permanent, clothing them
with full power and authority to take possess
fon and hold. and continue the operation OF
| the road, as we'll as make suits, etc., for the
protection OF the property; that the sheriffs
| and treasurers (mentioned) are respondents (;
| that the receivers on taking charge found u
| large amount Of property (speclfying)
The petition then goes on 10 stats that under
the tax laws OF South Carolina quoting Sec
tions iSl, lS2, and 1S3 OF the General Statutes
OF the State, the road made returns OF its
property at Just valuation 10 the Comptrol-
ier General. Then the amount Of taxes paid
In: the ma1ner o. paying such taxes ETC., Is
several sections, the saDe as in the original
complaint in the raj road tax cases bearing on
the illegality OF such taxes, and the refusal Of
| the road to pay them. and detailing all the
steps that have been taken in regard thereto.
| The petition concludes as follows:
| "EXV-And your petitioners further charge
and allege that such seizure and holding pos
session and sale OF your petitioners rolling
stock and personal property must result In
great and irreparable sacrifice and loss to
your petitioners; that II will prevent the car
rying on OF your petitioners business as a
com mon carrier by the withdrawal from the
petitioners rolling stock, engines and cars
necessary In It's business, and Will put stop
end cessation 10 your petitioners carrying on
It's operations, that II will thereby imperil It's
franchises and charters as a corporation by
| the inability TO perform the public duty on 1t
by transporting freight and Merchandise as
| "XXVI-And your petioners further charge
and show that by law and the said section l79
| OF the General Statutes said taxes are made q
| lien upon the real estate Of your petitioners
and the other railway corporations In the
State, and will stand and remain as lien and
| q cloud upon the same unless removed by de-
cree OF restraint perpetually by the inJunc-
tion of Court OF Equity.
| "XXVII-That the said unconstitutional
and unlawful generalization Of property as
made by the State through its State Board of
! Equalization for railroads has arisen from
the adoption of rule OF appraisement which
conflicts with a Constitutional direction and
operates uneQually not merely on your peti-
| tioners but on all other railway companies In
said State.
| "XXVlI.-And your petitioners further
show that part of the business and duties or
your petitioners Is TO transport and carry the
| mails Of the United States, which is an obli-
cation enjoined on your peti TONERS under the
law and which concerns the business OF your
petitioners and OF the entire public. And
| that any seizure and sale of any of the prop
ously Interfere with the carrying OF said malls
and will expose your petitioners to loss and
harm, and the public to great inconven-
ience.
"XXX- And your petitioners further show
that the entire property and assets Or the
| Richm mond and DanVille Railroad Company,
| including It's leased and controlled lines, q
part Of which property constitute res or sub
! ject matter of the present suit, are In tho pos
session and control Of this court. whose otii-
GERS, and your petitioners, respectfully sub
| NIT that this court should control such pos
sessions and protect the property in the hands
| of your petitioners, as It's officers, from dis
| turbance or seizure and sale, and should not
permit the unlawful eXaction OF the Illegal
taxes aforesaid, and the said treasures and
/ sheriffs should be restrained from the afOre.
said acts or levy and threatened sale and ON
perssting on the same, should he attached as