Waterbury evening Democrat., 1893-02-08
DEFIESFEDERAL COURTS
Gov. Tillman's Action in Regard
to Railroad Taxes.
STRICT INsTRucTIoNsT sHERIFFs.

Ordered to Go Ahead with the Execu-
tions-Trains Run Over a Road in the
Hands of a Receiver Appointed by tho
United States Court Attached Cars
Chained to the Tracks.
COLUMBIA, S. c., Feb. S.-Gov. Till
man has thrown down the gauntlet and
hidden defiance to the United States Court,
and Judge Simonton, representing Uncle
Sam: has accepted the challenge.
Sherifrs throughout the State, acting
under instructions from Gov. Tillman in
a secret circular recently issued, have lev
led upon the rolling stocks of railroads
which have not paid the taxes alleged to
be due the State
In all these cases the railroads have
paid the taxes based on the original as
sessments The county auditors, how
ever, raised these assessments, it is
claimed, arbitrarily and illegally, and
Judge Simonton, of the United States
Court, has so decided.
Gov. Tillman's orders to the treasurers
and sherifrs are to go ahead with the ex-
ecutiOns peremptorily.
In some instances the sheriffs have
chained the cars to 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 the levies have been made,
and which were declared by the courts in
1892 to be illegal.
Two days ago a freight train on the
South Carolina RAILROAD was seized at
Aiken and chain ed to the track. The
amount of taxes claimed by the State Is
not over 81 900.
The road is in the hands of D. F.
Chamberlain, receiver, who was appointed
by the United States Court.
The receivers petition to the court,
filed yesterday, claims that the taxes, ac-
cording to legal assessment, have been
paid, but the balance claimed by the
State, about $4,000, is illegal and has
been so declared by the court; that the
seizure and sale of the property would
put stop to the business of the road;
that the entire property is in possession
and under control Of the court, and the
court should protect its property and not
permit the eXaction of the illegal tax.
Upon hearing the petition, Judge Sim
onton signed an order that NJ. G. Mitchell
and NJ. V. Tyler-treasurer and sheriff of
Aiken county-snow cause at Charleston,
on Feb. 20, why they should not be en-
joined from interfering with the road and
punished for contempt of court. A tenn
the officials from levying upon the prop
erty in question.
Similar writs were issued in the suit
of the Richmond 81 Danville railroad,
citing the sheritfs and treasurers of Aboe-
vile, Anderson and Newberry counties
for contempt.
An order was issued releasing all trains
| that have been tied up and restraining
sheriffs from further interference with
the property.
This order was served upon the sheriffs
to-day by United States marshals. De-
sputches from several points this morn
| ing state that the sheriffs are paying no
attention to the orders.
When Gov. Tillman learned Of Judge
| Simonton's orders he called a conference
with his Encouragement the assistants
| and Judges Samuel and Melton. AS q
| result of this council of war Gov. Till
r,an has telegraphed the following in
| structions to the sheriffs of the State:
Where the amount of taxes in eXecu-
| lions for 1891 and 1899 is less than 50, 000
hold property to satisfy execution unless
| it is taken from you by force. Then
| submit to arrest. We VIII take the case
to the United States Supreme Court on
habeas corpus proceedings and make this
| Federal Judge obey the DEGREES of this
| Court ~