The times. [volume] (Richmond, Va.) 1890-1903, 1893-04-25
IN STRONG LANGUAGE.
CHIEF JUSTICE FULLER DECIDES
AGAINST SOUTH CAROLINA.
The Railroad Tax Cases Brought Before the
Court on Petition OF Sheriff Tyler
for Writ of Habeas Corpus.

Chief Justice Fuller.
~ came up on petition Of Sheriff Tyler,
Of Aiken county, for writ Of habeas
corpus to release him from imprisonment
under judgment of the Circuit Court Of
the United States that he be fined 500
| for contempt.
lie had seized the train on the South
! Carolina railroad upon warrant issued by
the State authorities for collection "
taxes which were in controversy. The
road was in the hands Of a receiver, ap-
pointed by the United States Court, and
he was also Judged guilty Of contempt
for falling 10 release the property under
order Of that court. He came TO the
| supreme court for relief
Justice Fuller read an opinion contain
ing much stronger language than is usu-
| ally found i'm such documents, denying
| the application Of the petitioner for writ.
He said the seizure Of the property by
| force was unjustihable, and could not
| be defended. The claims Of the State for
taxes are not superior 10 the general
rule, which makes property placed in
the hands Of a receiver subject 20 ord ars
Of the court; they are to be determined
in the regular way. and in the proper
manner. The action OF the circuit court.
| Chief Justice Fuller said, was in no sense
] an action against the state Of South Caro-
lima which il was concluded could not
be maintained under the llth amendment
to the Constitution.
In conclusion he said that the circuit
court was equipped with the fullest power
10 protect its dignity and to enforce us
mandates. and it's use Of these powers
I'm the present case could not be reviewed
here. Therefore. the petition for writ
| OF hahpaa CORPUS was denied.
The same judgment was announced IN
the cases Of Sherins Riser and Gaines,
who came 10 the Supreme Court Of the
United States with Tyler for relief.
The Lamar Resolutions Presented.
| Attorney General Olncy made his first
appearance in the Supreme Court Of the
United States to-day. save on the occasion
of his formal introduction TO court by
his predecessor The occasion that called
him out to-day was the presentation OF
the resolutions recently adopted by mem
bers Of the bar upon the death Of the
late Justice Lamar. In anticipation OF
this event there was an unusually large
attendance of attorneys upon the session
Of court and the visitors benches were
also quite we'll filled.
The following is Attorney-General Oh
neys address:
Il have been requested. II Your Honors
|
lutions Of the bar upon the occasion Of
the Death of Mr.. Justice Lamar. In un-
dertaking that duty l have no hesitation
i'm saying that the resolutions. which
shall presently read do but simple justice
to the character Of your late associate
and in no way exaggerate either the
| great loss Of the whole community, or
the profound afiction Of very large
circle of friends and acQuaintances. Under
any circumstances the death of justice
of this court is OF pre-eminent import
ance Though the court remains, an ele-
mont disappears which had vitally af-
fected it's deliberations and its results, tc
be succeeded by a new one. different to
some extent in the nature of things and
possibly Of a wholly diverse character
Thus. as one departs and another as
sumes his place a new order Of things
arises. all the more surely because II
comes insensibly and almost by stealth
1T is a new order of the greatest mo-
ment. because in the scope and extent
of its jurisdiction and power. as touching
on the one hand the private rights OF
every one of co 900 0)O Of people and deal
ing on the other with the collective rights
Of numerous pOpulous committees anc
sovereign States. no court like II or ever
strongly resembling it has ever existed
among men. To have sat upon such a
court without reproach and without dis
credit may well fill to the full the meas
ure Of the loftiest ambition. With Mr.
Justice Lamar has passed away not
merely a lawyer and judge, but a nota
, ble historical figure. IL may have beer
his misfortune as lawyer though Ger
tainly his good fortune as a man. that
his lot was cast I'm tempestuOus times
in times which, however adverse TO th'
ACQUISITION Of technical knowledge anC
| technical skill always and inevitably de-
velop whatever there is in a man Of in
tellectual and moral greatness. He was
born when the echoes Of the sectona
contest over the admission Of Missouri
into the Union-that issue which startled
Jefferson like n fire bell in the night
were still resounding through the land
"IIe was a mere youth when the Mis-
souri, compromise was succeeded by an
other and the spectre Of disunion was
e | laid for time by the mingled firmness
y and moderation Of General Jackson. He
had hardly entered upon the practice OF
law when the North and South agair
came into violent collision over the Fugi-
, tive Slave law and the extension Of
slavery into the Territories. He went
, with his section and his State in the
civil war that followed only ten years
after and supported their cause with
! equal devotion on the battlefield and in
the forum. Always and under all cir
, cumstances he was a leader, not merely
followed and obeyed but implicitly
trusted and sincerely loved. He con
p tinued to lead even more decislvely anc
Z on a larger field when arms were laid
y down, and to him more 'han to any Other
one man. North or South. Is due the
2 adoption by both victOrs and vanished
( of those counsels Of moderation and mag
naninity and wisdom which have made
the edifce of our constitutional UniOr
more impregnable 10 all assaults thar
ever before But this eventful anc
stormy career. these engrossng and ex
citing occupations and achievements OF
p the soldier and statesman s1d ralriot
necessarily interrupted and prevented
that exclusive devotion 10 the science
Of iurisprudence and that constant ia
niliaritv with it's practical application
in fhe administration Of justice. Whicl
that Jealous mistress the law. ineXora
blv exacts Of all her followers.
"I do not believe that Mr.. Justice La
> mar ever nracticed law as his sole ol
chief occupation for any one term OF hv'
consecutive years. | am unable to dis
cover that he could have made the prac
lice of the law his sole or principal pur
suit for more than ten or twelve years
IN all. And II Is the highest rossibl'
tribute TO his natural genius, 10 his lega
instincts and extraordinary intellectual
eiffs that. in spite Of all the dlsadvan
tages under which he labored. Mr. jus
( tice Lamar performed his part as mem
! her Of this high court OF iudicature no
| only fo the accentance Of the bench AM