The sun., 1893-11-29
TILLMAN SCORES JUDGES.
soUrH oARoLIyA,s eOTERyOR DE-
NOUECES THE Federal JUDICIARY.

Dspensnry Inv Hss FroNeo suceens-
COLUMBIA. 8. c.. Nov. 2S.-G Gov. Tlllman's
third annual message. read TO the General
Assembly to-day. is described by his friends as
"a scorcher'' and by his enemies as "viRor-
GUS" II is in Gov. Tllman's own peculiar
style. In critlclsinR the Federal judiciary he
is absolutely unspairing. The Governor says
that the year has been one Of intense financial
strinRency, and that the maintenance Of the
States credit. the refunding OF the five and a
quarter millions Brown consols. and the meet
ing Of current obligations promptly have
caused deep anxiety. but that the treasury
weathered the storm.
Twenty pages are consumed In treating the
question OF railroad taxes and receiverships.
and the Governors structures upon Judge
Simonton Of the United States Circuit Court
are scathing. lie declares that these cases
have been passed upon in manner that must
excite the alarm and resentment Of every lover
OF liberty and justice. The issue involved the
sovereignty OF the state and the equality OF all
taxpayers before the law. and by the decision
OF the Circuit Court In Charleston that sover-
eiRnty has been disregarded and destroyed
and preferred class Of taxpayers created with
special privileges.
The Governor says that the Supreme Court
decided in the States favor ns to taxing OF
railroads that were not in the hands or re-
OeNeIss Iut untOrtunhtely' says ne, more
than half the roads in tho state arg in the
hands OF receivers. and the question which
presents itself ia whether. during the lifo OF
the receiyerships which depends on the will
OF tho courts. the state shall lie denied the
right to collect the tuxes assessed In accord
ance with the laws and shall receive only what
the alien owners Of the roads. who select the
receivers. see proper to pay"
1t is then recited that when tax executions
were Issued against the Richmond and Dan
Vile and the South Carolina roads injunctons
were obtained from Judge Simonton requiring
the SheriTs to show cause why they should
not be attached for contempt. The Governor
says that the matter was decided by Judges
uon and Simonton in favor OF the receivers,
mos 0S rather Gt hemselysss % sob and there We're
the Governors contingent fund. The Governor
says that ne is impelled TO criticise these de.
cisions He discusscs strongly the right of
state TO levy and collect taxes. Under tho
laws OF this state taxes are n preferred lien."
and the receiver should not have the prec-
ehence over the older and hitherto undisputed
right OF the State t. collect its taxes in its own
The Governor says that the law on receivers
Is altogether modern. and that many abuses
have grown up with the rapidly increasing
menting on the expressions OF tho Chief JUS
tice. he says that heImakcs anlexcuse for allow
and to parayge the State Govern m emit lie do
clares that 1t Is u monstrous and tyrannical
stretch OF authority in him to claim that the
collection OF taxes on property in the hands Of
receiver Is an Interference by tho Executive
with the judiciary. 1t is judicial tyranny to in
cludo taxes IN the same. category with other
dehtSi and claim jurisdiction to determine
Their legality under the pretext Of a receiver
The Governor declares that tho "unholy
alliance Of court and receiver" has wrought
such Injustice and wrong that 1t is stencil in
the nostrls : and cries aloud for correction. He
declares that tho Court knew better than it's
decision Indicated. but was resolved to protect |
eighty. its laws. the laws OF Congress govern
Ing the court were al made to stand aside and
auality between taxpayers and maintain the !
dignity" Of the Circuit Court. and that the |
Mister was passed upon in an underhand and
Dulng his discussion Of this question. In |
wniisnhe cites many authorities. the Governor
Marshat were old fogies, not to be mentioned !
n n tne .sape breath with Judges Simonton and
ineeren on Is the Inc nav part lS UnHed States
court; court; ihae 1t has required century for |
Inrooi tbnt atSIpce :, to 20 SO iar Is sufficient
grasping after m,re power which has charac. |
and District courts one by one the rights Of |
the States are beine, absorbed by the Federal |
take the matter in han1 and by express limi- |
ations restrain the unlisen sed and iniquitous |
powers exercised, by the tourts in this matter
The Governor says that theFede deral Judiciary |
controls one-fiith OF the railroads in the United |
states and that Congress- sits tily by Watching |
this more than Russian absolute IN with seem |
ing indifference. Ii is no wondsr. he adds. |
that there has been maladmnistplti pecu- |
lation. robbery. and widespread 0emoraliza- |
ton; he refers to the resignation OF Judge |
~ paStTh Sh as Chiei Justice 9 me Court
the Pennsylvania and Reading l,ailroad as tho |
most 70 garing and remarkabie instance o. this
much longer shall this abuse. which cries
aloud to heaven and which Is scandal in tse
unbrid ed % poweS." be be allowed % 10 c3ntinue tin e'0
, The Governor spreads himself in the case of !
me me constable. &C. swan who seized whisEey un;
BY Judge simonton TO be In contempt. He re- |
fers TO the latter as puissant Judge whose
claims not only the right to control the rail- |
roads held by his receiver without let or him |
power. to protect c0ntraDand whiskey in the |
hands OF That receiver as public carrier. and |
"s SaTrS o s n the s1SS Eh2 sISa
hallway depot. in the face OF the plain pro-
visions OF the act OF Congress.
the Governor says: is this power gone mad.
Is II malice incarnate Or Is It a. servile,
called servant the receiver? The argumen-
lum ad hominem is not one OF my liking. and l,
would scorn to use y In a persona, ~, contIo-
lies II Is a legitimate weapon where haveto
ieal with such men; onea Judge who sucked
states rights with his mothers milk. and
now Plants his dagger in the states breast:
he other an ex-carpet baGger. who in days
past did his utmost to throttle Anglo. Saxon
civilization in South Carolina. and who has re-
urned after fifteen years absence TO gloat
oyer her humiliation at the hands OF his obe-
ilent Instrument THIS i very strong Ian.
suage. but have warrant for IL
Speaking OF the DispensaTy law which has
attention. the Governor says II has
been self sustaining. and that in tho first four
months OF trial the net profits have been ST.
td ~. Fifty dlspensarles are In operation. |
lie shows that the arrests Tor drunkenness |
lave decreased 30 per cent. IN those counties
which forwarded statistics to him. Tie makes
hese Arguments for the continuance Of the,
Aw; III
Fir.t-Ths esmsn, OF personal proat Is destroyed
sseonlA pure article Is guaranteed As is subject
o Chemical analysts /
Thrl-rhe consumer obtains honest measure OF
tandArl strength.
fourth-1r.aIinE is stopped, as the bottles not
ltned On the premises
iIfth-lt IL sold Only in tho day time: this under
equation OF tue BOARD ana not under the Jaw,
SNth-lue concOmltAnts or zee. sugar, lemons dc |
rlug removed there uul the same Inclination 10
specially at RghL aud the prohibition u its sale by
ne drink. destroy the entlcriHrnts aud sedueiions
.hleh have caused so many men ard boys To be led II
stray and enter on the downward course 4
heNshth-it Is sold only for cash and there Il no
'ngsr chAlkng up" for daily dTinEs against pay |
Az The EOrk knRman buNs ui- hltt.o nf "hlskeS Sat
TdAy nigh And carries the rest Of hls wages home.
JOha the Baptist Released.