The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1893-12-19
Nosao.
THE RAILROAD QUESTION.

The Cnitetl States Conrt Como Tooe
Far i'm UsurpinG Authori,y-State
Sovereignty Must be Maintained OR
Surrendered.
Columbia Register.
IN Governor Tillman's message To the
Legislature at its present session he
was very outspoken and aggressive on
the subject of railroads and receivers
ana the attitude of the United States
Courts lii the collection of State taxes o
Inc question of railroad receiverships
mas attracted great deal of attention
and caused considerable trouble in
otner States besides South Carolina,
Governor Tillman sent copies ofhis
recent message on the subject to
several of the Governors of the States
anu has received replies of very strong
endorsement of his position on the rail
road question. The following letters
written by Governor Mitchell OF Florida
ana Governor Stone of Missouri will be
exceedingly interesting at this time
EXECUTIVE DEPARTMENT,
IALi.AliASSEE. Fla, Dec ), 1893
Hon. B. II. Tillman, Governor of
South Carolina, Columbia, S. G..
Dear Governor: | am in receipt of
your annual message to the General
Assembly OF South Carolina. The
message | have not read vet but note
With much interest the contents of
your letter III regard to taxation in
your State.
Florida has also been put to much
expense in collecting taxes upon pro-
perry IN the hands of receivers APP
pointed by the United States Courts.
This question in my opinion should be
placed beyond the control of the courts.
me property of Il corporation. or any
individual, i'll tho hands of afUnited
states Court receiver should, by an
Act OF Congress, be made subject to
state taxation in language so clear
that no Judge can, after the passage of
such Act, prevent the collection of
oeatc taNes upon property in the hands
OF United Stutes Court receiver, and
shall write to the delegation i'm Con-
grcss irom this State and urge them to
assist IN placing it beyond the power
OF any United States Judge to Interfere
III the collection of State taxes upon
property in the hands OF reccivors.
l nave recently heard of IL Judge of
the United Stated District Court going
North IN the private car Of one of his
the case in other instances.
Ihls lording it over the people bv
Judges holding office for life, and
amcnaDlc to no law should be stoppcd.
Very respectfully,
IL. l.. MITCHELL, Governor.
The following letter was also rcceiv-
ed from the Governor of Missouri
EXECUTIVE DEPARTMENT.
JEFFERSON CITY, Mo-. Dee. /. 1898.
Hon. Is. Il. Tillman, Columbia, $. G..
Dear Sir: Permit me to thank YOU
1or your recent message to the General
Assembly Of your State, relating othc
nsurpation of the Federal Judiciary.
Ihls is question to which I have
given some considerable attention and
one in which fell profound interest.
| send you herewith II copy Of a mes
sage | sent to the General Assembly of
this state in February last 1t rcates
TO another phase of the same general
question.
think the State authorities should
cX.rt themselves and use every lcyiti-
mate means, to, put, OF to haye put.
some restraints and limitations upon
the jurisdiction of3hc Federal Courts.
For many years. and until very recent
l!y, the Federal Courts have been justi-
tying the apprehension and fulfilling
the prophecy of Thomas Jefferson that
they would prove to. be the greatest
danger to our institutions and liberties.
However, with the last year or two I
have been glad to note some tendency
on their part to retreat from the ad-
vanccd grounds they had taken and re-
turn to the old and better practice.
1T behooves the States none the less,
to be vigilant, To be aggressive, if
need be, and to compel IL proper OBJ
ScrVancc OF the Constitution and pro-
per recognition Oi the State authority
Nlndcr the Constitution. by tho courts
of the United States These tribunals
are as nearly irresponsible us they can
be made. But even th" must yield to
tho demands of the people when thcy
nave right, Justice and the Constitution
upon their side.
II the States are not willing and able
TO resist aggression and usurpation
chen they are unworthy to wear the
crown OF sovereignty. and nothing
much would be lost if they should be
stripped of it. But I believe the old
spirit and love OF liberty is still
supreme force in our civilization. and
that the people are not yet disposed to
surrender their State governments.
The courts should be respected and
their mandates supported and upheld
as long as the courts themselves abide
by the long established interpretations
OF our Constitution and do not seek for
the exercise OF arbitrary power, to
revolutiOnizc our form of government.
and TO destroy the authority Of the pco-
pie themselves in the conduct of doncs-
tic affairs.
1t is IL source Of the highest gratilica-
ton to me To observe that so man. OF
the Governors are taking cogniaancc of
these usurpatiOns and are expressing a
determined purpose to resist them.
The issue should be sharply made and
there should be no retreat from il until
| the Federal Courts are made to under
stand that they are more creations of
| public authority and arc maintained
| iOr public purposes, that the Judges OF
| tnesc courts are the servants and not
the masl"rs of the people. that they
| are not above the States Of this onion
| but below them, and as much obligated
to respect and support the authorities
of the States, within proper limits, as
if they were part Of the State govern
mental machinery.
Very respectfully
WIN. j. STONE, Governor.
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