The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-04-25
U. S. SUPREME COURT DECISIONS.
SOUTH CAROLINA TAX CASES
PASSED UPON.
A Washington Case Presenting I'm
usual and Novel Features
Finally Settled.
Special to the REcoRD-UN1or

Special to the REcoRD-UNIoN.
WASHINGTON, April 24.-The South
Carolina tax cases were passed upon by
the Supreme Court of the United States
to-day, the opinion being delivered by
Chief Justice Fuller. 1t came up on pc
tition 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. He had
seized train on the South Carolina Rail-
road upon warrant issued by the State
authorities for the collection of taxes
which were in controversy. The
road was in the hands of receiver ap-
pointed by the United States Court, and
he was adjudged guilty of contempt for
failing to release the property under
order of that court. He came to the Su-
preme Court for relief
Justice Fuller read an opinion contain
ing much stronger language than is usu-
ally found in such documents, denying
the application of the petitioner for a
writ. He said the seizure of property by
force was unjustifiable, and could not be
taxes are not superior to the general rule
which makes property placed in the
hands of receiver subject to orders of
the court; they are to be determined in a
regular way and proper manner. The
action of the Circuit Court, Chief Justice
Fuller said, was in no sense an action
against the State of South Carolina, which,
it was concluded, could not be maintained
under the Eleventh Amendment to the
Constitution. In conclusion, he said the
Circuit Court was equipped with the full
est power to protect its dignity and en-
force its mandates, and its use of these
powers in the cause in point could not be
reviewed here. Therefore, the petition
for writ of habeas corpus was denied,
The same judgment was announced in
the cases of Sherman. Riser and Gaines.
who came to the Supreme Court of the
United States with Tyler for relief.
The United States Supreme to-day af-
firmed the judgment of the United States
Circuit Court of the State of Washington.
in refusing to grant writ of habeas cor
pus in the case of Albert Frederick, now
undergoing sentence of twenty years. i'm
prisonment for murder in the second de-
gree.
A case presenting unusual and novel
features was decided in the Supreme
Court to-day. Justice Gray delivering the
opinion. 1t was entitled the Northern
Pacific Railroad Company versus C. J..
Brooks 81 Co. ct al, defendants, in
Guiding a number of saloon keepers and
the Board of County Commissioners of
Kittitass county, Washington. The rail-
road company brought suit to abate sa-
looms maintained by defendants as mis-
ances, and to prevent the Commissioners
of the county from renewing licenses To
them.
The ground upon which the COMPLAINT
was based was that employees of the COM
pany, who must necessarily use dyna-
mite and steam in constructing the COM
pany's railroad line through Kittitass
County, were induced by the presence of
defendants saloons along the line of
work to become untitled for the safe use
of these instrumentalities, and thereby
caused loss to the corporation by DELAY
in finishing the work. The State courts
ruled against the company, and an ap-
peal was taken from the judgment of the
Supreme Court of the Territory of Wash
ington to the Supreme Court of the
United States. Justice Gray, however,
for that court affirmed the Judgment of the
Territorial Supreme Court, stating that
upon none of the grounds advanced by
counsel for appellant could it maintain
the action and secure the relief sought