The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1893-01-25
RAILROAD TRAINS CANNOT BE ARRESTED
WITH IMMUNITY.
The Port Royal and Western Carolina
Road Appeals to the United States
Court-A Rule and an Order Issued
Against the Sheriff.

Yesterday morning Major Joseph Ganahl,
attorney for the Port Royal and Western Car
olina Railway Company, appeared before
Judge Simonton, sitting In the United States
Circuit Court, and submitted the following
petition In the case OF the Port Royal and
Western Carolina Railway against F. w. R.
Nance, sheriff Of Abbeville County:
limited States Of America, District of South
Carolina-In Equity.
To the Honorable the Judges Of the Circuit
Court of the United States for the District OF
South Carolina: The petition Of II. M. Conner
respectfully shows to the Court:
That by the order of your honorable Court
he was on the Goth day Of July. 1892, appointed
receiver and placed In charge, as an officer OF
said Court, OF all the property ana assets,
Western Carolina Railway Company in the
State of South Carolina, and among them Of
line of Railroad extending through the coun-
ties OF Engetield. Abbeville, Laurens. Ander-
of South Carolina, with all the trains, cars,
locomotives and other appliances used In con-
nection with said line OF railroad.
That In pursuance to the order and by the
authority Of this Court, and as an officer
thereof, your petitioner took possession OF all
and every OF said properties, and the same
are now In his charge as an officer OF this
Court.
of January, 1893, two trains, belonging 70 the
said Port Royal and Western Carolina Rail-
way Company, and In the possession OF your
said and In transit, were seized In the town OF
Green wood, in Abbeville County, by one F.
w. r. Nance, averring himself to be the
sheriff OF Aooevllie County: claiming ,tnst Una.
due the State Of South Carolina ana county
of Abbeviile.
trains was carrying freight rom spar Spartano onrg I
ma to the city Of Augusta In the State OF Geor-
That the other of said trains was service
and constructlOn train empi9yea d9 i9s Inc pnre
saie conduct Of Its business and necessary Tor
that purpose.
That at the time of the seizure OF said trains
by the said Nance he, the said Nance, was, by
your petitioners agent at Green wood, dis.
tinctly notified that said property was IN the
possession Of petitioner as an officer OF your
honorable Court In The capacity OF receiver.
That q fter the said Nance well knew that the
said property was in your petitioners posses.
sion as receiver OF your honorable Court, and
not denying the same, be, the said Nance, re-
fused to release said property, declaring MIN
self not bound TO regard the right OF this
Court in the administration Of said property.
That n consequence OF such unlawful and
contemptuous conduct on the part OF sala
Nance the said trains were delayed and heId
up several hours TO the great delay ana DAM
aye and possible disaster not only OF your pc.
titioner, but also OF other persons whose prop
erty was being transported upon said trains.
That your petitioners superintenaent oi
said railroad, we'll knowing that the SAID
Nance had no right to seize said trains, and
that the conduct OF the said Nance above de
scribed was In contempt OF thls nonoraoie
Court, ordered the conductors OF said trains
TO proceed on their way, which they accord
Your petitioner shows that no claims
against said property for taxes for the State 81
South Carolina or the county OF AooeVlne
have been filed with the receiver and are
dated and ordered TO be paid by this Court
and that 1t would be Impossible for your pc
| Ititioner, as such receiver, To administer salu
| property, properly and legally, II proceedings
| of the abore character are not duly restrained
Your petitioner shows that alter the said
trains moved of said Nance declared That he
would arrest the conductors and engineers OF
said trains and cause them to be .,unls lied
and that he would be at Greenwood on Mon
day, January q, 1893, aud would levy on the
| first train of your petitioner that should pass
over the track. Your petitioner SHOWS thai
| OF this honorable Court and prays an order
that the said F. w. r. Nance be restrained by
order of this Conrt from interfering win any
and al the property in your petitioners pos.
session, custody and cOntro rs an oHlcer o
this Court and receiver thereunder, and also
from arresting or nIolesiing Melton and D. II
| Little, the conductors of SAIL trains, for any
act done by them In the premises.
Petitioners Attorney.
State of South Carolina, Aiken County:
| Personally appeared before the uDdersign
| ed, T. S. Noise, who on oath says that the re-
| cituls OF facts contained In the foregoing pell
| tion are true OF his own knowledge save as u
matters stated on information and bellef. ahc
| that as to those matters he believes Them tC
be true; and that he, the said I. $. Noise, !.
the superintendent OF the Port Royal anc
Western Carolina Railway Company, undel
! the said II. M. Conner, receiver. L. ). Noise.
| sworn TO and subscribed before me this 2ls
day of January, 1893. Louis Schiller: lLS.l
Judge SimOntOn Invites the Sheriff
to Charleston.
After hearing the foregoing petition Judge
Simonton filed the following restraining or
der:
Upon reading the foregoing petition and af
| fidavit, 1t Is ordered That The same be hled
and that q rule issue and oe served upon +
w. Nance requiring him TO show cause be
| fore this Court, on the 3Oth day or January
| 1893, at 10 o'clock a. NJ, at Charleston, 5.
why he should not be attached and punished
as prayed for. =,
1t is further ordered that the said F. w. r
| Nance show cause before me at the same time
and place why Il writ OF Injunction should no
Issue res Slraning him from interfering witt
any or all OF the property In the possession o
II. NJ. Conner as receiver OF This Court, and al
SO from arresting or molesting j. r. Little. o
Melton, for any act done by them In the prem
i ises.
In the meanwhile It Is ordered that the sale
F. w. r. Nance refrain from selling by lev,
or otherwise any OF the property in the pos
session of H. NJ. Conner, as receiver Of thl
i Court, until the matter can be inquired int
by this Court and It's further order thereon.
Charles H. Slmonton,