The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1893-11-23
the success of the enterprise beyond
anN nnaSihla naradXentura

nary CIu'So 1Holo 10 UblOTo us long
tedious and expensive litigation. 1t is
manifest that the Central railroad in.
tends In every possible way to resist
the demand Of the State, and if possi
ble to prevent it; that every legal re-
source will be exhausted to DELAY. tire
out and finally defeat it.
The question for the consideration
of the General Assembly is whether
The State Is willing to subject itself 20
process OF this character from cor
poIatiOn Of It's own creation, but now
dominated and its policy controlled en-.
tlrely by a foreign corporation Or
whether it will exercise the powers re-
served for such occasions as this and
require that this corporation shall he
reorganized in accordance with the su-
preme spirit and policy Of its laws, to
carry out the purposa for which 1t was
originally created. 1t seems that
this Is case in which the State should
insist on its being done.
II would, therefore, respectfully re-
commend the passage by the General
Assembly Of an act repeating the char.
ter of the Port Royal and Augusta
Railroad Company, and providing In
proper way for the winding up of it's
corporate existence, and for distribu-
tlon OF It's assets by a sale, among the
creditors and others legally entitled
thereto, according to their several pri-
oiities. In this bill care should be
taken to provide that in the organiza-
tlon of any new corporation there
should be such supervision and scru-
tiny as to prevent the new corporation
being organized as mere representa-
tive of the Central railroad of Georgia,
or other competitive corporation.
81 think such a course is due not
only to the proper dignity of the State
itself, but also to carry out the purpose
tor which this corporation was ere.
ated and further, for the benefit of
those citizens of the State living along
its line who have been so long denied
the privileges which they now enjoy
and which were originally intended to
be conferred upon them"
Attorney General Townsend, in con-
clud1Dg his report says: I'm conclusion
L Will say that the litigation of the
present year has been great, and far In
excess of any year perhaps in the his
tory OF the State, and probably even of
many years together. This is to be re-
GREETED in one sense, but in bold and
vigorous execution of the laws. some
of which were entirely new. litigation
was to be expected, and indeed could
not be avoided With safety to the in-
terests OF the State.
"Ihe expenses, too, as you will see
from this report, have gone far beyond
the appropriation made by the Legisla-
ture at Its last session. This could no t
be avoided. l was fortunate in max.
ing arrangements to meet all these ex-
penses,and trust that your honorable
body Will make such provision in re-
gard thereto as shown by this report
to he necessary"
No wonder the Attorney General has
been nearly worked to death and is
forced to say that the litigation has
been great. A glance through the
thirty odd pages of the report shows
that there have been fifty, eight cases
brought as an outcome of the dispen-
sary law and ali since the law
went into effect in July last. These
cases, too, are only those with which
the Attorney General had to do. After
giving carefully prepared, yet brief
resume OF each State tho Attorney Gen
eral gives the present status.
First comes the trade mark case in
which the case won. Major Townsend
says he understands there will be an
appeal to the United States Supreme
Court.
Then there were the two cases
brought by the Richmond and Dan
Vile road against the Railroad Com
mission In regard to the whiskey rate.
In regard to these cases the report
says: Judge Simonton has rendered
his decision in favor of the State on
the constitutional points, and has re.
TERED 1t to IL. w. Shand, Esq, Of Co.
lumb1a, S. g., special master, to take
testlmony and report as to the rea-
sonableness or unreasonableness of
said rates. No testimony has yet been
taken, owing to the great pressure Of
business In my office, but expect yery
soon to move before said master for
that purpose"
Then there are the two mandamus
cases brought In the State Supreme
CourG Dy Major Hamilton on the mat
Ter or liquor licenses which the State
won.
The cnses of Ward and Lanaford
the railroad agents, involving the right
TO deliver Whiskey,is treated of. Major
townsend says he is now waiting for
ms appeal from Judge Simonton's de
clslon III these cases to be heard by the
United States Supreme Court.
In regard to the case of the State VS.
James In Darlington county, which
was an action in the State courts to
test the constitutionality of the dis
pensary act, the report says it was re-
moved to the United States Circuit
Court, is now on the docket and the
Attorney General will intervene on be-
half of the State to protect the States
rights. The argument will hardly come
up before December.
The three cases brought to prevent
me onening Of the dispensaries at Mt.
f'easant, Walterboro and Columbia
are treated of. All were decided In
laVor or the State, but In the Richland
case an appeal was taken which will be
SSeara Sea at the approaching term of the
o'ate supreme Court.
several pages are devoted to the cele.
a.eu o,u Swan case. The history of the
oi"S oHSS 10 given and Major Townsend con-
tauaee: Judge Simonton decided in
,"y4r ~r,t % OF the railway authorities. A
VIZ WIZ OF habeas cor pus was sued out
Han, rom Mf' Justice Field of the supreme
Goart lou OF the United States, and the
case Is to b. heard on the 9th % dav VnS 90
November. The State will contsnd u%y VI
that there was no Federal uuestinn dn
vowed and Judge Smonton was w,th m
out jurisdiction In the matter"
'Hf c.lan pf