Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1893-02-23
STATE RIGHTS UNDER PAR.
ADVERSE DECISION BY THE FEDE.
BAL COURT AGAINST THE STATE.
The sheriffs Heavily Fined.

the United States Court, to-day in the
railroad tax cases has fallen like clap
of thunder from clear sky on the State
administration circles and everybody is
now anxious.y awaiting Gov. Tillman's
i,ext step.
Deputy United States Marshals left
here this afternoon on a special train to
take possession of the property that had
been levied upon and it is said that they
bear orders from the Sheriffs, who are
now in custody for contempt, to their
deputies to surrender the property. BY
tomorrow morning there will be gene
raj unlocking of the locomotives and
trains that have been chained to the
tracks of the South Carolina and Rich
mond and Danville Railroads.
In the opinion, which was read by Judge
Golf, the court says: eve cannot escape
the conclusion that the purpose of the
Sheriff was not to follow the law and
that his action was the result of prede-
termination and intention to coerce the
receiver and this court into the payment
of the excessive tax, Notwithstanding
and dispite of the claim that it V'as IL
lega! and void. There can be no doubt
that property in the hands of receiver
of any court, either of State or of the
United States, is as much bound for the
payment of taxes, State, county and
municipal, as any other property. Per-
sons cannot, by coming into this court
and for the promotion of their own in
terests applying for and receiving the
appointment of receivers, obtain exemp-
ton from the paramount duty of a citi-
zen. For this reason receivers in the
district pay all just and lawful taxes
without asking or needing the sanction
of the court, and in their account such
payments are passed without question.
But on the other hand, receivers are not
bound to pay tax in their Judgment
unlawful and without the order Vi the
court, and when they consider the legal
ity of the tax questionable it is their
right, their manifest duty to apply to the
court either for instruction or protection.
Especially is this the case when the ques-
ton arises between the receiver and per-
sons in the State, county and municipal
government as to the proper construction
to be given to the law, upon which in
di7iduals may well differ, and it is his
right and manifest duty to go to the
court whose creature he is for instruc-
tions. He, therefore, pursued the proper
course when he came in by this petition"
In conclusion the court says: I'VE
recognize that the question has not been
finally decided, and for this reason our
injunction goes only until further Or
der. If testimony be offered in an ordi-
nary way, and if the fact be established
that the assessment and the taxes levied
Hereunder are just and lawful, it will
afford pleasure to the court and it will
be its duty to order it paid forthwith as
paramount lien on all the property and
funds in the hands of the receiver"
The Sheriffs, four of them, committed
for contempt, are now consulting with
the States attorney. The impression
prevails that they will pu-ge themselves
from contempt in open court if the Gov
ernor does not prevent them from SO
doing. The plan of the Governor is to
have the Sheriffs submit to imprison-
ment so that he can apply to The United
States Supreme Court for habeda c>rpus,
but it is doubtful if those officials will
consent to 90 to Jail in order to make a
test case.
The situation is exceedingly interest.
ing. The adherents of the Governor
have no hesitancy in saying that he will
defy the case by force if necessary, in
which event there may be a direct con-
tl;ct between the State government and
the Federal Courts.
HOW THE STATE AUTHORITIES TAKE 1T.
COLUMBIA, February 16.-The State
Department is as blue as indigo to-day
over the adverse decision in the railroad
case. Gov Tillman is not smiling over
the decree, but he says that it was not
surprise as he had been looking for such
decision. He said that the State was
prepared for the emergency and that its
pleadings had been prepared with view
to further proceedings in the higher
court.
1T can only be attributed" said he,
''to ignorance, or tyranny even if lawful" "
Before the news of the decision was re-
ceiyed, the Governor sent the following
telegram to Attorney Jones, in Charles.
ton: Anticipating an adverse decision
and order of Imprisonment or fine, unless
the Sheriffs release the property, l say
we must fight it out on habeds corpus
proceedings and by appeal. If moi
jailed or committed for contempt prt
forma, and we can agree to release with
out weakening our case, do so. Prepare
papers and let me know what lawyer at
Washington should be retained to assist
YOU. Order Sheriffs and Treasurers to
stand firm and we. WILL see them out
harmless"
Gov. Tillman says that he intends to
fight it out to the bitter end.
81 have not the slightest idea of stop
ping" said he. 1T will take higher
court than that of Judge Simonton and
Judge COTS to stop me. AS far as the
holding of the Sheriffs is concerned, it is
exactly what we want We now intend
to take the cases to the United States
Court at Washington
When questioned as to the event OF
some OF the Sheriffs paying the fine and
getting out Of trouble, the Governor said
he had not the slightest fear that any OF
them would show any weakness.
But if they do," said he, II have
some Sheriffs who will fight it out"
The Governor says that the issue
hinges on whether property in the hands
of receivers can be levied on for tax the
same as other property. "If," said he
'the Federal Court is right, it is favor
itism of the rarkest kind, and it's Civ
ing insolvent corporations privileges
that solvent corporations have not got