The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1893-03-01

filled by eight railroads. All OF these
cases were tried by demurrer in the
United States Circuit Court. In this
mode of trial the State for the argu-
ment on the demurrer admitted every
fact that is well pleaded in the bill.
Among other facts admitted were two
upon. which the cases Of the railroads
rest:
First. That by a rule of assessment,
adopted and concurred in by all the
county boards of assessment through
out the State, all real and personal
property in the State was assessed at
an amount not exceeding so or so per
cent of its value.
Second. That the board of equaliza-
ton, knowing ofthe existence of this
rule, assessed all the railroad property
in the State at more than its actual
value, with the intent to cast greater
proportion of the burden of taxation
upon the railway companies than was
right.
The Court at the trial last April
overruled these demurrers. In effect
the Court said if the facts stated in the
bill are true the roads are entitled to
have the disputed part of the tax en-
joined. It gave the treasurers, how
ever, leave to answer over so that they
might have the right to dispute these
facts. In two Of the cases, the North
eastern and Central of South Carolina,
the treasurers declined to avail them
selves of this right and these cases
were taken by appeal at once to Wash
ington. The Supreme Court directed
these bills to be dismissed on the
ground that the amounts involved
were below the jurisdiction of the Cir
cult Court.
Having decided that the Circuit
Court had Jurisdiction the Supreme
Court could not 60 on and decide the
main question in the case. The effect
of the decision was, however, to elimi-
nate these two cases from the contro-
versy, as to them the decision is final
and they nave paid the taxes. d..
The case brought by the Charleston.
Sumter and Northern Road was aban-
doned.
In the other cases, those Instituted
by the Wilmington, Columbia and
Augusta Railroad and the Richmond
and Danville Railroad, the counsel for
the State did not think it prudent in
view of the large amounts involved to
concede the facts stated in the bills,
this they would have been compelled
to do had they appealed at this stage.
Instead: of appealing they answered
denying the existence of the rule con-
tended for by the roads. Under this
pleading the cases must now be sent
to reference, before whom both sides
will have an opportunity of introduc-
ing evidence.
When that has been done the cases
will be tried by the Circuit Court on
the testimony taken, and from that de-
cision the State will have the right to
appeal if the decision is adverse.
I intend, continued Mr.. Lord, to
move at an early day for a reference OF
this case to Master to take testimony
touching these matters, so that these
cases may be argued before Judges Cot
and Simonton in the United States
Circuit Court.
THE RAILROAD LITIGATION FROM A
GEORGIA STANDPOINT.
From Dixie
Governor Tiliman, of South Caro-
lima, is vieing with Governor Hogg, OF
Texas, in his hostility to railroads.
Governor Tillman is putting himself in
bad light before the country. He
appears to be vindictive in his attitude,
and issues circular letters to the sherif1s
of the state cautioning them not to
allow his communications to them to
get to the public. When Governor
proceeds against any citizen or resident
of his State and hesitates to let the
public see his hand he cannot expect
the confidence of the public. If the
railroads owe taxes they should be paid
and if not paid voluntarily they should
be collected in the usual way. South
Cardinals roads claim that the coun'
ties have jumped the taxes upon them
without legal warrant.
There is a legal way to decide the
question of obligation on the compa-
MES. A railroad is not something which
can be picked up and carried away. II
is not perishable property in the ordi
nary acceptation of the term. Nc
transfer can avoid the States claim fol
taxes, and not county in South Caro-,
lima would lose a penny to which it is
lawfully entitled.
Governor Tillman is injuring his
State more than he is hurting the
transportation lines. They will be on
top of the ground for many years
Some day they will have that advant-
age of the Governor. His policy is not
attracting investors to the State. Per
haps her neighbors ought not to com
plain ofthat, but they are not so selfish,
and desire to see old South Carolina
keep pace with the best in develop
ment and prosperity. Georgia has
suffered from this same spirit Of hostil'
ity to corporations. Last year 0,0oo,'
600 worth of property went into the
hands ofreceivers in the State. Values
of every description shrunk, and all
security holders were affected, even
down to the owners Of one or two shares
of stock in town lot scheme.
It was a bitter lesson and will be
| long remembered. Reaction was quick