The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1893-11-29
IEnICIALL ISSOLENCE

| JUDICGALL INSOLESCE
| to 60 so far Is sufficient basis In law or justice
and could only spring from that perpetua
grasping after more power which hns charat
| terlzed the Judges of the United States Circui
and District Courts. One by one the reserve
rights OF the States are being absorbed by tn
| Federal Judiciary, and II Is high time f'
| Congress To take the matter In hand ana b.
express limitations restrain the unllcense
and iniqutOns powers exercised oy the Court
| In this matter OF rcccivershirs.
| There Is talk In some quarters, and grow
| Ing demand for
GOVERNMENT OWNERSHIP OF RAILROADS.:
| for these corporations, whether In the hands @
| receivers or OF the Own"rS themselves, hav
found such ready and willing tools among tn
Federal Judges. who nre ever ready Il
TO stand between them and the people II
their efforts to restrain them within reason
able bonds, that no other mode OF relle
appears possible. This Is not q desirable
solution Of the problem. and do not advo
cate it; because such control would altnos
Inevitably be used MS an engine In election!
| by The use of the employees ut the ballo
| box for the benefit OF the party In power
| The more Idea Is repusnant TO Republican
| form of government. But those who manip
ulate and control these corporations, and wht
grow rich In robbing tue people through
then-suct menin plrticuar-hold up thei
hunds In horror al hs mere Idea OF govern.
ment ownership. But what have we In th'
United States at this time? What is the
condition OF large number of these corpora
lions? Upward OF
lTHIRTY-THREE THOUSAND MILES OF RAJ !
ROADS,
one-flfth OF tho total milage In the United
States. and representing a capital OF more
than 81 ,4U0, ,0O0, QUO, are to-day In the hands o.
receivers. who are bnt the servants or partners
Of the Judges. We have here government
ownership or control (lt least In effecU the
most absolute and IRRESPONSIBLE that Is pOss.
be 10 exist. The Federal Judiciary, Without
""y Statutes on the subject. or com paratlveIy
iew limiling or defining their powers, control
one-fnh of the railroads in the United States
Without responsibility To anybody; Without
any body TO overlook them or their agents,
the receivers; without any accounting 10 be
had for the millions anil hundreds Of millions
OF dollars OF these wards In cbancery"
issue receivers certificates which are preferred
officers when they attempt TO collect taxes
arrest our Constaales for the slightest Inter
terence even with freight they haul; bargain.
ing with the receivers for the employment OF
Idly by watching this more than Russian
absOlutism With seeming indifference.
With this vast amount OF property held 10
absou possession, without responsibility 10
any one, 1t is small wonder that there has
been maludminislratlon, peculatlon, robbery,
and widespread decentralization. One Court
In Vermont has held railroad under 81 re-
ceiVcrship for twonty-scven years. Mnny
corporations have found themselves saddled
with heavy debts by the incompetency or
dishonesty Of the receivers, who, we will see,
are sometimes the servants and at other
times the masters or the Court. Men who
want to make money rapldiy-hOnestly II
they can, but who must "make money
seek the position OF receiver with avidity.
The most glaring and remark ,nle instance
OF this "JaciHs descensus AUerni' occurred
year when
JUDGE EDWARD II. PAxoN, CHIEF JUSTICE
OF THE SUPREME COURT OF Pennsylvania,
with atill four years tenure, resigned his high
office to accept the receivership OF the Pen
sylvania and Reading Railroad. How much
longer shall this abuse. which cries aloud 10
heaven, and which Is u scandal In the land,
orldled power. be allowed to continue? BY
comparison, government ownership, under
strict laws and rules, such as obtain In the
postal service, would be such an improvement
that II Is bound to come unless the abuses OF
receiverships are stopped.
sIMoNToN AND SWAN.
I,have already shown the results to the
Sherifrs who, In obedience to 9he State laws,
which are equally binding on the Federal
possession by the Courts OF the ''res," as the
legal phrase goes, since the decision Of the
Supreme Court can no longer be disputed In
any particular whatever. But mark, you.
The pulssant Judge, whose satrapy Is South
Carolina, has gone one step further. He not
ouly claims the right to control the railroads
held by his receiver withoutlet or hlnderence.
but he Attempts, and has exercised the power,
to protect con traband whiskey in the hands
OF that receiver as q public carrier, and has
imprisoned State Constable (Swan) who,
sliced barrel OF whiskey In the South
Carolina Railway depot In Charleston Ia the
face OF The plain provisions OF the Act OF
Congress, which says:
"That all fermented, distille or other
intoxicating liquors or liquids transported ln-
to any Staio.oy Territory or remaining therein
for use, consumption. sale or storage therein,
shall, upon arrival In such State or Territory,
be subject 10 the operation and effect OF the
laws OF such State or Territory enacted In the
exercise Of lts police powers TO the same ex-
liquids or liquors had been produced in such
State or Territory, and shall not be exempt
by reoson Of being In trOduced there
In In original packages or otherwise"
and protect those who deal In 1t, Judge
SImonton says arrival" means mol only that
the WhIskey must reach It's destination, but
must be delivered to the conslgnee. The law
for the control of tue liquor trafhc, which iS
the welfare of the pubic health and morals,
ls dIsyarded and the railroads encouraged TO
defy the state. The analogous power 70
establish quarantine Tor ike purpose e4lsls,
and like lucid and reasonable Interpretation
or the meaning OF plain English word would
choleru and bought IL ticket to Charlerton
over one Of Judge Slmontons railroads. the
quarantine officers could not stop him until
lie had got out OF the car within the city
llmits, Judge Simonlon would not consider
him as having .'arrlved' Within the jurisdic.
lion OF the States law until be had completed
Is this power gone made Is 1t malice incar-
nate7 Or Is tia
sERvILE, cRING1Na OBEDIENCE
to the orders OF bis so called "seryant," the
receiverf The drgun-, .i,ins 0d honliren is not
one of my liking. anu would scorn 70 use II
in q personal controversy, but In the dis
charge Of my official duties II is Legitimate
weapon where have 10 deal with such men
one q Judge who sucked States rights with
his mothers milk and now plants his dagger
In the States breast, the other an ex-carpet-
bagger, who In his past days did his utmost
TO throttle Anglo-Saxon civilization In South
Carolina, and who h .s returned after fifteen
years absence to glolt over her humiliation
at the hands OF his obedlent instrument
Th 10 10 verv strong LANGUAGE but let uS see