The times. [volume] (Richmond, Va.) 1890-1903, 1894-12-16
TILLMAN THWARIED AGAIN.
Cannot DisposSsss the Charleston Military
Of Its Stand Of Arms
DECIDES JUDGE GOFP OF 0. s. COURT
an His Decision lie Says Also That the
Charges Preferred Against the COM
psny Were Not Sustained.

CHARLESTON. S. c.. Dec. 15.--After
the dispensary troubles in Darlington
county last April, Governor Ttllman
determined that he would punish the
military companies OF the State which,
dtd not go to Darlington In obedience
10 ms orders, and disarmed several or
the companies in this city and In other
parts or tho State. He made demand
upon the Washington Light Infantry. or
charleston, for the arms and equipments
In its use as the property OF the State.
Ihe company promptly surrendered
all the property OF the state, as request
ed. I'm its possession, but replied that
the stand OF arms In its possession was
by the paramount law of the United
States, devoted TO special use OF the
company.
Governor Tfliman would not accept
TINS explanation, and wrote that he
would take the arms. and TO settle this
grave legal difference, the company
sought the United states Courts and
their solicitors.
Iheodore G.. Barker ana j. 4. X. Bryan
filed In June last bill in equity In the
United States Circuit Court for the Dis
trict OF South Carolina, praying for an
Injunction and asking the Court To in
terpret the law Of Congress under which
the arms were entrusted TO the Wash
lngton Light Infantry.
The bill was brought by the officers
and members OF the company against
benjamin X. Tillman, claiming TO be
Governor of South Carolina, and others.
Judge Gor granted q restraining order
on June 18th. and the case was heard
by consent in Baltimore In September
last, and the public have been awaiting
the decision Of the Court with great In
terest. In his farewell to the Legisla-
ture, Governor Tillman spoke OF Judge
Con as holding back the decision and
denounced 1T "Goffs dirty trick
THE COMPANY uPHGLp.
But the decision was filed In the United
States court here to-day, and establishes
the right OF the Washington Light In
Government. Mr.. Con- says:
The complainant the Washington
Light Infantry, Is subject to the laws and
regulations of the State Of South Caro-
lima, relative 20 the organization and
control Of the militia OF that State, not
in conflict with the laws OF the United
states. and its members may be disci-
punished for disobedience OF the lawful
orders, but the arms and equipments in
It's possession and use cannot be taken
from 1t. except with the assent OF Con-
gress, at least on the case now pre-
sented TO this court. IL IL suggested that
said military association may be dis
banded by the Legislature of the Gen
eral Assembly of South Carolina, and
that In such event it would not be proper
Tor the property mentioned TO remain
in the possession OF those who had con-
stituted its membership. In that emer-
gency, the question likely 10 be presented
under consideration. The United States
will then take back its property or per
NIT the state to retain IL for general use
under existing laws. or pursue such other
course as the Congress might deem prop
er with that question the legislative
branch OF the Government Will deal
should the contingency arise.
THE ALLEGATION NOT PROVEN
II deem it proper 10 say that the alle-
cations made by the defendants IN their
aTsaW 70 Il. Ia. b.. .lts.rsr h..
effect that the complainant. the Wash
ington Light Infantry, of Charleston, had
violated the law, neglected it's duty. and
refused to obey the orders OF the Cover
nor and commander-in-chief are without
testimony 10 support them, and are, in
effect abandoned by counsel for the de-
PENDANTS I'm the argument made when this
case was submitted, IL being then con-
ceded that court Of inquiry, duly ap-
pointed. had fully considered the matters
on which said allegations were based and
had reported I'm substance that no officer
or member Of said Washington Light IN
fantry had been guilty of any conduct
InbecOmng an officer or soldier.
Holding. as | have indicated. relative
to the joint resolution OF March 2, 1873,
finding, as do, the use and trust created
by IT and the action had hereunder, ana
recognizing, as | must, the interest or
complaints In the property described In
It, Il follows that the orders and direc-
tiOns OF the defendants referred TO In the
bill are null and void; that the arms and
accoutrements mentioned are the proper
~ Of the United States in the possession
of the state of South Carolina for
specific purpose. that being for the use OF
the Washington Light Infantry or
Charleston, and that the defendants VIII
not be permitted to destroy that use or
trust, nor to divert said property 10 any
other use or purpose tnin the one men,
toned and intended by Congress
The restraining order heretofore grant
ed will be continued"