Birmingham age-herald., 1894-12-16
PULLMAN TURNED DOWN. Washington Light Infantry of
 Charleston Winners
IN THEIR INJUNCTION SUIT,
And Are Allowed to Hold tho Stand of Arms Now in
 Their Hands.

CHARLESTON, s. C., Dec. 15.-After the dispeusary troubles in Darlington county last April, Governor Tillman determined that be would punish tue military com panies of the state which did not go to Darlington iu obedencs to his orders, and disarmed several of the companies in this city and in other parts of the state. He made demand upon the Washington Light Infantry of Charleston for their arms and equipments, as the property of the state. Tbe company promptly surrendered all the property of the state, as requested, in it's possession, but replied that the stand of arms in its possession was by the para mount law of the United States devoted to the special use of the company. Governor Tillman would not accept this explanation, and wrote that he would take the arms, and to settle this grave legal difference the company sought the United States court, and thelr solicitors, Theodore G. Barker and J. P. K. Bryan, filed in June last 0 bill in equity in the United States circuit court for the district of South Carolina, praying for an injunction and asking the court to interpret the law of congress un- der which the arms were entrusted to the Washington Light nfantry.
 The bill was brought by the officers and members of the company against "Ben ja- min k. Tillmap claiming to bo governor of South Carolina,' ' and others. Jud se Golf granted a restraining order on June 15, and the case was heard by consent h Baltimore in September last, and the pub lie has been awaiting the decision of the court with great interest.
 In his farewell message to the legislature Governor Tilman spoke of Judge Golf as holding back the decision and deuouced 1t as Goff's '.dirty trick, ' but the decision was fl led in the uuted States court here today and establishes the right of the Washington Light Infantry to the arms given the state for the special uss of this company.
 After reviewing the law and the facts in the case, Judge Golf says: "The com- plainant, the Washington Light Infantry, is su bject to the laws and regulations of the state oi South Carolina relating to the or gauiZation and control of the militia of that state, not in conflict with the laws of the United States, and it's members may be disciplined for infractions of the same, and punished for disobedieuce of the lawful orders; but the arms and equipments in it's possession and use cannot ue taken from iL except with the assent of the congress, at least in the case now presented 10 this court. It is sugges ted that said military association may be disbanded by the legis- lature or the general assembly of Souta Corolina, and that in such event iJ would not be proper for the property mentioned to remain in the possession of those who had constituted it's mem oership. Ia tha6 emergency the question likely to be presented would be quite different from the one l now consider. The United States would then take back it's property or permit the state to retain it for general use under existing laws, or pursue such other course as the congress might deem proper. With that question the leg isiative branch of the government will deal should the contingency arise.
 "l deem 1t proper to say that the allega- tions made by the defendants in their answer to the rule to show cause, to the ef- feet that the complainant, the Washing ton Light Infantry, had violated the law, neglected its duty and It fused to obey the orders of the governor and commandef-in- chief, are without testimony to support them, and are in effect abandoned by counsel for the defendants in the argu- ment made when this case was submitted, 1t being then conceded that court of in- quiry had fully connidered the matters on which said allegations were based and had reported in substance that no officer or member of said Washington Light In- fantry had been guilty of any conduct un- becoming an officer or soldier.
 ''Holding as have indicated relative to the joint resolution of March g, 1878, ind ing as do the use and trust created by 1t, and the action had hereunder, and recog- nizing as must the interest of complain ants in the properly described, it follows that the orders and directions of the de- fendants referred to in the bill are null and void, that the arms and accouterments mentioned are the property of the United States, in the possession of the South Car olina authorities for specific purpose, that being for the use of the Washington Light Infantry of Charleston, and that the defendants will not be permitted to destroy that use or trust, nor to divert said prop erty 10 any other use or purpose than that mentioned and intended by congress. The restraining order heretofore granted will be continued.'