The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1894-02-14
Conflict in South Carolina.

We have received copy Of 1.-The
memorial of the General Assembly of
the State Of South Carolina to the
Congress of the United States in the
matter of receivers of railroad corpora
tons, aud the equity Jurisdiction of the
Courts of the United States " The
position is taken that the United States
Courts have no power conferred by the
Constitution or by acts of Congress to
appoint receivers Of railroads; aud,
therefore, all such appointments are
void. The point is pressed that the
power being usurped, no number of
precedents can confer power or jaris-
diotion upon the Courts, and that
..unless the Federal Court Of Equity
had jurisdiction when for the first time
it appointeds arailroada receiver, the
appointment of thousand receivers Of
railroads cannot clothe it with that
Jurisdiction.
The memorial is written in vigo.
rous style and presents forcibly the case
Of the State in its efforts to collect
taxes from railroads in the hands Of
receivers appointed by the Federal
Court. The railroads in default are the
South Carolina, Greenv,lle and Colum-
bia, Spartanburg railroad, Charlotte,
Columbia and Augusta, and Atlanta
and Charlotte Air Line Out of a
total railroad mileage in South Caro-
lima of 1854, 1.419 miles are in the
hands, of receivers. These roads are
in arrears for three years for State.
county and school taxes The amount
due is $685. 600 or about $4,000 a
year. This deficit, no doubt, causes
some embarrassment to the State
government.
The memorial is formidable docu-
ment. It covers sixtyefve pages of
matter printed on foolscap. It sug-
gests to Congress Legislation 90 these
lines:
1. To confer upon the Courts of the
United.States power and jurisdiction in
the matter of railroad receiverships.
2. To define and limit thas power
and set bounds to that jurisdiction.
3. To determine the life of a railroad
receivership.
4. To prevent the courts of the
United States and their railroad
receivers from interfering with the laws
of the States in the collection of taxes,
and in the exercise of their police
power.
The railroads, whether in the hands
of receivers or not cannot escape taxa
tion. but We confess to sympathy With
the railroads that have been driven to
the wall by the hard times. They have
done much for the South. In the
development Of South Carolina, they
have been important factors. The
public is too prone to forget the invalu-
able services rendered by railroads and
to look upon corporations in general as
their enemies. There is 20 excuse for
this antagonism. Railroads cannot
escape taxation The state has lien
upon them that must be satisfied. The
delay is vexatious but necessary in the
judgment of the Federal Court.
This Court is DOT of foreign creation.
It is part and parcel of the judiciary
system of our government. It should
receive our support and its decisions
should be obeyed aud respected by our
people.
Judge Simonton is South Caro-
liniau. He was gallant soldier, and was
at the front from 1861 until the war
closed. This Federal Judge has charac-
ter aud ability. and his service to his
people in war and in peace entitle him
to their respect and confidence. Judge
Simonton is jurist and patriot, and
he can be depended upon in the dis
charge of the duties Of his high official
station, never to do anything against
the honor and welfare of his native
State.
We have known Judge Simoutou for
nearly forty years, aud We have yet to
hear aught against him. If the honor
aud interests Of the people Of South
Carolina are not secure in his keeping,
We would despair of the future Of our
sister State. We know of DO truer man
in South Carolina than the Hon.
Charles H. Simonton, judge of the
United States Circuit Court He has
been proven without fear and without