The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-12-16
TILLMAN AND THE TROOPS.
ChaTleStOn'S Light Infantry 10 Keep
Their Guns.

Judge COT Of the United States Court
Decides That the Governor Had No
Right to Take the Guns From the
Company on Account of It's Refusal
TO Obey His Order to Go TO Darling
ton-The Weapons Furnished by ths
Federal Government for a Specific
Purpose.
Charleston, S. c.. Dec. 15.-After the dis
pensary troubles IN Darlington county last
April Gov. Tillman determined that he
would punish the military companies OF
the state which did not go to Darlington
in obedience to his orders. and disarmed
several Of the companies in this city and
other parts OF the state. He made a de-
mand upon the Washington Light Infantry
Of Charleston for the arms and equipments
in its use as the property Of the state. The
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. Gov. Till
man 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 their solicitors, Theodore G. Baker and
j. Z. X. Bryan, filed In June last a bill i'm
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 under which
the arms were entrusted to the Washing~
ton Light Infantry. The bill was brought
by the officers and members OF the CONS
pany against Benjamin r. Tillman.
claiming to be governor OF South CaroS
lima" and others.
Judge Gom granted a restraining order
on June IS, and tho case was heard by
consent In Baltimore in September last
and the public have been awaiting the de-
cision of the court with great interest. Im
his farewell message to the Legislatures
Gov. Tillman spoke of Judge Con as holds
ing back the decision and denounced Il as
Cons dirty trick" But the decision
was filed in the United States court here
to-day and establishes the right OF the
Washington Light Infantry to the arms
given the state for the special use OF this
company.
After reviewing the law and the facts
In the case, Judge Goff says: 'The COM
plainant, the Washington Light Infantry,
is subject to the laws and regulations OF
the state Of South Carolina relative 70
the organization and control OF the mili-
tia of that state, not Ia conflict with the
laws of the United States, and its menu
bers may be disciplined for infractions OF
the same, and punished for disobedlonce
OF the lawful ORDERS but the arms and
equipment so In It's possession and use cam
not be taken from II, except with the as
sent OF congress, at least on the case now
presented to this court. IL Is suggested
that said military association may be dis
banded by the legislature of the general
assembly of South Carolina and that in
such event It would not be proper for the
property mentioned to remain In the pos
session OF those who had constituted its
membership. In that emergency the ques-
tion likely to be presented would be quite
different from the one I now consider
The United States would then take back
its property, or permit the state to re-
tain It for general use under existing laws
or pursue such other course as the con-
gress might deem proper. With that ques-
ton the legislative branch Of the govern-
ment will deal, should the contingency
arise.
Il deem IL proper TO say that the ale
cations made by the defendants in their
answer to the rule TO show caus=., 70 the
effect that the complainant. the WASH
ington Light Infantry of Charleston, had
violated the law. neglected its duty and
refused to obey the orders of the governor
and commander-in- chief are without tes~
timOny to support IHeHls ana are III erect
abandoned by counsel for the defendants
In the argument made when this case was
submitted, Il being then conceded that a
court Of inquiry already appointed had
fully considered the matters on which said
allegations were based. and had reported
in substance that no officers or members
of said Washington Light Infantry had
been guilty Of any conduct unbecoming
an officer or soldier
Holding as ! have indicated, relative
10 the Joint resolution OF March .. 1873
finding as l do the use and trust created
by II and the action had thereunder. and
recognizing as l must the interest OF the
complainants in the property described in
It. it follows that the orders and dlree-
tions Of the defendants referred to In the
bill, are null and void that the arms and
accoutrements mentioned are the prop
erty Of the United States, in the possess
sion Of the state Of South Carolina for a
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
the trust or to divert said property to any
other use or purpose than the one men-
toned and intended by congress. The
restraining order heretofore granted viii
be continued"
CRUSHED By A PUsHER.