The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1897-06-02
irony ne coAcluoes his opinion IL these

irony At COhcIuQeS his opinion 10 these
words: 1T said that the judgment in
this case may conclude the State "
Not so. It is judgment 10 the effect
only that, as between the plaintiff and
defendants, the former is entitled to
posss ssion Of the property 10 question,
the latter having shown no valid au-
thority to withhold the possession
from the plaintiff; that the assertion
by the defendants Of a right to remain
ia possession is without legal founda-
tion. The Safe not being party to
the suit, the judgment will not con-
clude it. Not having Submitted its
rights to the determination Of the court
in this case, it will be open to the
State to bring any action that may be
appropriate to establish and protect
whatever claim it mas to the premises
in dispute. Its claim, if it means 10
assert one, will thus be brought to
the test of the law as administered by
tribunals ordained to determine con-
troverted rights Of property; and the
record in this case will not De evidence
against 1t for any purpose touching
tae merits OF the claim.
If this were only suit for the pos
session of the Agricultural Hall, there
would be no controversy, for the State
would never nave held the property
aud refused to deliver it bur for the
conspiracy and fraud which was di.
Vulged by the tender Of the bond
script. If the State takes that course,
lhen it voluntarily enters the Federal
courts ultimately and asks for the
validity of the oonds to be passed
upon. The situation leaves the State
bat one course; force them to dispos.
sess its officers who are not parties to
the suit, to put Wesley IL possession or
hold the property, and thus protect
litigation until Wesley and his specu-
l4ting attorney q suppose LSles is
working on contingent fee) snail be
tired out. # the State IS dispossessed
BY force, then the sophistry and faAsi-
ty as to It's being no suit against the
STATE is proven; and we will occupy
better position after this Judicial tyr
amy is practiced upon us than to be
dragged into the court in this under
handed and unconstitutional way.
UnlesSs the court was 10 60 to the
extreme of dispossesslng the present
State officers, who are IN no way con-
nected with Mr.. Tind4l and DO not
hold from or under hin, the only
thing that need give Us any ,ncern is
le settlement of Mr. Tindal's bond.
rnis, OF course, the State IS IN honor
bound to pay. But if it can hold
possession CT the property. and thus
get around the odium and danger of
having the highest court IN the Unit
ed States pass upon the repudiaIed rad
ical bonds held by MIR. Wesley, the
taxpayers Of the State may We'll con-
graduate themselves. There IS an o d
legal maxim that possession Is nine
points OF the law, and in this case it Is
ten points, because as long as we're
tain possession We retain everything,
while the surrender Of the property
carries with it the loss OF everything
or 2 serious risk OF losing 1t, for
firmly believe that these Judges, who
have been so uniform in sustaining
Judge Simonton's inter: erence with
the State government, will Is ke pleas
ure in putting one more stigma upon
South Carolina and give one more
blow to her sovereignty. Tnen If this
script is validated cur State debt will
oo increased 10 that amount, as the
script would he good ii payment-of
taxes If it is good IN buying the Agri-
cultural Hall.
In view OF these facts (and anybody
is at liberty to pick flaws IN the argu-
ment il they CAM, leave to Inc peo-
pie OF the Stale TO judge between my
enemies and me. Inc / told J ou So
crowd, VINO nave known all along
that the State would lose a0d tue
taxpa 7ers suffer for GlIlman's dslre 10
advertise himself" may explain if
they can how else the q Arstion OF the
validity OF the Blue RIoge bond script
by the United States supreme Cours
could have been prevented.
B. r. Tillmao.