The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1897-05-25

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of the contingent fund and the mat
| tor is of sufficient Importance, think,
to warrant the outlay.
The friends Of tho disponsary can
not allow it to bo undermined
and smothorod to filth by guttor-
snipes, who are running the editorial
pages Of our daily papers, and if
any corruption can bo shown, other
than what has already beon shown to
exist, punishment swift and suro
should follow. ] stand to explain
and justify every act of mino in con-
nection with tho Jaw, and | doubt
not that Governor Evans can do
likowise. Lot tho matter be sot at
rest, and tho smoldering embers Of
envy and hate be put out once for
all.
Now, i'll regard to tho agricultural
hall matter I presume to olfor ad
vice because | am solely responsible
for tho States attitude in tho case
and felt at tho time | took action,
and feol still, that it was the only
proper course to pursue. / have scen
the full text Of the decision of the
supreme court and speak in full
knowledge Of its import. The situa-
ton is this: Mr.. Tindal cannot do
liver tho property if he wanted to.
l. cannot bcliovo that Simonton or
any other judicial tyrant will under
take to take the building by forcc
from tho present State officers if
they do, then the act of dispossess-
ing the State will in the minds Of
fair minded persons show tho Calsity
of the decree that it is not suit
against tho State. The whole fight
hinges on the possession Of the
building>and SO long as the State can
hold that, it must retain tho advan.
tage. Onco Wesley and his attor
ncy got possession, with or without
the consent Of tho State, the situa-
, ton will become very grave. If the
State surrcnders the property, then
it must either sue on tho mortgage
for tho payment and thereby validate
by its own act the Blue Ridge bond
script If it sues, then the question
Of the validity of the tender of that
script must bo determined by the
United States supreme court and tho
legality Of tho Blue Ridge bonds
bo settled by that tribunal.
Judgo Harlan goes into this phase
of tho question worry fully. Although
Lyles in his testimony before the
court and in his statement now in
the newspapers, clearly scts forth
the conspiracy by which the Blue
Ridge bond script is to be brought
before tho court for judicial dctcr-
mination, tho Judge declares that
Wesley has a right to do this. Then
with lot of legal jargon which only
confuses the question because it is in
no sense an analogous case to that of
General Lees suit for Arlington, he
declares that It is not suit against
the State, although tho whole qucs-
ton at issue is one affecting tho lo
gality of tho repudiatod bonds and
not tho title to tho agricultural hail
at all. His purpose is to have the
State herself declare the bonds valid
by not suing on the mortgage or force
her into court on suit which will
almost inevitably determine their
validity. Io would thus accomplish
by indircction what cannot be done
directly, for Wesley has already had
one suit on these bonds thrown out
on the ground that it was suit
against tho State. With bittor irony
he concludes his opinion in these
words: "1t is said that the Judgment
in this case may conclude tho State.
Not SO. 1T is a Judgment to tho effect