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


mails to determine oontrovertod rights
Of property; and tho record in this
case will not be cvidcnco against it
for any purpose touching tho merits
Of tho claim"
If this were only suit for tho
possession Of tho Agricultural hall
there would bo no controversy, for
tho State would never have hold the
property and refused to dolivor it
but for tho conspiracy and fraud
which was divulgod by The tender of
tho bond script. If the State takes
that course then it voluntarily entors
tho Federal courts ultimately and
asks for the validity Of tho bonds
to be passed upon. Tho situation
leaves tho State but ono course:
forco them to dispossess it's officers
who arc not parties to tho suit, to
put Wesley in possession or hold
tho property, and thus protract liti-
cation until Wesley and his specu-
lating attorney q suppose Lylos IS
working on contingent foe) shall
be tired out. If tho State is dispos-
scsscl by force, then tho sop,istry
and falsity as to its being no suit
against the State is proven and wo
will occupy better position after
this judicial tyranny is pruc,
ticod upon us than to be dragged
into tho court in this undcrhandod
and unconstitutional way. Unless
tho court was to so to the extreme
of disposscssing tho present State
officers, who arc in no way connected
with Mr.. Tindal and do not hold
from or under him, tho only ono
thing that need givo us any concern
IS the settlement Of Mr.. TindaPs
bond. This, Of course, tho State is
i'll honor bound to pay. BEt if it
can hold possession of the property
and thus got around tho odium and
danger Of having tho highest court
in the United States pass upon the
rcpudiatcd radical bonds hold by Mr..
! Wesley, the taxpayers Of the State
may we'll congratulate themselves.
There is an old legal maxim that
, ''posscssion is nine points Of the law"
and in this case it is ten points, be-
cause as long as VIC retain possession,
I we retain everything, whilo tho sur
render of the property carries with
! it the loss Of everything or a serious
risk Of losing it, for ! firmly believe
that theec Judges who have been SO
uniform in sustaining Judge Simon
toms interference with the State gov
ernmcnt will take pleasure in put
ting ono more stigma upon South
Carolina and give one more blow to
her sovereignty. Then, if this script
is validated our State debt will bo
increased to that amount, as tho
script would be good in payment If
taxes if it is good in buying the Ag-
ricultural hall.
In vicw Of these facts (and any
body is At liberty to pick flaws in the
argument if they cun) leave to the
people Of the State to Judge between
NY enemies and mo- Tho "I told
! you So crowd, who have "known all
! along that the State would lose and
the taxpayers suffer for Tilman's de-
! sire to advertise himself" may OK
plain if they can how else tho quos-
tion of the validity Of the Blue Ridge
bond script by the United States
supreme court could have been pre-
vented. b. II. TILLMAN.
Senator TilIman is as yet undc-
cidcd whether he will 90 directly
back to Washington with tho party
or whether he will como to Columbia.
!!o IS keeping his own counsel in re-
gard to the senatorial situation.
All that he says is that tho sooner
the appointment is made tho better.
He declined to express any opinion
as to whether a Urinary should be
held or not. E. j. WATSON