The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1897-05-26

ioto cour, on suit. which will almost
inevitably determine their validity.
He would thus accomplish by indirec-
lion what cannot be done directly. for
Wesley has already bad one suit on
these bonds thrown OUT 90 the ground
that it was suit against the State.
With bitter irony he concludes his
opinion in these words: cit is said
that the judgment in this case may
conclude the State Not so It is a
judgment to the effect only that, as be-
tween the plaintiff and defendants, the
former is entitled to possession of the
property in question, the latter having
shown DO valii authority to withhold
the possession from the plaintiff that
the assertion by the defendants Of q
right to remain 10 possession is with
out legal foundation The State not
being party to the suit. the judg-
,aeot will cot conclude it. Not hav-
ing submitted its rights to the determi-
nation of the court 10 this case, it will
be open to the State to briog any action
that may be appropriate to establish
aud protect whatever claim it has to
the premises in dispute. It's claim. if
it means to assert one, will thus be
brought to the test of the law as ad
ministered BY tribunals ordained to de
termine coLtroverted rights of proper
ty: and the record 10 this case will not
be evidence against it for any purpose
touching the merits Of the claim
IF this we're only suit for the pos
session of the Agricultural Hall, there
would be DO controversy, for the State
would ueyer have held the property and
refused to deliver 1t but for the conspi-
racy and fraud which was divulged BY
the tender of the bond script If the
State takes that course, then it volun-
tarily enters the Federal courts ulfi-
mately aud asks for the validity OF The
bonds to be passed upon The situa-
tion leaves the State but one course;
force then to dispossess its officers
wdo are not parties TO the suit. to put
Wesley in possession or hold the prop
erty, and thus protect litigation ublii
Wesley ana his speculaiing attorney
Ct suppose Lyles is working on a con
tiDgent fee) shall be tired out. If the
State is disposssssed by force. then the
sophistry aod faisi;y as to its being 10
suit against the State is proven. aud
we will occupy better position after
this judicial tyrauny is pracsiced upon
US than TO be dragged into the court io
this underhanded and unconstitutional
way.
Unless the court was to 60 to the ex-
treme Of dispossessiug the present State
officers. who are in no way connected
with Mr.. Tindal and do not hold from
or under him. the only thing that need
give US any concern is the settlement
of Mr.. Tindal's bond. This, of course,
the State is 10 honor bound to pay.
But if it can hold possession of the
property and thus get around the
odium aud danger Of having the bigb-
est court 10 the United States pass upon
the repudia.ed radical bonds held by
Dir. Wesley, the taxpayers of the State
may we'll congratulate themselves.
There is an old legal maxim that pos
session is nine points of the Law. and
10 his case it is ten points, because as
Ioag as we retain possession We retain
everything. while the surrender Of the
property carries with it the loss Of
everything or serious risk of losing
it, for l firmly believe that these
Judges, who base been so uniform in
sustaining Judge Simou.on's interfer-.
eoce with the State government, will
take pleasure in putting one more
stigma upon South Carolina and give
one more blow. to her sovereignty.
Then if this script is validated our
State debt will be increased to that
amount, as the script would be good in
payment of taxes il it is good in buy
ing the Agricultural Hall.
10 view Of these facts (aud anybody
is at liberty to pick flaws in the srgu-
meut if they caD), leave to the peo
pie of the State to judge between ms
enemies and me. The II told you so
crowd. who have known al! along that
the State would lose and the taxpayers
suffer for Tillman's desire to advertise
himself may explain if they can how
else the question of the validity Of the
Blue Ridge bond script by the United
States Supreme Court could have been
prevented b Il iILLMAN
Wounded in Leg by Dispenser
J. B. Hyec.