The county record. [volume] (Kingstree, S.C.) 1885-1975, 1902-04-24
CHEMICAL COMPANY IN COURT.
Judge Buchanan Decides That Case
Cannot Be Removed.
From the Columbia State, 18th.


Judge Buchanan has declined to
grant the petition for the removal Of
the case brought by the State against
the Virginia Carolina Chemical COM
pany for violation of the State anti
trust act from the State to the United
States court, and other moves Of in
terest in the now famous proceeding
are expected in short order. 1t was
quite an array Of distinguished legal
talent that faced Judge Buchanan
Wednesday afternoon at 3 o'clock
when argument on the petition was to
begin. 1t looked for long tine as if
the counsel representing the Virginia
Carolina Chemical company intended
to rely solely upon what was concretely
set forth in the petition-that the pro-
ceeding involved a federal constitu-
tional question, but after the three
strong arguments on behalf of the
State, Mr. H. A. NJ. Smith briefly ad-
dressed the court for about Is minutes.
When the court was ready to pro-
ceed with the hearing Mr.. Henry a.
NJ Smith, representing the Virginia
Carolina Chemical company, read the
petition on which he asked for a re-
moyal OF the cause to the United States
court and then presented bond of the
American Bonding company Of Balti-
more, which he said had complied with
the laws OF the State and was duly
authorized 20 issue and grant such
bonds.
Under the petition and bond he asked
for an order of removal under the
statue law of the State. The petit
ton and bond fully complied with the
statue law and he therefore asked
that the cause be removed.
Attorney General Bellinger' stated
that the case was not removable in
the opinion Of the opposition. He
would undertake to show that the case
was not removable and he did not take
it that the mere statement that the
case was removable made it so. He
therefore wanted to know the order OF
speaking.
Judge Buchanan held that the actor
(the Virginia Carolina Chemical COM
pany) should, have the opening and
reply.
Mr.. Smith sai5 he had nothing four
ther to say than was contained in the
petition and bond; they spoke for
themselves. It rested upon the other
side to show wherein his petition or
his bond was defective.
Mr.. j. n Nathans, who is associated
with the attorney general in the case.
thought it peculiar that the actors
should have nothing to say when the
State had concurrent jurisdiction with
the United States courts. 1t was
plainly a case for judicial determina-
tion and not one in which the judge
sat as a figure head. The distinguish"
ed counsel had recently in the case OF
the Empire Mining company argued
this very point.
Mr.. Smith said he had nothing fur
ther to say at the time than was con.
tanned in the petition, which set forth
his position and authorities, and the
State should open.
Attorney General Bellinger then be.
gan his argument. 1t was particu-
larly able one, but purely legal and
showed thorough familiarity with the
laws relating not only to removals but
to trusts. 1t was lengthy and COM
plete, hundreds of authorities being
cited.
He dealt for some time with the
law as to the construction OF Federal
judiciary acts, and to the statement OF
the principles governing the case, quot
ing first the constitution of the United
States, then dealing exhaustively in
turn with the situation prior to 1875,
the judiciary act of 1875, and the 1u-
dietary act of 1SS7-1SSS.
Mr.. Bellinger then summarized the
result Of the examination Of the judi
ciary acts rs follows:
From the foregoing examination OF
cases decided under the acts Of 1875
and of 1887 1885, the following conclu-
sion necessarily results: In citing cases
to the point that no federal question
in the case at bar appears in such a
way as to give the circuit court juris-
diction, it Is immaterial whether the
cases thus cited were originally
brought in the circuit court under the
act of 1875. or originally brought in the
circuit court under the act of 1SS7-1SSS
or removed into the circuit court under
the act of 1SS7-1SSS; while. on the 9th.
er hand. no cases Of removals under