The herald and news. [volume] (Newberry S.C.) 1903-1937, 1906-12-18

elected by a vote OF the people in
1873, and reelected in 1880 having
in each case received the Democratic
nomination. During his service as at
torney general matters Of greatest
Importance to the people came be-
fore the courts for adjudication. The
bonded debt of the State, under the
manipulations Of the Radical ring,
was in confusion, and among the
white people there was such differ
ences as to what should be the policy
OF the Democratic administration that
there were fears Of serious division
among those people. The legislature
committed the question involved to. a
special count consisting of Judges A.
+. Aldrich, Thomas Thomson and j.
H. Hudson. In the conduct Of the
litigation Attorney General Youmans,
assisted by eminent counsel, Henry A.
Meetze and Y. J. Pope, the present
chief justic, appeared for the State,
both in the "bond court' as above
mentioned and in the supreme court.
The decision Of that tribunal Of last
resort, accepted by all parties, sus-
tanned such important positions for
which the attorney general contended,
as to save one million and half dol
lars to the State. The floating debt of
the State was likewise in a condition
OF uncertainty, much of it believed to
be fraudulent and it was found neces-
sary to appoint commissioner (the
late j. G. Colt Of Chesterfield) to ex-
anime, classify and audit the numer-
GUS and multifarious claims. The duty
OF advising the commissioner in the
novel and sometimes perplexing ques>
tions thus arising was part of those
falling upon Attorney General YOU
mans. In cases seeking to reverse in
the supreme court, Commissioner
Colts decisions, judgments were OBJ
tanned making the settlement of the
floating debt of the State impossible.
In the matter Of the bills of the
Bank Of the State Of South Carolina,
very grave problem presented itself
to the tax departments Of the State
government These bills--such of them
at least as were genuine and lawfully
in circulation-were receivable for
State taxes. The amount outstanding.
was approximately $1,300,O00, and
there were fears that the State tax
or large part Of it would be paid
III them-thus leaving the State gov
ernment without money enough to
meet its current obligations. The leg
islature passed an act requiring all
taxes to be paid in CERTAIN specified
funds, but allowing billholders to
tender the bills, pay under protest,
and establish in court their genuine
ness and lawfulness. Certain billhold-
ers attacked this law, on the ground
that it was in violation Of the State
and the federal constitutions. The
Stats supreme court sustained the act.
On appeal to the United States su-
preme court there were two hearings
in both of them the billholders were
represented by Roscoe Conkling and
Daniel H. Chamberlain. The justices
being equally divided in opinion the
decision Of the State supreme court
stood affirmed and thus the State
government was saved from the very
gravest embarrassment. In all this
litigation the State was represented
by Attorney General Youmans.
In the prosecution Of those who, at
different times in the period Of neg
TO rule, had laid schemes to defraud
the State, Mr.. Youmans, both before
and after he became attorney gener-
al, was called to bear an active part.
The chairman Of the Legislature joint
committee having sworn out warrants,
the State, at the preliminary exam
nations, was represented by the cir
cult solicitor, assisted by Mr.. You
mans. Two Of the ctses-those against
ex-Treasurer F. i. Cardozo and ex-
Senator Robert Smalls-went to the
supreme court and in the hearings
before that tribunal, the State was
represented by Attorney General
Youmans, with associate counsel.
Among those whom the State desir-
ed to bring to justice was one Hiram
H. Kimpton, who, as Financial
agent" had been closely associated
with the Radical ring in their several
schemes of robbery. Kimpton was
duly indicted by the grand jury Of