The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-09-04

The decree of the court was as follows:
IN THE COURT OF ERRORS, DECEMBER TERM, 1867.
The Graniteville Manufacturing Company vs. Benjs-
min Roper Tax Collector. Opiuion-Glover, j.
As au stion of constitutional law arises in
this case, it has been referred for determ1na-
ton to this court.
In answer to rule served upon the re-
spondent as tax collector Of Edgefeld Dis
trict. to show cause wny writ OF mandamus
should not issue, compelling him to receive
the bills OF the President and Directors OF the
Bank of the State Of South Carolina, in pay
ment of the taxes due to the State by the rela-
tor, he made return, justifying bis refusal
on the ground, that the 5th section Of an act
passed December, 1866, ito raise supplies for
the year commencing in October, 1866" directs
that the taxes herein levied shall be paid only
in gold and silver coin, United States Treasu-
nv notes or notes Of national banks, or the bills
receivable OF this State, and also pay certificates
OF Jurors and constables for attendance IN the
courts. Hearing this return, the Circuit
Judge, who. granted the rule, ordered the same
to be discharged. From this order the rela-
tors appeals on the following grounds
1. That under the 10th section Of the act Of
the Legislature incorporating the President
and Directors OF the Bank OF the State Of
South. Carolina, tn, bills of said bank are re-
celvable by all tax collectors, on all payments
for taxes due the State.
Q. That the act of the Legislature Of the
State, ratified December 81, 1866 impairs the
obligation OF the contract made between the
State and the .billholders, in violation Of the
Constitution Of the State and OF the United
States.
II the decision Of the points raised by the
grounds Of appeal depended on the construc-
tiop of the 5th section Of the act OF 1866 only,
or on the several acts to raise supplies, the an
swer Of the respondent would be conclusive.
The public expenses Of each year are charge
against the annual income, and as the act OF
1866 and all acts to raise supplies are annual,
and their operation expires with the year, the
taxpayer and collector are equally bound by
their provisions. But the relator relies on the
tablish bank on behalf, and for the benefit
of The State" This bank was established, as
is recited in the preamble, ION the funds OF
the State" and by the terms OF the act the
faith of the State is pledged for its support.
The 10th section provides, ''that the bills or
notes OF said corporation, originally made
PAYABLE, or which shall have become payable
on demand, in gold or silver coin, shall
be receivable at the Treasury Of this State,
either at Charleston or Columbia, and
by all tax collectors and other public off,
GERS. in all payment Of taxes or other moneys
due the State" The intention OF the Lesisla-
ture was to increase and secure public conf
dence, and to give credit to the bills OF the
bank, and thereby extend their circulation. The
bills were received and currency was given to
them under this guarantee OF the State, that in
payment of taxes, &C., they should be received
at the treasury. The relator applies for man.
danus on the ground thai by a refusal to re-
ceive the bills the State has impaired the obi
gations which bound her to perform her con-
tract. Conceding that the 10Th section OF the
act of 1912 creates vad contract between the
State and the billhollers, we must examine
the terms employed aud the conditions stipu-
lated to ascertain the nature OF the contract
and the obligations imposed by it. The under
taking Of the State was not, in the language Of
the first ground Of appeal, to receive the bills
OF the bank in all payments for taxes, &C., but
such as are originally made payable, or which
shall have become payable on demand in gold
or silver coin," &c. These words were first
used in 1902 in an act to charter the State
Bank, and afterwards in 1910 and 1911 the
same language is employed in the charters Of
the Union and Mechanics Bank, aid in sever
al other bank charters subsequently granted,
and in acts to ralse supplies, Annually passed.
The construction OF the words Originally made
payable, or which shall have become payable
on demand" is aided by the additional words,
sin gold or silver coin." If the purpose of the
Legislature was merely to indicate the form of
the bills, without regard to their availability in
the pay ment OF the public creditors, there was
no necessity to add that they should be payable