The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-03

become vested at the time OF it's PASSAGE. Il
was further argued for the plaintiffs that the
act itself which is entitled "An act to quiet
rights vested under military orders, could mol
be hold to the extent OF enforcement OF Order
No. 139 because that purpose was not express
ed in the title of the act, and even if it were sc
exoressed the act would then become obnoxious
to that clause of the constitution which re.
ouires that all acts shall relate to but one sub.
iect, which was to bo expressed in the titlo oi
the act.
For the State. the Solicitor contended that
| the clause OF tho constitution requiring all
taxes upon property to be Ibid upon its actua
value at the time of assessment, could not be
held to apply to taxes upon sales, because sales
were NOT property. that this tax, therefore, be-
came substantially tax upon incomes, upon
| the receipts of business, and not upon property
1t was also urged in reply t. tao second argu-
ment OF counsel for plaintiffs, that the entire
matter embraced in the act referred to constl-
| tutcd but one subject, which was expressed in
| it's title. and that if the object OF the aot had
only been to quiet rights already vested, there
could be no motive for re-enactinS Order No.
lao. In truth, the object of tho act clearly was
to make Order No. 139 the tax law OF the State
until such times as new tax law should be
passed and new tax actually lcyiod; hence this
tax upon Gales was still in force and would con-
! tinuo so until the new tax law went into opera
tion.
Judge Boozer decided that the prohibition
should be granted mainly upon tue second
ground taken by counsel for plaintiffs, namely,
that the act referred to only extended TO quiet
rights which had bcon Or become vested at the
date of it's passage under military orders, de-
crees or judgments.
Notice of on appeal from this decision was
immediately given by the solicitor, and q writ
of error to the Supreme Court is now in prepa-
ration. If this writ "a filed within FIVE days,
spccif,ing The object, it will operate as su-
rcedeas, and tho treasurer will proceed with
the collection of the tax upon sales OF cotton
and other merchandise ns heretofore.
In THE SENATE, Wright. from the Committee
on the judiciary, to whom was referred bill
TO regulate and define the law Of divorce, re-
ported back the same With amendments and p
Recommendation That the bill as amended do
pass. Ordered for consideration tomorrow
Tic rep, It tho Committee OF Conference
on tho bill for the codihcatou of the laws, by
which il is agred 10 elect three codilicrs ut q
salary OF $500 each, was adopted. and mos
sage sent TO tho House accordingly.
The House returned to the Senate an act to
change ths location OF the County seat OF Barn
well County from Barnwell Courthouse to
Biackvil.e. Ordered to be snrolcd.
Wright from the Committee Oh tho Ju-
dietary, to whom was referred q bill providing
for the election and defining tho powers a;:d
duties OF i,lsticos OF the peace, and for regulat-
lug the prac Ice in Justices courts, reported
back The same with rccomrr niltlon that
the bill do PASS. Ordered Tor consideration to-
morrow.
Jli,ron introduced the following concurrent
resolutions:
Whueas, At the special session Of tho Leg
islaturc large pumber OF claims against tho
State. amounting 10 thousands OF dollars, were
presented to the respective Committees on
Claims OF both Houses 10 be audited and paid;
aud whereas said claims each dly have i'll
creased in value and amount. and many were
of doubtful c jaracter, aud others ought not to
be paid; aud whereas. the financial condition OF
the State ut that time was such thai 1t was alb
solutely impossible to pay tho same, and pny
eyen more pressing demands OF our present
State govcrnm mt; and whereas, at that time
there lad been no Assessments aud cole 'tlLn OF
taxes and no one knew whot!icr It would be
possible tor The State to pay the interest on
the public debt which rhc good faith anu credit
OF tho State demanded in!m dlatc coasldera-
tion aud adjustment; and whereas, in conse-
uueuco thereof the Legislature postponed the
further consideration OF all claims accrung
unler the PROVISIONAL govcrnmcnt TO the next
regular session; and whereas, the Ganeral AS
sembly finds itself at this. the regular session,
in ABOUT the samo fnanci Il con1ltlon as at the
SPECIAL session, there having bccn no ASSESS
mont or collection OF taxes, and there being as
vet no funds to pay the interest on the public
debt: and whereas. the1o has betu no general
systcm adopted BY both Houses for tho audit
ing OF said claims, the Senate adopting one
rule and the House another in regard thereto;
and whereas. it Is believed that many OF these
CLAIMS arc unjust and ought not to be paid,
aud that durlng the session OF the General AS
sombly sufficient time cannot he spared for q
committee TO tako testimony, examine vouch-
ers. books. records, &C., relating thereto;
therefore, be 1t
Rcsolped, by the Senate, the House If Repre-
sentatives concurring, That in order that all
claims Amy be fully and properly investigated,
a Joint committee Of one from the Ssuato and
two from the House Of R. representatives. be ap-
pointed, BY the respective presiding officers OF
each House, to investigate safd claims aud re-
port thereon, and for that purpose are hereby
authorized and empowered tv hold session,
mmsncing one month prior to the meeting
OF the next General Assembly, and for that
purpose may examine Witnesses as to the cor
roo;uess OF said claims, and all vouchers. books
and records relutlug thereto; said committee
shall have power to employ clerk to take
testimony, and make their report aud recon-
mendation to the next regular session OF tue
General Assembly; shall receive while in sos
sion the samu per diem and mileage as allowed
members OF the Geuerul Assembly; Provided,
however, That either House may immaculate
act upon account claims siiou:d they deem the
same important to tho welfare aud best inter-
est of the State.
Ordered for consideration tomorrow, and to
be plInted.
Donaldson asked and obtained the unapi-
nous oonseut OF tho Senate to introduce, with
out previous notice, the following joint reso-
luton:
Resosued, That in order to carry out the con-
tract made by the Chcraw aul Coalh Ids Rail-
road Company Tor tile location, grading and
furnishing of their road, the sum Of twnnty-
five Thousand djllars bo allowed 10 be Grawn
from the appropriation of tho State TO SAID
company.
Tic resolution received its first reading.
Rainey introduced tho following concurrent
resolution, which was adopted:
Resolu d by the House OF Representatives,
the Senate concurring. That thc State Treas
urer bo, aud he is hereby instructed to pay al
accounts Of Commissioners and Managers of
Ecleclion as authorized by tue act passed ut
this 81 ,ion in United States currency.
In THE HoUE. WhipDer from the Commit
tee OH lhe Judiciary, ported favoraoiy on
bill to prohibit lotteries ind the sale OF lottery
tickets in this State. Laid over for second
readiuS. ,
Also iayorably on bill to repeal the tenth
Sc ctiou OF am ACT entitled IAN act TO appoint o
board of comm issionels for the City OF Charlie
toa. and .ur other purposes therein men
Toned" LAID over for second reading.
A!sJ, reported unf;lyorably un bill to rcgn-
lato divorces. Ordered to lie over for u second
reading.
DTfle. from tho Committee on Engrosscd
Acts, 1cp1rted as dull aid correctly tn@rosstd
for third reading, bill To en- bic tao Sava'I-
nah aad Charleston Railroad Company 10 co IL