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

become vested at the time OF it's passage. II
was further argued for the plaintiffs that the
act itself which is entitled " An act to quiet
rights vested under military orders" could moi
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 &c
expressed the act would then become obnoxious
to that clause of the constitution which re.
quires that all acts shall relate to but one sub
ject, which was to be expressed in the title oi
the act.
For the State the Solicitor contended that
the clause Of the constitution requiring all
taxes upon property to be laid upon it's actual
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 to the second argu-
ment OF counsel for plaintiffs, that the entire
tuted but one subject which was expressed in
it's title, and that if the object Of the act hat;
only been to quiet rights already vested, there
could be no motive for re-enacting Order No.
| 139. In truth, the object of thetact clearly was
tc make Ordor No. iS1 the tax law CT the State
until such times as q new tax laa ~should be
| passed and new tax actually levied; hence this
tax upon sales was still in force and would coz
| tinue so until the new tax law went into opera
=! tion.
| Judge Boozer decided that the prohibition
should be granted mainly upon the second
ground taken by counsel for plaintiffs, namely.
that the act referred to only extended to quiet
rights which had been or become vested at the
date OF its passage under miEtaGy orders, de-
crees or judgments.
Notice Of an appeal from this decision was
Immediately given by tho solicitor, and writ
| of error to the Supreme Court is noWin prepa-
| ration. IT this writ is filed within 1--WE days,
| specifying the object, it will operate as q su-
| percedeas, and the treasurer will proceed with
| the collection OF the tax upon sales Of cotton
and other merchandise as 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 a
recommendation that the bill as amended do
pass. Ordered for consideration tomorrow.
The report Of the Committee OF Conference
on the bill for the coditication of the laws, by
which it is agreed to elect three codifiers at a
salary Of $500 each, was adopted, and q mes
sage sent to the House accordingly.
The House returned to the Senate an act to
change the location of the County seat of Barn
we'll County from Barnwell Courthouse to
Blackville. Ordered to be enrolled.
Wright, from the Committee on the Ju-
dietary, to whom was referred bill providing
for the election and defining the DO wers and
duties Of Justices of the peace, and for regulat-
ing the practice in Justices courts, reported
back the same with recommendation that
the bill do pass. Ordered for consideration to-
morrow.
Jlson introduced the following concurrent
resolutions: A,q
Whereas, At the special session Of the Leg
lslature large number of clainE against the
o.a.e, aIiloulolng 10 Inousanas oI eo'lars, were
Claims of both Houses to be audited and paid;
ana whereas, sald cl-ilms each dss aave in-
creased in value and amount, and many were
OF oeu3ttui enaracter, ana otheIs ought not TO
be paid; and whereas, the financial Sondstion Of
the State at that time was such thai it was alb
soiutely imposslDle 10 pay tne sap1e, ana pay
even even more pressing demands OF 91r present
STATE government; ana whereas, az that tune
there had neen no assessment ana Soilsctlo OF
taAes ana NO one knew WhstnerAg Wonld DC
posslDie ZOE INC oIate 70 pay shssslnse1est on
the pupiic deDt wmch Ihe good fsiSA and credit
81 IAe Sta.e aeahueo
lion and adlustmen9; ana mAsreesf u conse-
fnrlher coms1erat,on H 81 ail ;ne
'nIas y, y. ~ agcIung
@ ~ Y, ~ eFo raAS
seh9 Iaaa ;tsaif d" t no AS
in aDc,t the sa,oa 3nane;. ;.I cond,!n ssssun
n;o auou. sn1 saG ~ aI tne
npectaa ~ sessloh, sheIe tnasing 9esn no assess
at ~ ~ f,,.as ~ ,,a - DelMg ~
yeI no !unas 10 pay sne intsIess onthe pubic
oted hv oth Uns. 81 II a. .a,a
;y1 "P sa;S "Io;ny tha raIat at;n ~? n,,
,i. ,nf y, sa.n -. o1as, ING oo!aSo auoPMng one
RUE uI @ aha sns IoGsg anosaSr ~ regard saereto;
a;,o "Ao. @ o0 ss,iat H. - ,sS s@. Iny =. susSS
and That during the SESSION Of the General a. AZ.
,,yttan ~ ua ,oL
ers- books y records aa Mc ,aiatinn ahsratn
the,roFoua - .ooas' tsSo's ioiaeAns tSsAsAS'0'
xoeoSno<3 ~ H.
" S ~ u =; q 81 IeprH G
satras =. y. tv,II IN ,mnS - o,uur snaa III
io;nt annsm;ttea of nuo frpT, tha Gensts s,,i
two fron, TIC I"noa NJ t;1as =. au
n"intad hu tha rssnact;vs nrSsd;n~ "3se ~
esni, Hn,: S Wy ;n1st ~ M %
mort thoraon and for nmrnoae ars h.rahr l
anthor;rsJ IA Snu ons. ~. pSsS 1so n.leDy
conam anc;.a % one rnonth Tr"r ~ ths ras.;n,
~ tha na1t GansroI Issam,biv W oaS -. tnt
anrnoss nsv syamna 1tnesSas az 't - ~ cn'.
rsetnass Of sasd eIs;n,s and ali vorcbsrS IoaIs
ana rncords ras tn fhsra+n. So;I cn,,,,;ttas
shsI, sowa nn,vnr aI,o saau .ais
testinonnv and male tha;r ya,'ort ana ,aon.o mo
mendaticn to the newt s1 rsenar session @ os ths
1lemaraI Asssr,hv aHs, rsoaa.a ssh;Ia -. a.
s;o III n,,a sma Ia Ia o ~ sess
o,hrs Snr az ~ per %
sowayer That either Hnnse 0" nav n n,e1iateI,,
sSu upon account cialms ian. snoulo Sney aeem tne
eSt 20 the Stata ~ olle "ei"to @liu "eso in'et-
oSS Suaenaa - SmJ Soa.s. So -. . j a.; - .s.
- uraeted tea tos cons'deratlon tomorrow ana TO
w nnnaiSsc os,,a5 an;1 AZ.