The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-03-30

SECRETARY CARDozo vs.. THE CoDE.-
The State er rel. "A. P. Aldrich, Isaac M.
Hutsou, James T. Aldrich and others,
rs. +. l.. Cardozo, Secretary of State.
Rule on suggestions in mandamus. Be-
fore Judge Melton, Columbia, March
29tb, 1870.
Mr.. J. D. Pope read the suggestions
of the relators, who stated that on or
about the first of March, a certain Act
to revise, simplify and abridge the rules
Of practice. pleadings and forms of the
Courts OF this State, was passed by the
General Assembly and was duly ratified
and signed by the Speaker of the House
and President of the Senate, and np-
proved by Robert X. Scott, Governor of
South Carolina; and that said Act was
duly deposited with F. l.. Cardozo, Sec
retnry of State, to be deposited among
the State archives. That one of the sec.
tons of the said Act, as deposited with
him, provided that the Court of Gen
eral Sessions, at Barn we'll. for the County
of Barnwell, on the second Monday Of
April, August, and December, aud the
Court Of Common Pleas ON the first
Thursday after the second Monday of
April, August, and December" That ex-
tracts of said Act, as ratified, were fur
nished to His Honor Judge Platt, Judge
OF said Circuit, and was examined by
several persons who wero interested in
the Courts That some time after, Hon.
A. P. Aidrich called at the Secretary of
States office, and. upon examination of
the Act, found that the Section relating
! to the sittings of the Courts for Barn
we'll County had been changed by the
erasnre of the word ''Barnwell" aud in
serting 'Blackville. That said Aldrich
applied for certified copy of that Sec
ton relating to the holding of the said
Courts, and as it was signed and ratified,
and approved and signed by the Cover
nor, and also copy of the ensures and
alterations that had been made in Sec
tion 10, Section 3 and paragraph third,
since said Act had been filed in the Of
flee of said Secretary of State, but was
told that he could only get copy of the
Act as it now appeared in the Office
The respondent, F. L. Cardozo,
through his counsel, Messrs. Melton,
Carol and Chamberlain, submitted his
return, of which we give nm abstract:
That, according to concurrent resolu-
tion of the General Assembly, passed at
their last session, the respondent, as Sec
retary of State, was authorized to en-
ploy the necessary clerks for enrolling
the bills and engrossing the Acts of the
General Asse sembly. and the duty of super
vlsing the work was thereby devolved
upon this respondent. That said Act
was very long, and had to be divided
among several clerks in order to get it
through in time to have it ratified before
the adjournment of tue General Assem-
bly,. In making this enrolled copy from
the original Act, with its several amend
ments, occurred the word "Barnwell''
instead of the worn "Blackville," " in the
third paragraph of the 10Th Section,
title 3, Section l of said Act; and in this
form the said enrolled copy was ratified
and approved. Whether that error was
the result of accident or procured by de.
sign, this respondent cannot undertake
to say. 1t escaped his attention, as also
the Committee on Enrolled Acts in the
Senate, by whom it was reported for rati-
fication. It is true that copies of said
Section had been given to several per-
sons who were interested, and it was not
until two weeks after the adjournment of
the General Assembly, and after said
copies had been given out from the Of
flee, that respondents attention was called
to the error; that the error occurred from
q disagreement which existed for some
time Id regard to the place for holding
the Courts in said County, and it was not
until late day that the two houses
agreed upon Blackville as the place, and |
respondent had been directed to have
the same for ratification. Knowing. |
therefore, that the word "Barnwell' on
the enrolled copy, Instead of tho word
"Backville," was a clerical error, and
that the Act, as thus enrolled. was not in
conformity with the Act as it had passed
the General Assembly, and as it had been
ordered to be enrolled, this respondent
assumed the responsibility of correcting
the error in the enrolled copy, by erasing
therefrom the word "Barnwel'' and in
s1rting the word "Blackville," as it np-
peared in the Act itself, &C., &c.
Mr.. Pope then opened the argument
for tho REALTORS in speech of great
length and Of much force, and WAS fol.
lowed by Mr.. J. M. Hutson, on same
side. Maj. g. d. Melton opened for the
respondent, and occupied tho attention
of the Court until adjournment. Attor-
ney- General Chamberlain will follow on
same side this morning.