The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-05-24
The B,uo Ridge Railroad caso.

heard Goth and 2Ist inst. John Fisher,
! William B. Stanley, William Wallace,
and Edward Hope, plaintiff; against
j. Il. NeHgle, as Comptroller General
of the State of South Carolina, the
Blue Ridge Railroad Company and
Jnmes P. Low, defendants.
The plaintiffs, by practice under the
code recently adopted, had brought
their complnint on behalf of themselves
as tax payers and oil others similarly
situated.
The complaint sets forth the Act of
Assembly passed in 1854, authorizing
the Comptroller General, upon certain
conditions precedent, to endorse on
81, O00,O0 of the bonds Of the Blue
Ridge Railroad Company the guarantee
of the State. pledging the faith and funds
thereof for the payment of said bonds;
that on September Is, 1865, the General
Assembly passed an Act reciting the Act
OF 1854 and the fact that the conditions
thereby required had become impossible
and improper, and enactiHg tiiut the
Comptroller General should, without
reference to such condition, endorse the
said $1,000, 900 Of bonds, thereby pledg-
ing the faith aud funds of the State
thereof; that the snid Act of 1868 further
provided tho same authority, in respect
TO additional bonds. to the amount of
So 900, O0U, thus making in the aggregate
$4. O00 900 of bonds, whereon said
Comptroller General was authorized by
such Act of 1868 to bind the State;
that blank bonds to the amount of
81. 900, 900 had been prepared and
printed, and were III the possession of
defendants; that of these bonds, amount
ing to the sum of $1,000. 900, has been
executed by the Blue Ridge Railroad
Company, and had been endorsed by
the Comptroller General in the manner
above mentioned, but that these bonds
were unnegotiated, and still remained in
the hands Of the defendant. james P.
Low, an officer of said Company, and
might, at any moment, be issued; fur
tner, that it was in contemplation on the
part of defendants to execute, endorse
aud guarantee, aud issue the remaining
So. 900, 600 Of bonds.
The plaintiff submitted that this Act of
September Is, 1868, was unconstitutional
and void; that among other objections
to these bonds they provided payment III
gold, aud were not even snch as were
contemplated by the Act itself; on these
grounds the plaintiffs prayed that the
issue or delivery Of the executed and
endorsed bonds, and the endorsement
by Comptroller General of those re-
manning, and for other relief.
The case was opened by w. II. Talley,
Esq, on behalf of the plaintiffs, who
was followed by A. c. Haskell, Esq !;
Hon. D. H. Chamberlain. Attorney
General. and j. d. Pope, Esq, for de-
PENDANTS. the reply being made by Hon.
J. 2. Carroll The question arose on n
rule to shew causn why temporary in
Junction should not he granted. Upon
he ,ring most elaborate argument, the
Judge granted the temporary injunction
on the usual terms rs to security.
Timon, the Washington correspondent
of the Richmond Dispatch writing under
date Of the 17th inst, says:
The indications of coming disruption
in tho Republican party in Congress are
too plain to admit Of dispute.
The storm is brewing both in the Sc
nate and in the House, and the cause is
the too constant demands of the ultra
radicals for Il continuation of imposition
aud prescription. The old love Of re-
CONSTRUCTING Quits Is 10 dTQeDC ClAt IL
cannot be dissipated without n struggle,
which shall leave the ultras in the
minority in Congress.
The leaders of the radical party see
this breach coming gradually but surely,
and take no pains to conceal their appre-
tensions Of trouble. A prominent mem
Der of the party, one who has been
honored i'll various positions of official
Importance, declares that the breach,
which commenced in Tennessee, is ex.
tending over the country. and the only
remedy is to fight to the bitter end every
thing like to conservatism.
The debates in the Senate within the
past two or three days prove conclusive-
~ enough how the Republicans are
being divided, and the extreme radicals
savngely declare that their more sensibl.
colleagues are going over .'body and
soul" to the Democracy-anda all because.
they oppose the further Introduction OF
measures intended TO impose additional
disabilities to the people of the South.
So far as the President ard Cabinet
are concerned. they are, with probably
three Gf even that is not counting one
too muny) exceptions, favorable to the