The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-12-27
oomplaine for Rsli~f.

Oomplaine for Relief
Tho State fer -slattone Robert q. 6hivsr,,
Ed''5ard Hops a,:s Rufus d. Som,
Plaintiffs, rs. the City Of Columbia and
James ID. AQen, Defendants.
The following is the paper upon which
the present proceedings in Law have been
instituted. on the part Of the Taxpayers
Of Columbia. against the city Of Oolum-
bia and others connected with them. It
will be seen upon what grounds these
people have been called to account. and
it will be found to show some, though
not all. Of the charges that are made
against them. Here is the complaint,
upon which. sustained by invinoible affl-
davits. Judge Melton granted his order Of
temporary injunction and restraint:
The State Of South Carolina, by D.
n. Chamberlain as Attorney General,
and Robert O. Shiver. Edward Hope and
Rufus D. Sem, the individual plaintiffs
above named. complaining OF the de-
PENDANTS herein, allege:
I. That the plaintiffs. Robert @. Shi-
YER, Edward Hope and Rufus D. Sem.
are citizens of the said State and corpo-
rators and tax-papers of the city of Co.
lumbia, owning considerable real estate
in the said city.
II. That the said city of Columbia was
only incorporated by an Act Of the Gen
eral Assembly OF the said State, entitled
can ACT to alter and amend the charter
of the town Of Columbia, and for other
purposes" ratified on the 21st day OF
December. 1864. That by the said Act,
and subsequent Acts amendatory thereto,
the municipal powers Of the said city are
vested in a mayor and twelve aldermen,
to be chosen in manner as prescribed by
law.
III. That on the day OF April. A. D.
1870, the following persons were duly
chosen and elected mayor and aldermen
of the said oity for the term Of two
years. to wit: John Alexander. Mayor;
and Charles Minort, Augustus Cooper,
John W. Denny. VIM. II. Wigg, Israel
Smith. VIM. Hayne. Samuel B. Thomp-
uon, VIM. Mooney, Robert M. Wallace,
Wm. Simons. Joseph Taylor and -
Goodwin, Aldermen, all of whom are
now serving in their Offices, respectively
~. That the taxes levied and assessed
by the said defendant. the city of Colum-
bia, upon the real aud personal property
OF the citizens and taxpayers of said
city during the present year, and since
the induction of the said mayor and
aldermen in Office, has been much in
excess of any previous year.
V. That by reason Of the corrupt and
fraudulent acts of the said mayor and
aldermen, in squandering the public
moneys, by farming out and disposing of
the public property, contracts, rights,
privileges and franchises, in manner
hereinafter stated, and in various other
ways, the taxes Of the said city have in
creased, aud are increasing annually, to
an alarming extent; the effect whereof
will necessarily be detrimental to large
number OF persons transacting business
in the said oity, and enforcs others to
remove out OF its limits to avoid tho
onerous taxation annually imposed upon
the property owners of the city.
vi. That on the said may OF
and aldermen passed resolution pro-
viding for the building Of City Hall in
the said city of Columbia, nnd appointed
committee, of which one VIM. 81. Wigg
was made chairman, to carry into effect
the purposes OF the resolution. And
| that the said committee thereupon pub
'A'ASA - hosiCo OotaAu6 AoI UluucI6 lOE tut
contract to build said City Hall, requir
ing said bidders to give bond in the sum
OF 500, OOQufpr the faithful discharge oi
the oontraoE, and reserving the privilege
OF rejecting any and all bids.
VII That six days after the publica
ton of their said notice, and before any
sufficient time was given for the exami
nation Of their plans and specifications
| q kf, NIL 1,o
to be made. the said William H. Wigg
chairman OF the committee as aforesaid
reported to the said Mayor aud Alder
men that tho contract was awarded by
the committee to james nj. Allen, de
fendant in this action, for the sum o
$l38, 900, and that the contract wa.
thereupon awarded to the said James M
Allen, by the said Mayor and Aldermen
according to the terms of the report o.
the committee. and O contract executed
between the city of Columbia and the
said James Nj. Allen accordingly.
VIII. That competent and skillfu
contractors could have been easily pro
cured to build the said City Hall, accord
ing to the plans and specifications fur
nished by said committee, for the sum O
S85, OO0-S53. 900 less than the sum fol
which said contract was actually award
ed-if fair and just competition hat
been allowed in the biddings.
TX. That the said Mayor and Alder
men well knew, at the time of awarding
the said contract to James NJ. Allen, tha
the sum of $3.50 was ON extravagan
amount to pay for the said building, ant
that the same could be erected at fal
less cost.
K. That it was tho duty of the sale
Mayor and Aldermen, and of their com
mittee, to have required from the archi
tect who planned said City II ALA carefu
and exact estimate OF the cost of con
struction, and to have given reasonabl,
notice, By public advertisement of th,
biddings, for the purpose of securing
honest competition among all porscn!