The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-08-15
THE RING IN THE COURTS.
Il SUMMARY REgIEW OF TIE LrTIGA,
TIONS At COLUMBIA.

Il SUMMARY REYTEW OF THE LITIGA-
TIONS At COLUMBIA.
An EnhIadins Fire OF Latv-Suits-Pro-
gress and Prospects OF the Various
Gases.
The suits that have been brought In Coluln-
bIa, during the past few weeks, against the
Radical officials, and which are furnishing day
by day deeper insight into the extent and
mapner OF their fraudulent financial opera
tions, are becoming so numerous and conlus-
ing that the following brief summary Of them
will now be found of interest and value:
TIE PENITEN1IARY. SUIT.
The first in the order OF commencement of
these various suits is that Of G. J. stolbrand,
superinlendent of the State Pententlary,
brought in the Supreme Court against Treas
urer Parker, to compel him to pay over the
funds appropriated by the Legislature for the
support of the penitentiary. That Institution
was, and still is, in sore straits for want Of
means ID feed, clothe and guard Its Inmates.
On the 25th OF April, Its directors resolved
upon the dangerous expedient OF hiring out
the convlcts to parties outside OF the Penlten-
tiary, as choice of evils between that course
and turning them loose upon the community.
At the same time, having the firm belief that
the State treasurer had, or ought to have in
his possession, funds to pay some portion OF
che liberal appropriations made by the Legls.
ature, the superintendent brought this
suit against him. The summons and COM
plant in the action demanded q iull showing
by the treasurer as to what he had done with
the money intended for the support of the
Penltentlary; but the treasurer In his return
declined to enter into particulars OF bis stew
ardshlp, and explained simply That the drafts
on the treasury were paid by checks, and that
the checks had been protested. This return
was of course unsatisfactory to the plaintiff,
and on the 10th OF May bis counsel Mr. j. D.
Tradewell, made and argued mption before
the Supreme Court to quash the return oil the
treasurer as insufficient, or to quash certain
parts and send the questions OF fact to the ClI-
cult Court for trial. or TO refer the whole case
to a referee, to take testimony mud report TO
the Supreme Court. The court at the Time re-
served Its decision on these motions, and, alter
due consideration, as is to be assumed, denied
Them, and the case was aguin brought before,
the Supreme Court on Tuesday lascupon mo-
ton BY Mr. Tradewe for mandamns TO-
compel the treasurer to make dehnits show
ing before referee as to the disposition OIL
Iub luLu5 dpprUprlhLeu Wy tue 1ItelaioLuLc W. :
the support oflhe Penitentlary, or an order by
the court for trial 6f the facts In the Court
OF Common Pleas, or an order BY the court for
q criminal prosecution In the Court Of Gene
raj Sessions. Mr.. Chamberlain made on argu-
ment In reply; assuming mainly the ground
that tue absence of any express law compel.
ling the treasurer to make such showing as
was required OF him ey the relator, p.aced, ~ ~
out Of the power Of the court TO interpose It's
mandate In the matter. And the court again
reserved Its decision, which may now be ex.
pected at an early day. .y
THE BOND SCRIP CASE.
The next suit Instituted against the State
treasurer was the famous Blue Ridge scrip
case, brought before Judge Willard, of the su-
preme Court, by State Auditor Edwin F. Gary,
against the State treasurer and the various
county treasurers, 10 restrain them from re-
ceiyine or paying ont the Blue Ridge scrip,
which the Legislature had authorized 10 be
created and received In payment OF taxes, DC.
The complaint declared this action 0t the Lee
gisature 10 be unconstitutional and void, aud
ON. tho Aros OF J1os, ,'Sos~ela a
TEMPORARY Injunction against the Slate aud
county treasurers, restraining them from re-
celyIng or Issuing the bond scrip, and an or
der for them to show canse why lne lnJunctlon
should not be made permanent. To this COM
plalnt Treasurer Parker soon after made re-
turn, In which he alleged that The PONDS of tne
Blue Ridge road, to the amount OF 1884 QUO
had been received by him TO be cancelled
under the act, and that he had already Issued
scrip to the amount OF sl,796,823 So in lieu
thereof. There way, therefore, still outslaud-
Ing S6O4, 1000 of the bonds which were pledged
In New York as colaterals, and 1t would re-
ouire something over 100000 more OF the
scrip to take them up, making in oil an Issue
of scrip OF over 81, 10000, instead OF 81, ,sOo,-
600 as had been generally understood: The
case came up lornrgunenG on July ii, Messrs.
Pope & Haskell and Mr.. Corbin appearing tor
Auditor Gary, Judge Msgralh for Mr.. e. B.
Wesley, of New York, holder of s3OO,00O OF
scrip, and Altorney-General Chamberlain and
Mr.. C, D. Melton for the State treasurer. Mr.
Pope made very strong argument against
the validity of the scrip. and Judge Willard
intimaled very clearly tnat he held the act TO
be unconstitutional as authorizing the issue
of bills of credit. The argument was
to have been continued on the i2!h, OUT on
that day Messrs. Chamberlain and Melton, the
counsel for the State treasurer, declined to
deliver any argument, and on the 23d OF July
Judue Willard rendered his decision In The
case, O decision which was entirely saistuc-
tory TO the plaintiffs, aud which wiped cut
over 50, ,OCO, 900 OF the debt of the State. The
act of Assembly under which the scrip was is-
SU6Q Was pTOuOUuGcu uull duu fOlU, Do CUu'
trayening the clause of The Constitution Of
the Unlsed States prohibiting the States from
Issuing bills OF credit; and the Injunction be-
fore granted against tho receipt of the scrip
for taxes and the Issuing OF 1t was sustained,
sad continued OF full force. The oplnlun of
Judge Willard concluded as follows: "Consld-
erIng The act in Its entire aspect as we'll as ils
Integral parts, 1t is clear that the Legislature In
tended that the scrip should Circulate as
money, and that for this reason the provisions
of the act authorizing the issue OF scrip are In
conflict with The prohibitions of the Constitu-
tlon of the United States as to the emission Of
bills OF credit by States. The act being uncon-
stItutlonal, 1t Is void. So far as iC contem-
plates the issue of revenue bond scrip 1t la un-
important, therefore, to Inquire whether the
scrip that was actually issued was conformable
to, and authorized by, The act. The injnnc-
tion heretofore Issued must be continued until
the fnal hearing and determination OF the
actlon.n
1t should be remarked, however, that an
appeal will undoubtedly be taken from this
decision to the full bench OF The Supreme
Court where, it is said, the Ring are confident
that 1t will be reversed, and lney are evidently
making their arrangements upon the strength
of this expectation.
THE TuNATIC ASYLUM SUIT