The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1872-12-12
The Decision of Judge Melton on the
Blue Ridqe Scrip.

The decision of Judge Melton in the Blue
Ridge scrip case is published. The complaint
in the case prayed that the State treasurer be
enioned from using aud putting into circula-
ton CERTAIN treasury certificates, known MS
revenue bond scrip, and that the said State
treasurer and the county treasurers be enJolned
from receiving such revenue bond scrip In pay
ment of taxes then due or afterwards to be
levied, and from paying out the same. Judge
Willard granted temporary Injunction and
by consent the cause was brought to hearing
before Judge Melton on November 9. Judge
Melton recites the circumstances connected
with the issue of the scrip, and says:
Upon this statement of facts questions OF
law arises which, whether we regard their i'm
portance to The parties and to the community,
or the difficulty of their solution, should re-
ceive the most earnest and elaborate consider
alton. Such consideration is due rs we'll to
the unusually learned and exhaustive argu-
ments of counsel. 1t is, therefore, with great
regret that find myself compelled to decide
the issues involved, after hasty and utterly
Inadequate deliberation, embarrassed by other
and equally urgent duties, and to announce my
conclusions, without discussion of the argu-
ment. by which, however involved in doubt,
they have been reached.
In regard to the main issue, however, nothing
of value could be added to the opinion of Mr..
Justice Willard upon the preliminary hearing.
In arriving at my conclusions, have not
deemed it pertinent to consider the equity
which may exist as between the State and ho-
ders of revenue bond scrip" arising from the
surrender of the guaranteed bonds. If an OBJ
legation exist involving the faith of the State,
it rests upon the legislative and not with the
judicial department of the government
And have deemed it alike foreign to the is
sues presented to pass upon the morality or the
Justice of this legislation, which, without con-
sideration and without benefit to the State,
seeks to impose an additional and grieyous
burden of debt upon the people.
l. The action may be maintained by the
plaintiff as State auditor; and all parties nee
essary to an adjudication of the issues of mode
are before the court.
2. The revenue bond scrip" is "bill of
credit" within the meaning of Section y, Arti-
Gle l, of the Constitution of the United States /;
and the act of the General Assembly of this
State, approved March 2, 1872, so far forth as
it authorizes the emission of such scrip, is In
violation of the Constitution of the United
States and therefore void
8. "The revenue bond scrip" is not within
the meaning of Sections 10 and Il, Article 6
of the Constitution of the State OF South Car
olina, and does not constitute, therefore, an
obligation which the State may direct to be
received in payment of taxes or other dues to
the State, or to be redeemed in the manner by
the said act. Issued in violation of this State,
as we'll as the Constitution of the United
States, it is wholly unauthorized, illegal, and
without value for any purpose whatever. 1t is,
therefore,
Ordered, that the injunction heretofore
granted against the State Treasurer aud the
county treasurers, as prayed in the complaint,
be and the same is hereby made perpetual.
SAMUEL w. MELTON.