The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-08-15
and of 1s71-72, $3.50, ,000 making $3.50, 900, while
The treasurer had paid by bis own showing
1885, ,423 n, being payment beyond the ap-
nf x9S6 d927T =t='[ -

Second. An Injunction was asked that,the
treasurer be restrained from paying any more
money towards public printing, inasmucn as
the treasurer had e'ready paid, ACCORDING 20
his own showing, S1l3.374 63 towards tne
object, when not one dollar had been legaly
appropriated therefor. -.-I.,-i,
Third. An Injunction was asked to restraln
the treasurer from paying anything toWaraa
the printing of the tenth, eleventh, twelfth
thirteenth and fourteenth volumes Of the sta.
tutes at Large under the joint resolution OF
18th November, 1871, passed over the veto OF
the Governor, because there had been no law
full appropriation therefor, and it was against
the constitution to delegate powers to any two;
men of the State to make contract, have the
work done, and then appropriate out of the
treasury just what such TWO men might chose
to pay. 1t was estimated that this Job would
COST, If permitted to 60 on, s30O,000
Fourth. An Injunction was asked that the
treasurer be restrained from borrowing any
more money upon his notes as authorized by
the act of the 4th OF March, 1872 and the
Joint resolution OF the 18th of March, 1872, be-
cause both act and resolution are unconslitu.
tlonal, having never been passed by q two
thirds vote, and being directly in violation of
the seventh and fourteen sections OF the ninth
Art of the Constitution OF the State, directing,
In express terms, how money oaly can be bor-
rowed. F- ..=.-l.
Fifth. An Injunction was asked to restrain
the treasurer from paying any Of the notes
already given for, money borrowed upon
notes given by him amounting, according to
his own showing, to 1898; ;8l2 "a, because there
had been no appropriations made 10 pay tie
same, and they could not be paid out or any
money then or thereafter to come Into the
treasurer's hands, unless there was special
appropriation therefor. 4
On the 1st Of June. Judge Willard grant
ed O temporary Injunction restraining the
county treasurers from paying any drafts,
orders or pay-certifcates drawn or endorsed
by the State treasurer, and an order for
the defendants to- show cause on the llth
not be granted. On the 10th OF July,
Treasurer Parker made q return In which
be claimed TO have paid out $500. 900 tln
money for the legislative expenses OF the last
session, and $350,00Q In dne-bills on the treas
ury. But even that amount OF $S6g. .O0u old
not cover all, for there were untold numbers
of pay certificates and orders signed by Speak
er Moses and Lieutenant Governor Ransier,
one of them being for the. suin Of $4,000, Whlcn
had not. been settled In any way and were
still outstanding. In addition TO this, the pub;
lie printing amounted to $450, 600, the larger
part of which remained unpaid.
The return was In general terms and very.
vague, although 1t was of great length. and on,
the 12th of July the counsel for the plaintiffs,
the court ordered the; treasurer to amend It.
On the 10th OF August, LAST Saturday, Judge
Willard rendered long decision IN the case,
occupying seven columns OF the Columola
Phoenix, In which he decides that the action
Of the State treasurer In raising money upon
promlssory notes was unconstitutional and
illegal, and he therefore continues In force
the Injunction prayed by the complaint 10 re-
strain the treasurer from Issuing or paying
promssory notes or bills, as charged In the
complaint 1t Will now be Impossible for the
plainlif5 to get their mOi;ey out OF the State
treasury, and q personal actlon will therefore
be Immediately instituted against Parker and
his sureties. The bond given by the treasurer
ior the proper discharge of the duties OF his
lars, and has annexed to 1t as suretles the
names Of Messrs. Denny, Stolbrand, Frazer,
Moses, Crews and others. ,.,a 90, ,,s--..s...
CHARLEsToN's CASE AGAINST THE BLUE RIDGE
RING.
The next sultwas that of John NJ. Mackay
In the Circuit Court, before Judge Melton
A.saInat-tha pi"n p pfsssSS4,.llroad ComDany
! the complaint In which alleges numerous NILS
applications and embezzlemenis Of the funds ol
the company, and prays, among other things
that IA receiver Of the property and etscis OF
the said corporation be appointed 70 collect,
receive and take charge OF said property ol
the use aud benefit Of The stockholders OF fa,o
company" This complaint was sustained by
atfidavis by John n. Mackay and Thomas j.
SIeers, which contained u sweeping array ol
specific allegations OF frauds, In WHICH John j.
Patterson, Hardy Solomon, F. 8. Jacobs, Niles
q. Parker aud II. &. Worthlugton Were 1mplt
Gated, The complainant invited other cred.
itors aud bondnolders OF the road
to come into the suit as party plain
lIfs, and on the Oath OF June the
City of Charleston, through the city attorney,
Mr.. D. T. Corbu. came In as painLlf to the
exteut OF Its ST. ,064.000 OF stock. The case was
to have come up for . hearing on the 18th o.
July, but was at that time postponed on ac'
count of the absence of the defendants, who
as we'll as the original plaintiff, were In New
York City, attempting. it was sald, to make
some compromise by which the suit might be
withdrawn. It. did come up on the 9Th OF July,
before Judge Melton, upon preliminary mo-
tlon for an Injunction, and the appointment o!
q temporary receiver. Messrs. Mcmaster and
d. L. Corbn for the City OF Charleston, and
Judge A. G. Magrath for private creditors, and
Messrs. Melton and Clark for the defendants.
Mr.. Corbin appeared for the first time be.
fore the court In behalf of the City of Charles.
ton, and asked and obtained leave to further
amend the complaint, saying that there were
some other andheavy acts OF rascality which
he wished t0 DISCLOSE.
The answer to the complaint was filed OF
the 7th of August, by John Patterson, but 1t con
lained little more Lhan q general denial OF the
facts alleged In the. complaint. He denied al
the allegations OF fraud, and also that he hac
paid out one dollar of the scrip without {
lawful consideration therefor. He aVowe(
that not dollar OF the scrip was given Il
WOrthington or to Hardy Solomon, or to an!
one else Parker, he claimed, held obligation
OF the company TO the. amount Of something
over thirty-eIghG thousand, and the scril
given him was attempted to be accounted TO
iu that way.
On the 9Th of August, Mr.. Corbln's amend
| ments to the complaint being presented, MIR
McMaster, the counsel for Mackay, made ant
argued motion that the amendments
| (which 1t was said were made with . view Q
| forcing The road into bankruptcy,) be not al
lowed, on the ground OF their being opposed
| 10 the true Interests Of the stockholders. Mr.
Corbin replied. defending his amendments
and the court sustained him, or at least de
cided that it was too late to object to th'
| amendments. The returns OF Patterson ant
| the other defendants were read by counsel
and, upon motion of the defendants, th'
| further hearing Of the case was postponed I'll
to-day, the 18th Instant, In order to allow then
to prepare counter affdavits.
THE BONDHoLDERs SUIT AGAINST cARDozo.
The latest litigation is the one brought al few
DAYS ago before Judge Melton, In the Circuit
Court, by Messrs. Morton, Bliss & Co., OF New
York, holders OF South Carolina bonds, agains
Secretary of State F. L. Cardozo to compe
/ 4.