The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-11-21

upon 30 much OF the proceeds Of the: !: tax last
mentioned as may be collected before this
plaintiff shall have entered upon the per.
tormance OF his official duties as State treasu-
rer, and to dispose of the same, as he has done
with the bulk of the money In the treasury
during the last fiscal year, In payment Of
the notes given by him as State treasurer
as aforesaid, and In payment of yet
outstanding pay certificates of the members
and subordinate officers of the General As
sembly and the certified accounts tor public
printing done; that 1t is necessary to detail
those facts and circumstances, for within the
last two days the said N. G. Parker. State
treasurer. announced In person to this plain
tiff that he. had the power under the law to
pay the outstanding pay certificates, and
other demands aforesaid, for payment where
OF no special tax is imposed prior and IN pre-
cedence to the.special appropriations made oy
the general appropriation act OF March 10,
1872, and that. be intended to exercise that
power, and defisd this plaintiff to prevent
him; and this plaintiff further alleges that ne
is informed, and confidently believes, the
State treasury has heen empty for many
months past, and he alleges that If the said
N. G. Parker, State treasurer, shall be per-
mitted to dispose of the proceeds of the said
incoming tax for the purpose proposed by
him, as hereinabove stated, such action on bis
part must inevitably produce most disastrous
consequences, and may result In the actual
suspension or disruption OF the entire govern
ment Of the State.
Wherefore, the plaintiff demands Judgment
as well on his own behalf as on behalf of all
taxpayers and citizens of said State; that as
to the proceeds of the tax authorized to be
levied by the aforesaid joint resolution OF the
General Assembly approved March l3, 1872.
the said Slate treasurer, Niles g. Parker, bis
attorneys, counsellors, assistants and agents,
pe enJolned from using, appropratlng, or In
any manner dlsposiDg of the same or any part
thereof, for any. purpose whatever except In
payment Of the appropriations contained in
the general appropriation act for the fiscal
year last past, approved March 18th, 1872, un-
til those appropriations have been fully salts
fed and paid, and that the said N. g. Parker
as State treasurer, be especially and abso-
lutely enjoned from paying out of the pro-
ceeds of the said tax now about to be levied
any outstanding pay certificates of the mem.
bers and subordinate officers or employees of
the General Assembly, or any certified ac-
counts for public printing done, or any note
or notes, obligation or obligations made by
him for money borrowed under the authority
of the act and Joint resolution OF the'General
Assembly, In that behalf, hereinabove men-
toned and that each of the county treasur-
ers of the State, the defendants In this
action, be enjolned from using or dispos-'
Ing of any part of the proceeds OF the
said tax, for the fiscal year last past, and now
about to be levied, which may come Into their
hands respectively tor the purpose Of paying
any note or obligation, of the said Niles g.
Parker, or any order or check made or en-
dorsed by him, or any pay certificates of any
member or subordinate officer of the General
Assembly, whether endorsed by the said Niles
G. Parker, for payment by any county treasu.
rer or not, or any account OF public printing,
certified by the clerks respectively ef the
Senate and House of Representatives; and that
each of the said county treasurers be enjolned
from using or dlsposlng of any portion of the
proceeds of the said tax, save only the county
tax, for any purpose whatever, except for
payment of the same into the treasury of the
State; and that such other and further relief
may be granted to the plaintiff as may be just,
together with the costs OF this action.
CARROLL Dc JANNEY,
Plaintiff g Attorneys.