The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1872-11-28
Judge Melton's Injunction against Tax.
PaYiId.

Judge Melton's Injunction against Tax
< Paying.
sHOn last Saturday, which was the time set for
the hearing of the case, against County Audi
tors and County Treasurers, restraining these
officials from the levy and collection of taxes,
the aforesaid defendants failed to put in an
appearance, and Judge Melton made the in
junction absolute, as will appear by the order
published below. For the present, this settles
the tax question, and there is to be no collec-
tion of taxes until this injunction of Judge
Melton has been dissolved by due process of
law. rItis1understood, that the General Assem-
bly, will forthwith provide remeday for all
these difficulties surrounding the tax question,
and it is stated that there will be corsidera-
BILE reduction in the amount of tax imposed.
As matters now stand, the joint resolution of
March 13, 1872, is clearly unconstitutional and
cannot be enforced, which RENTS the question
of levying tax to meet appropriations for the
current year to the Legislature. The time and
occasion lie opportune for the Inauguration of
economy and justice to the Taxpayers. The
judicial branch of the State government, repre-.
sented by Judge Melton, has interposed its
power to prevent unlawful exactions from the
people, and it becomes the duty of. the legisla-
tive branch to sustain these reformatory meas
ures by Just and equitable legislation, providing
for the decent support of all public and chari-
table institutions, prompt compensation of pub
lie servants, and reasonable expenditure for
the necessary machinery of government. Un-
til the public debt is more clearly ascertained,
there is no occasion to provide for the payment
of its accumulated interest, except on. that
portion winch is undeniably just and legal.
The people are ready and willing to meet every
proper demand upon them, and it behooves the
Legislature to hegin the work before that body
with circumspect regard to the rights of-all the
citizens of South Carolina. A reduction Of the
proposed tax levy would prove an earnest of
good intentions, and We trust to have the
pleasure of so recording the action Of the Leg
islature.
We append the final order of Judge Melton,
restraining the levy and collection of taxes at
the present time:
The State of South Carolina, er relatione the
Attorney General, versus the County Auditcrs
and Co,snty 7|easurers.
A rule to show cause having been granted BY
me against the several defendants in the above
entitled cause, returnable before me, on the 23d
of November, instant, at the Court House in
Columbia at IL o'clock g. m, and the said rule
having been served on each Of said defendants
by depositing copy thereof in the post office
in Columbia, on the 18th November, instant,
addressed to each of said defendants, and q
copy of the complaint, summons and order
herein having been served on each of said de-
PENDANTS by depositing a copy thereof in the
post Office in Columbia, on the 10th and 21st
days of November, instant, addressed to each
of said defendants, and no cause having been
shown by the defendants, or any of them, the
rule is now made absolute, and it is
Ordered, That the said defendants, the Coun-
ty Auditors of the several Counties of the
State, their agents, deputies and attorneys, and
each and every of them, be enjoined and re-
strained, until further order in this cause made,
from levying or causing to be levied, the taxes,
or any part thereof, authorized and directed to
be levied by Hon. J. L. Neagle, the Comptrol-
Ter General of the State, in and by certain
Circular Letter, dated November 13, 1872, ad-
dressed to the defendants as County Auditors
of the several Counties of the State, and from
levying, or causing to he levied, any taxes un-
der the authority of the Joint Resolution of
March 13, 1872, entitled "Joint Resolution au-
thorizing and directing the State Auditor and
County Commissioners to levy certain taxes," |"
and from levying, or causing to be levied, any
tax to pay the interest on the bonds and stocks
of the State, or any portion thereof
And it is further ordered, That the said de-.
PENDANTS, the County Treasurers of the several
Counties of the State, their agents, deputies
and attorneys, and each and every Of them, be
enioined and restrained from collecting, or
causing to be collected, any taxes levied, or to
be levied, by the County Auditors of their re-
spective Counties, under the authority of a
certain Circular Letter, issued by the Comp
troIler General of the State, hereinbefore re-
feEred to, dated November IS, 1872, and from
collecting, or causing to be collected, any taxes
levied, or to be levied, under authority of the
Joint Resolution of March IS, 1872, hereinbe-
fore referred to, and from collecting. or causing
to be collected, any taxes levied, or to be levied
to pay interest on the bonds and stocks Of the
State, or any portion thereof, until further or
der in this cause to be made.
(Signed) SAMUEL W. MELTON.
Columbia, 8. G., November %, 1872.
Tr,,, ror-ro,r ppouprrro Tho Novouoher