The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-11-20


or any other officer or person, to levy tax to
pay interest on the public debt, since the pas
sage of the joint resolution OF December l9,
\ 1870, herelnbefore referred to, and that the
levy authorized by said joint resolution of De-
cember ls, 1870, has long since been made.
| v. That the plaintiff Is informed and believes
that the comptroller-seneralc construes the sew
eral acts of the General Assembly authorizing
the issue of the bonds and stocks of the State,
as well as the act of March 13. 1872, entitled
'sAn aot relating to the bonds of the State OF
South Carolina" as conferrlng upon him the
authority to levy the said tax for payment of
Interest on the public debt, as set forth Ia and
by said circular letter, ,herelnbefore referred to.
vi. That 1t Is true that the said acts last
mentioned do provide for an annual tax to be
levied, 10 pay the annual interest on the bonds
and stocks of the State therein named, but the
said acts confer no authority upon the comp
troller general, or upon any other officer to
make any levy of taxes for said purpose; that
the omission by the General Assembly to
charge any officer with the duty OF levying
the tax provided fol. by the several acts author
izlng the issue OF bonds and stocks, and by
| the acts of March Is, 1872, last referred TO-,
cannot be supplied by construction or inter-
llneal, and hence neither the comptroller
| general nor any other officer Is authorized by
law to levy any tax for the payment of inter-
est Oh the public debt.
VII. That the comptroller general is no
where by law Invested with any general pow
ere, either as comptroller general or as audi
tor of State, which authorize him to levy any
tax except such taxes as are specifically pro-
vIdea for and named in the several acts and
iolnt resolutions hereinbefore recited or
named.
VIII. That as to that portion OF the public
debt which was incurred by the State prior to
the year 1868, no provision of law anywhere
exists authorizing the comptroller general, or
any other officer, to levy tax to pay interest
thereon, and that the said levy of taxes au-
thorized and directed by the comptroller gen.
eral as before set forth, to pay interest on the
public debt, Is wholly unauthorized by law,
aud illegal, and Injurious to the cllizens and
taxpayers of the State.
Wherefore, the plainLlff demands Judgment:
/. That the said Joint resolution of March
1s, 1872, hereinbefore referred to, may be ad-
Judged unconstitutional and void, and that the
said defendants, the county auditors herein
liz ned, may be restrained and eDjoined from
further proceeding to make any levy OF taxes
as directed in and by the said circular letter of
the Comptroller General, or under authority
of the Joint resolution of March IS, 1872, here
inbefore referred to.
II. That the said deteDdants, the county
treasurers herein named, may be restrained
and epjoIned from collecting any taxes under
the levy directed by the circular letter of the
comptroller general hereInbefore referred to,
under authority OF the said Joint resolution Of
March l3, 1872, herelnbefore referred to.
III. Aud further, that the said defendants,
the county auditors herein named, may be re-
strained and eDjoined from further proceed
+ ing to make any levy of taxes as directed IN
and By the said circular letter Of the comp
troller-general, hereinbefore referred 10, for
the payment OF interest on the bonds or
stocks of the State, or any portion thereof.
~. That the said defendants, the county
treasurers herein named, may be restrained
and epjoined from collecting any taxes under
the levy directed by the circular letter of the
comptroller-general herelnbefore referred to.
for the payment OF the interest on the bonds
and stocks of the State, or any portion there
of, or under authority of any of the several
acts Of the General Assembly authorizing the
| issue of said bonds or stocks, or under author
ity Of the act of March l3, 1872. entitled San
! act relating to the bonds OF the State of South
Carolina
Y. That such other and further relief may
be granted to the plaintiff herein as may be
Just, together with the costs of this action.
The Injunction.
Upon this petition the following order was
made by Judge Melton:
On reading the complaint In the above entl-
tied cause, and on motion of the attorney
general, with whom are Melton Il Clark, Of
counsel for the plaintiff, tbs
Ordered, That the defendants named in said
complaint as the county auditors Of the sew
| cTal CUuubce " euC CIotOs Wv Civ" S"eSo w
fore me, at the courlhousein in Columbia, on the
23d day of November, instant, at eleven
O'Clock A. NJ, why the said defendants. the
county auditors of the several counties OF the
Stale, their agents, deputies and attorneys,
and every one OF them, should not be eDjolned
and restrained, until further order In this
cause to be made, from levying or causing to be
levied the taxes, or any part thereof, authorized
and directed to be levied by Hon. ]. L. Neagle,
the ecomptroller-geueral of the State, 10 and by
a certain circular letter, dated November l3,
1872, addressed to the defendants as county
auditors of the several counties of the State,
and from leVying or causing to be levied any
taxes under the authority Of the joint resolu-
tion of March Is, 1872, entitled "Jolnt resolu-
tion authorizing and directing the State audi
tor 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 defend.
ants named in said complaint as the county
treasurers of the several counties OF the State
do show cause before me, at the aforemen
toned time and place, why the said defend