The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-12-06
THE Bloc RFDGE SCRIP.
Decision Of Judge Melton Granting .
Permanent Injunction Against Its
Issue and Receipt for Taxes.

Decision OF Judge Melton q
Permanent injunction Against Its
Issue and Receipt for Taxes.
The decision-o of Judge Melton In the Blue
Ridge scrip case is published. The complaint
In the case prayed that the State treasurer be
enjoined from using and putting In circulation
certain treasury certificates, known as reve-
nue. bond scrip, and that the said State treas
urer and the county treasurers be e~Djoined
from receiving such revenue bond scrip In
payment of taxes then due or afterwards to
be levied, and from paying out the same.
Judge Willard granted a temporary iDjunc.
tlon, aud by consent the cause was brought
to q hearing before Judge Melton on Novem.
Der 9. Judge Melton recttes the circumstances
connected with the Issue Of the scrip, and
says
Upon this statement of facts questions OF
law arise which, whether we regard their I'm
portance to the parties and to the community,
or the difficulty of their solution, should re-
ceIye the most earnest and elaborate conside-
ration. Such q consideration Is due as we'll
to the unusually learned and exhaustive argu-
ments of counsel. 1t is, therefore, with great
regret that / And myself compelled to decide
LILO lbbuSd iuFOltCuS dllCA 2 AooIJ AN HUGELY
| inadequate elaboration, embarrassed by
other and equally urgent dulles, and to an
| nounce my conclusions. without q discussion
OF the argument, by which, however involved
In doubt, they have been reached.
In regard to the main Issue, however, moth
Ing of value could be added TO the opinion of
Mr.. Justice Willard upon the preliminary
hearing. in arriving ut my conclusions, l
have not deemed 1t pertinent to consider the
equity which may exist ss between the State
and holders of revenue bond SCRIP" arising
from the surrender IT the guaranteed bonds.
If an obligation exist Involving the Iaith Of
the State, It rests upon the legislative and not
with the judicial department OF the govern.
ment. And 1 have deemed 1t alike foreign TO
the issues presented to pass upon the morality
or the justice of this legislation, which, With
out consideration and Without benefit to the
State, seeks to impose an additional and
grlevous burden Of debt upon the people.
/. The action may be maintained by the
plaintiff as State auditor; aud all parties ne
ressary 10 an adjudication of the Issues Of
mode are before the court.
2. The "%revenue bond scrip" is q "hill of
credit" within the meaning of S.ctlon <. Ar
tIcle I, Of the Constitution Of the Uuited
States; and the act Of the General Assembly
of this State, approved March 2, 1872, so far
forth IS 1t authorizes the emission of such
scrip, is In violation OF the Constitution Of the
United States, and therefore void.
8. 1.-THE revenue bond scrip" Ia not within
the meaning of -~ectiong 10 and IA, Article 8
of the Constitution OF the State of South Caro-
lima, 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. Issned In violation Of this
State, as we'll as the Constitution of the United
States, 1t Is wholly unauthorized, illegal, and
without value for any purpose whatever. 1t
Is. therefore,
Ordered, that the Injunction heretofore
granted against the etate treasurer and the
county treasurers, as prayed In the complaint,
be and the same is hereby made perpetual.
SAMUEL W. MELTON.
December 3D., 1872.