The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-08-13
In the Comm Pleas-Richinnd nd County.
7. J. & II. M. Gibson and others vs.
Niles G.. Parker and others.

Mics W. farKef ana others.
preliminary injunction was granted
oy me on the first day Of June last.
restraining the respective County Trec-
surers from paying out any finds in
their hands, standing to the credit of the
State Treasurer, TO persons having ccr-
tain demands against the State Treasu-
rer. This Injunction was based upon
the ground that County Treasurers were
bound to transmit all moneys received
by them. on account of the State Trea.
sury, to the State Treasurer, and that
they could not lawfully disburse the
money Of the State in payment of de.
mands against it; that by the Constitu-
ton and the statutes passed thereunder.
the legal responsibility for disbursine
the public moneys of the State rested
upon the State Treasurer, and could not
be devolved on the County Treasurers.
At the same time that the foregoing
injunction order was made, an order was
also mado for the defendants to show
cause why an injunction should not
issue against the State Treasurer, in pur-
suance Of tho prayer of the complaint.
nued by adlournments until the Goth of
July, at which time counsel were heard
in behalf of both parties.
The complaint demands that q preli-
minary injunction be issued against the
State treasurer, eDjoining and restrain.
ing him, as follows:
l. From paying out any moneys arising
from taxes assessed under the Joint reso,
luton of March 7, 1871, for any pur-
pose. other than the payments autho
rized by the general Approximation Act
of March 13, 1872, until the purposes of
that Act are fully satisfied. A similar
demand is made as affecting moneys de-
rived under the resolution of 23d De-
cember, 1870, based upon the general
appropriation Act of 1871.
p. From issuing or paying any due
bills or notes, as Treasurer, under the
Joint resolution of March II, 1872. and
from paying any pay certificates Of the
per diem and mileage of members os
General Assembly, or subordinate officers
thereot, under the following Acts, viz:
December %, 1870, December 81, 1871,
f'ebruary b, 1872, and March 4, 1872
until the specific appropriations made by
the general Appropriation Acts shall
nave been fully paid, and there shall be
found in the Treasury moneys mot
otherwise appropriated.
3. From paying any accounts drawn
upon the joint certificate of the Clerk of
the Senate and the Clerk of the House
OF Representatives, for permanent and
current printing, under the Act of Janu-
ary 70, 1871, and the joint resolution of
November 70, 1871, until the specific ap
preparations shall be satisfied.
g.. from drawing any draughts upon
the County Treasurers. or endorsing any
pay certificate of members of General
Assembly, or subordinate officers thereof.
for the purpose of having the same paid
by any County Treasurer, and from pay.
ing at the Treasury, or drawing on the
County Treasurers, for the purpose of
paying any account for current or per-
manent printing.
The plaintiffs demand for an ininnc.
ton Is placed on the ground that there
Is no authority of Inv wurranting the
treasurer in making full payments on
account of any demand, either for lecis.
lative expenses, embracing the per diem
and mileage of members of General AS
sembi >, or subordinate officers, or Incl
dental expenses thereof, or for current
or permanent printing of the General
Assembly, or for the republication Of the
statutes of this State. It also assumes
the position that Treasurer has no
authority to borrow money, on the ere.
dlt OF the State, for the purpose of paw
ing such claims for Legislative expenses:
and that the issue of notes or bills by
him for sums Of money so borrowed ia
unconstitutional and void. and, accord
lngIy, he may be restrained from either
making such issues, or pnying out of
public moneys any such notes or bills.
The frat question thnt will be consi-
dered is that affecting claims Oh account
OF Legislative expenses, exclusive Of
printing, either permanent nr cnrrent.
Under the existing law, the validity of
claims on account Of the per diem and
mileage OF members. the pay nf subordi-
nate officers, and incidental legislative
expenses, are youched and authenticated
by certificates OF the presiding ,ilce 8
OF the respective houses OF the Genel,l
Assembly. The expenses of tile Senate
are certified by the President of that
body, and OF the House of R"prcsenta-
tlves by the Speaker, while joint ex-
penses OF the two houses are certified
Jointly by such presiding officers.
Certificates of this character have been
issued to large amount, purporting to
cover expenses OF the sessions of 1870
II and 1S7l-72 A portion Of tba carti.