The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-06-15
COURTS OF LAW
Taxing Charitable Associations.


The question as to the constitutonasity oi
the Legislature of 1868, which inhloits Inc
courts fl ON issuing writs of Injunction or pro-
hibition to stay the collection OF taxes mas
haen made and argued before Judge Granans
at The present term of the Circuit Court. IL
came up In the cases OF the State ex rela'lohe
The sonlh Carolina Society, aud The Stale eA
rplatlone "Abee Yetomm Ubne Elyon'm' VI
the Society for the Relief OF Orphans auo
Children of Indigent Parents, Vs. the County
treasurer and county auditor.
These cases had been previously argued De-
fore the Supreme Court upon a cage stateo
and agreed by counsel, but the motion was ols'
missed upon the ground that the code mao pro-
v,dpd. by section ATS, that proceedings oy
mandamus or prohibition should not be afiect-
ed by any of It's provisions until the Legsie'
ture should otherwise provide, and therefore
the proper mode of procedure was py a sus'
pestiun for prohibition, and rule 10 snow cause
with an inlimation of the constitutional rlsn'
of The court 10 issue such VIRUS. IL WAS oon'
tended on behalf OF the relator:
lst. That prohibition was well estaDlsneu
remedy in this State 10 prevent the coilectlon
of illegal or unjust taxes.
%. That section Is of article Of the con-
s,itution giving to Courts OF Common fieas
the right 10 issue prohibition and other Wrils
necessary to carry their powers Into enect'
must be construed with reference 10 Inc ID"
existing at the lime of the adoption OF the
constitution, and that the power to issue pro-
bibit;on must be measured by the practice
then existing.
The real question at issue and thus sought
to be reached Is whether the South Carolina
and the Hebrew Orphan Societies are mol
public charities, and, therefore, exempt from
taxation.
The arguments were heard upon the 4th IN
stant, and yesterday Judge Graham gave his
decision at length. It concludes by ordering
that the prayer of the reIators be granted, and
that writ of prohibillon do issue against the
said county treasurer and auditor restraining
them from collecting the taxes erroneousl!
and illegally assessed and charged against tne
said REALTORS. The question is to be taken be
lore the Supreme Court on appeal.
United States Court.
In the District Court yesterday, before Judef
Bryan, the petition of Clarissa MCMAHON ~
establish lien against L. J. Mcmahon, bank
r,nt uas referred to Registrar Clawson 10
report.
A writ of habeas corpus was applied Tor 10
the case of VIM. q. Trezevant, examined De-
fore and committed by United States Commis-
sloner Boozer, to which the sheriff maoe q
return in court. Upon hearing the whole pro
ceedings and the arguments Of counsel, the
court ordered the case to be referred back to
Commissioner Boozer to take further tesll-
mony, both for the prosecution and Defence
and report the same to the court. During Tue
investigation the defendant was admitted To
ball in the sum OF $4,000, to appear upon the
return of the new testimony by Commissioner
Boozer. Mr.. Trezevant gave the required
sure,les, and was discharged. The court then
adjourned until ten o'clock this morning.
The Court Of Common Pleas
WAS opened at ten o'clock yesterday morning
by Juoge Graham.
The issue docket was sounded, and the
cases assigned for trial In order. The trials
will begin on Monday, and eight cases will be
taken up each day until the docket Is disposed
of. The following cases are fixed for Monday,
after which printed dockeis will be prepared
lor the bar: l, McCord w. Rne1; 2, Russell
vs.. Cautwell; 8, Bank of the State vs.. Wnaley
and Tobias; 4, Campbell Vs. Home Insurance
Company; s, Cantwell vs.. Reeder; 6, Kenny
vs.. Phillips; Z, McLeish vs.. Hall; 8, Marzyck
& DueusIng vs.. Home Insurance Company.
Adjourned until ten o'clock Monday morn.
inu