The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-11-21
/" DOWN BRAKES!"

"DOWN BRAKES!"
NETHERLANDS OF THE STATE TREA-
SURFER WERE OFFICIALLY TIED.
Thteomplstnt before Judge Melton.
We have already published the order ol
Judge Melton, eDjoinlng State Treasurer Par
ker and his agents from using or disburslng
any moneys collected under the tax authorized
BY the Legislature In March last. The follow
Ing is the full text of the complaint upon
which the action of Judge Melton was based:
STATE OF SOUTH CAROLINA, RICHLAND COUNTY
IN THE COMMON PLEAS.
F. L. Cardozo, plaintiff, against Niles u
Parker as treasurer of the State of South Ca
rolina, J. F. G. DuPre as county treasurer OF
Abbeville, Daniel Brown as county treasurer
of Anderson, ]. N. league as county treasu-
rer OF Barnwell, r. &. Wilder as county trea'
surer of Beaufort, William Gurney as county
treasurer of Charleston, Daniel Hemphill as
county treasurer of Chester, Thomas N.
Broughton as county treasurer OF Clarendon,
John McCulla as county treasurer of Chester
field, James W. Grace as county treasurer OF
Colleton, James n. Brown as county treasurer
of Darlington, p. A. Eicheberger as county
treasurer Of Edgedeld, d. A. Smith as county
treasurer Of Fairfield, 8. 3. Carr as county
treasurer of Georgetown, ]. NJ. Allen as coun-
ty treasurer of Greenvllle, ]. 81. Derham as
county treasurer of Horny, Samuel Place as
county treasurer of Kershaw, John B. Cou-
sart as county treasurer of Lancaster, J. R.
Fowler as county treasurer of Lsurens, B. l..
Hayes as county treasurer of Lexington, R.
Vampill az county treasurer of Marion, 1. L..
Brecden as county treasurer Of Marlboro, D..
B. PhSier as county treasurer Of Newberry, B.
w. Bell as county treasurer OF Oconee, I. f.
Sssportas as county treasurer Of Orangeburg,
W. A. Leslie as county treasurer of Plckens,
@. H. Baldwin, as county treasurer of Rich
land, J. P. F. Camp as county treasurer OF
Spar.anburg, W. 81. Gardner as county trea-
surer Of Sumter, Thomas McNally as county
treasurer of Cnion,. Philip Heller as county
treasurer Of Williamsburg, sndJ L. Watson
as county treasurer of York, all In the said
State, and In and for the counties aforesaid:
The South Carolina Bank and Trust Company,
and J. L. Neagle, defendants.
The plaintiff, above named, complaining, as
well on his own behalf as on behalf OF all
other persons who are taxpayers and citizens
OF the State OF South Carolina, alleges:
/. That he Ia the owner of taxable property
within the said State, and is taxpayer and
citizen Of the same.
2.sThat in and by the several acts of the
General Assembly of the said State, approved,
respectively, December 81, 1871. Us Stat. ~
February S, 1872, (l5 Stat. 35) and March 4,
1a79, {15 Stat s7) certain SUMS of money,
amounting In the aggregate to three hundred
and fifty thousand dollars, were appropriated
for payment Of the per diem and mileage of
the members of the General Assembly, and
the salaries OF their subordinate oficers, and
other incidental expenses incurred at their
session, commencing November %, 1871.
s: That in and by the act first mentioned,
ofDecember 81, 1871, the sum OF one hundred
thousand dollars is also appropriated for pay
ment Of tany outstanding pay certificates for
the per diem and mileage Of the members Of
the General Assembly at Its session ending
March Z, 1871, including all certificates given
to subordinate officers for services connected
Herewith; and that in and by the act referred
to, Of March 4, 1872, the further sum of one
hundred and thirty thousand dollars was ap.
proprlated for payment Of unpaid certificates
for payment of the per diem and mileage OF
members and attaches Of the General Assem m
bly, atits regular session of 1870 aud 1871.
4. That in and by The said act of March 4,
1879, should there be q deficiency Of funds In
the State treasury for the payment of the pay
certificates OF the members of the General
Assembly, and the salaries OF its subordinate
officers and employees therein referred to,
then and In that event the State treasurer
was authorized and directed to borrow what
ever amount of money should be necessary to
pay the said certificates, and TO give hls obi-
CATION as State treasurer for. the same, and
that such obligation should be good and bind.
ing ON the State, and should be paid out OF
any money In the treasury received from
s, taxes or from other sources; aud by Joint reso-
luton otboth Houses of the General Assembly,
approved March IL, 1872, the State treasurer
was further authorized to borrow on the faith
and credit Of the State sufficient amount to
cancel the pay certificates of the members
. and subordlnates Of the General Assembly,
Issued by the clerks of both Houses, and
bearing the signatures of the president Of the
= Senate and speaker of the House of Represen-
tatlves -
5. That by the act of the General Assembly,
approved January %, 1871, the clerk of the
Senate and the clerk of the House of Repre-
sentat,ves were authorized to provide by con-
trsct for the permanent and current printing
Of the General Assembly, provided that said
contract be approved by the Senate and House
OF Representatives; and by the said act last
mentioned 1t was further enacted that the
State, treasurer be authorized and directed to
nav all accounts for said work ont Of any
moneys In the treasury not otherwise appro.
priatsd, provided the clerks OF the respective
houses should first certify that said accounts
were Just and accurate in all respects, aud
that .she said work had been performed In pur-
/; snsnce Of contract, and that the amount
!. mentioned In said accounts was due and re-
:; mainlag unpaid; that afterwards, to wit, on
the first day OF February, 1871, a contract as
nrovidod for hv,fha art last mentioned was