The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-11-21

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said Niles G. Parker, the State treasurer, with
orders to certain o. the county treasurers to
nav the sums therein specified; and that the
said State treasurer has In many instances
plyen to the holders of such certificates sepa.
rate orders and checks upon the county treas.
rers for securing their payment in violation Of
the express statute law of the State, which for
bids 1t.
8. That in the action recently Instituted
in this court by Thomas J. Gibson and
Henry N. Gibson, as copartners, and William
B. Gulick as assignee, plaintiffs against: the
said Niles G. Parker 10 his proper person, and
as State treasurer of South Carolina, and ]. F.
C. DuPre as county treasurer of Abbevllle,
and the other county treasurers OF the said
State, defendants, on affidavit subscribed and
sworn to by the said N. G.. Parker, and dated
June 26, 1872, was produced and presented,
whereby it appears that up to that date and
during the last fiscal year ending Slst October,
1872, there had been paid by the State treas
urer for public printing one hundred and thir-
teen thousand three hundred and seventy.four
62-lOO dollars (sll3,34 62.l00,) and for legisla-
tive expenses the sum of four hundred and
seventy-two thousand six hundred and sixty
six 65-lOO dollars (s472, ,666 65-loo,) of which
amount thirty Thousand eight hundred dollars
ESQ, ,sOO) we're for legislative expenses at the
session of 1870 and 1871, and the residue, four
hundred and forty.one Thousand eight hundred
and sIxty-slx 65-l0O dollars ($44l 1865 65-l00)
for expenses of the General Assembly at
It's session last past, and thai d addition
thereto, he (said N. G. Parker) had paid pay
certificates of the members and subordinateS
of the General Assembly to the amount Oh
three hundred and ninety-niue thousand three
hundred and twelve " 100 dollars $685.
72-1OO), with money which he had borrowed
for that purpose. and for repayment OF which
be had issued his promlssory notes as State
treasurer under the supposed authority con-
ferred by the said joint resolution Of March L.,
1872.
9. That In his aforesaid affidavit the said
State treasurer. N. G. Parker, further states
that moneys have been paid ont by county
treasurers on warrants drawn upon the treas:
ury and endorsed by him (saId Parker) to be
so paid, but that he (sald Parker) cannot say
to what amount, or In whose favor such war
rants were drawn, as he kept no registry Of
the same, and that by the tenor of hls (said
Parker) endorsements of the same, the coun-
ty treasurers were authorized to pay such
warrants, and to return them to the treasury
as cash.
10. That the amounts which may be due
under the contracts herein above referred to,
for the permanent and current printing OF
the General Assembly. and the republication
of certain volumes Of the statutes at large,
'.are not capable of being ascertained by an
examination of the action Of the Legislature
alone, and can only be determined after as.
certaining the amount Of work performed by
the direction and with the sanction Of the
General Assembly"-that no specific sum
has been appropriated 10 pay for the
work to be performed under such contracts,
and this plaintiff Is advised "there is no legal
limit to the amount OF money that may In any
year be demanded under those contracts" !"
and 1t may we'll be doubted whether any ef-
fectual appropriation has been made, which
will authorize the payment OF any moneys
whatever out Of the public treasury under the
contracts referred to; aud this plaintiff ls fur
ther advised that the act and Joint resolution
of the General Assembly herelnabove refer
red to, which assumes to authorize the Stare
treasurer to borrow upon the credit of the
State such an amount of money as may be
sufficient for the payment Of the pay GER
tIcates of the members and subordinate Of FL
GERS of the General Assembly, In conflict with
sundry provisions of the Constitution OF this
State, aud are therefore Intellectual and void.
and that the promissory notes by the
said State treasurer for moneys borrowed un-
der the authority of such act and Joint resolu-
ton are of no validity as lawful debts or de-
mands against the said State, and may not
therefore be paid out Of the public treasury.
IL. That no special tax has been imposed or
authorized to be assessed or levied for pay.
ment of the pay certificates of the members
and subordinate officers of the General Assem-
bly,, or for payment Of any sums claimed to be
due for current and permanent printing OF the
General Assembly, for the republication ofcer-
tain volumes of the statutes at large, and 1t Is
confidently submitted that all and eIngulac
the appropriations made for payment OF such
demands, even though such appropriations
were tree from all objection, must be post
poned In payment ont Of the proceeds of the
tax directed to be levied by the joint resolu-
ton of March 18th, 1872, until each and all of
the specific appropriations made by the Gene
raj Assemblylln lts appropriation act for the
fiscal year commencing November lst, 1871,
have been first fully paid aud satisfied.
IL. That during the flsca. year last past, the
moneys In the State treasury have been almost
wholly absorbed by payment Of the pay certid'
Gates of the members and subordinate officers
of the general assembly, and accounts for pub
lie printing certified by the clerks OF the Senate
and House of Representatives, as hereinabove
mentioned, while the salaries of the judges
and the other officers of the State, and the
special appropriations for the support of the
State University, and the State institutions
tor the relief of the insane, and the punish
ment and repressIon of crime have been