The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-11-20

March l8. l872, Aereinbeiore referred
20. were lawful authority to the said
Comptroller General to levy the taxes
therein mentioned, it would not author
i1e the levying Of any tax to- meet the
interest on the public debt of the State,
because no appropriation has been made
for such object, and the said joint reso-
luton only purports to authorize the
levy OF taxes to meet appropriations for
the year commencing November l, 1871.
~. That no authority has ever been
conferred by law upon the Comptroller.
General, or any other officer or person,
to levy tax to pay interest on the pub:
lie debt. since the passage of the joint
resolution Of December 19, 1870, herein
before referred to. aud that the levy
authorized by said joint resolution .Df
December 10, 1870, has long since been
ipnde
V. That the plaintiff is informed and
beIieves that tho Comptroller General
construes the several Acts of The Gcno.
ral Assembly authorizing the issue OF
tho bonds and stocks of the State, as
well as the act OF March is. 1872, emil
tied "An Act relating TO the bonds of
the State Of South Curolina," as con
ferring upon him the authority to levy
the SAID tax for payment of interest on
tho public debt. as set forth in aud by
suil circular letter, hereinbefore re-
ferred to.
vi. That it ia true TINT the said Acts
last mentioned do provide for an nn nnual
tax to be levied to pay tho annual inte-
rest Oh the bonds aud stocks of the State
therein named; but the said Acts confer
mr. ho Ill
General, or upon any other officer, to
make any levy Of taxes for said purpose; ;
that the omission by the General Assem-
bly to charge any officer with the duty
Of levying the Tax provided for by the
several Acts authorizing the issue of
bonds aud stocks aud by the Acts of
March Ii. 1872, last referred to. cannot
be supplied by construction or inter.
lincal, and hence the Comptrollt r Gene
raj, nor any other officer, ia authorized
by law to levy any tax for the payment
of interest on the public debt.
VII. That the Comptroiler-G General ia
nowhere by law invested with any gene
raj powers, either as Comptroller. Gene
rnl or AZ Auditor Of State, Which author
ize him to levy any ta1. except such
taxes rs are specifically provided for and
named in thu several Acts aud joint reso-
iiiti0ii6 hi.Tsin5efcre sec;tea CT named.
VIII. That as to that portion of the
public debt which was incurred by the
State prior to 1868, no provision of law
anywhere exists authorizing the Comp
troller-General. or any other officer, to
levy O tax to pny interest thereon, aud
that the said levy of taxes authorized
and directed by the Comptroller Gene
raj, as before set forth, to pay interest on
the public debt. ia wholly unauthorized
by law, and illegal aud Injurious to the
citizens and taxpayers of the State.
Wherefore, the plaintiff demands judg
ment:
I. That the said joint resolution Of
March 3, 1872, hereinbefore referred to,
may be adjudgcd unconstitutional and
void. and that the said defendnnts the
County Auditors herein named. may he
restrained and cnjoined from further
proceeding to make any levy of taxes us
directed in and by the said circular let
ter Of the Comptroller. General, or under
authority of the joint resolution OF
Mnrch 13, 1872, herenbefore referred to.
II. That the said defendants, the
County Treusurers herein named, may
be restrained and enjoined from collect.
ing any taxes under the levy directed by
.ha circular letter .ot .hc Comptroller
General hereinbefore referred to, under
authority Of the said joint resolution OF
March 13. 1872, herenbefore referred to
III. And further, that the said de.
fendanta, the County Auditors herein
named, may be restrained aud enjoined
from further proceeding to mako any
levy Of taxes as directed in and by the
said circular letter of tho Comptroller.
General, hereinbefore referred to. fol
the payment of interest on the bonds o,
stocks OF the State, or any portion there
Of
Nv. That the said defendants, the
County Treasnrcrs herein named, may
be restrained and enjoined from collect.
ing any taxes under the levy directed by
the circular lotter of the Comptroller
General hereinbeiore referred to, for the
payment Of The interest on the bonds
aud stocks OF the State, or my portion
thereof. or under authority of any oi
the several Acts OF the General Assembly
authorizing the issue of said bonds OF
stocks. or under authority of tho Act OF
March 13. 1872, entitled "An Act relat.
ing 10 the bonds of the State of South
Curolina."
V. That snch other and further relief
1