The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-08-08
CariOzo's Return-IIo Says the Bonds
are Fraud u lent nd UncOnnti IL u tIUnMI.

Cartaozp'. Return-IIe Says the Bonds
are Fraudulent aud UncOnntit utionnI.
STATE OF South CAnoLINA-RICuLAND
COUNTY.
To his Honor the Honorable Samuel ".
Melton, Judge Of The Court Of Common
Pleas Of The Fifth Circuit Of said State:
An order having been served upon
this respondent, F. l.. Cardozo, Secre-
tary OF State for the suid State. to show
cause why peremptory writ Of nantta-
mus should not issue ngainst him, CON-
mandipg him without delay, rs required
by the Act of the General Assembly en-
titled IAN Act relating to the bonds Of
the State of South Carolina" to affi1
the seal of the State to certain bonds
signed by the Governor and counter
signed by the Treasurer. which have
been presented to him as Secretary Of
State to bo thus sealed, in order that
the said bonds, when perfected, may BIZ
delivered TO the petitioners, in exchange
for certain other bonds of the State by
them held, on the application of Levi
P. Morton. George Bliss, Geo. s. Bow
doin, partners, doing business in New
York city. in the State Of New York,
under the style of Morton, Bliss & Co.,
| claiming to hold certain bonds of the
State Of South Carolina:
Now comes the said T. l.. Cardozo,
Secretary OF State, in response to said
order, and for cause shows
l. That his Honor the Honorable Sd
muel w. Melton, Judge of the Court Of
Common Pleas for the Fifth Circuit, has
no power or authority, ut chambers, to
issue writ Of mGntidmus; that the Court
of Common Pleas for Richland County
only, under the provisions of Section
Is, Article 4, of the Constitution, has
power to issue writs of mdnddmuS. This
respondent, therefore, prnys to be hence
dismissed. with his reasonable costs in
this behalf, wrongfully sustained.
2. This respondent further shows. that
under tho provisions of Section Of the
Act approved March 13, 1879. entitled
IAN Act relating to the bonds of tho
State of South Carolina" this respond
ent ls not authorized or required to afIix
the seal Of the State to any bonds, ex-
cept for the conversion Of bonds or
stocks already issued pursuant to lazy.
That upon Information aud belief, this
bonds of the petitioners. for the CONVEX
sion of which bonds of tho State ure
now sought to be sealed, nre not bonds
Issued pursuant to law.
3. This respondent further shows, that
under the provisions of Section Of the
ACT approved March 13, 1872, entitls ed
''An Act relating to the bonds Of the
State of South Carolina" this respond
ent is not authorized to seal bonds for
the conversion of any bonds of the
State, 'other than those named in the
report made by the State Treasurer, US
specified in Section 3 of said Act, and
such rs had been authorized under pre-
vious laws of the State" That this re-
spOndent, upon information and belief,
says that the bonds held by the petition
ers, for which bonds of the State of
South Carolina are now sought to be
sealet for the purpose of conversion, are
not such bonds as have been authorized
under previous laws OF this State.
4. This respondent. on information
and belief, says that the pretended bonds
or the petitioners have already been once
converted into other bonds of the State,
under the provisions of an Act entitled
IAN Act to provide for the conversion of
State securities," approved March %,
1869; that this respondent has once, to
wit: on or about the 1st day of June, A.
d. 1871, sealed bonds of the State for
this purpose, and this respondent is in
formed and believes that the same we're
duly issued therefor by the Treasurer of
the State.
S. This respondent further shows that
the Act entitled IAN Act relating TO the
bonds of tho State cf South Carolina, 1"
approved March 13, 1872. and the Act
entitled IAN Act to provide for the con-
version of State securities" approved
March %, 1869, are contrary to the Con-
stitution and null aud void.
6. That the petitioners are not au-
thorized by law to maintain this action
and demand. and have this respondent
seal bonds OF the State for tho purpose
of conversion for other bonds or stocks
of the State. That under the pretended
law Of the State. to wit: the Act entitled
IAN Act to provide for the conversion of
State securities" approved March 23.
1869. the State Treasurer is authorized
only on application Of any person hold
ing coupon bonds Of the State of South
Carolina, to take up the Same and issue
in lieu thereof stock or bonds of said
State, and the said State Treasurer only
can demand and have this respondent
senl bonds for the said purpose.