The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-06-01

THE MORTON. BLrsa 4 Co.sMAhpAMps
OAsE.-The following ie. the return. of
Comptroller General ,Hoge.S in the casa
OF the State ep relatione Morton. Bliss &
90. us. the Comptroller General of South
Carolina. The hearing of The case be-.
fore the Supreme Court has been set for
the 10th instant:
FIRST. That it is not the clearly pre-
scribed ministerial duty of this respond
ent to give notice to the County Auditors
Of the ratio or per centum upon the taxa.
BILE property in their respective Counties
necessary to be levied to pay the interest
due and to become due upon the bonds
referred to in the petition, because
l. The authority to ascertain and de-
termiEe the rate Of per centum OF taxa.
t.on is delegated by the Constitution to
tho General Assembly, and not to the
CoMptroller- General or any other State
officer, whilst the duty of this respond
ent, in this regard, is solely to give no.
! tice: annually. On or before November
10, Of the rate or per centum, so by the
| General Assembly ascertained, deter.
mined and authorized.
2. Neither the rate or per centum ne
cessary to pay the interest due and to
become due upon She bonds referred 10
in the petition, nor the rates or per
centum to be levied for the various State
purposes, on or before November Is
next, hove been asoertained and author
lied by the General Assembly, and the
respondent is, therefore, without the
authority requisite to the performance of
his duty in the premises.
3. This respondent. is informed, and
so charges the fact to be, that large
number of the bonds issued in parsn
anoe OF the Act referred to in the peti.
tlon have been returned to the State
Treasury, and there redeemed by the
substitution OF other bonds OF tho State,
so that the number Of bonds yet out
standing is unknown to tuis respondent
and cannot be ascertained without in.
quiry and the exercise OF discretion,
which do not pertain to the Office or tue
duty Of this respondent And this re-
respondent submits that if the duty of
nsccrtaining and determining the rato or
Per centum, as demanded by the petit
tioners, were devolved upon him by law,
he would be without the data requisite
to its performance.
4. That the notice Of the rates per
centum authorized by law for the current
fiscal year having already been given by
this respondent, there remaius in this
respondent no authority to give notice of
any other rates for or during the current
fiscal year.
5. That if the rates or per centum for
the fiscal year to commence November l l.,
1873, were ascertained and authorized
By !aw, the petition for q n.da4dmus to
-
thereof to the CoAnty Auditors before the
18th day of November next. is premature,
and, according to established practice,
cannot be granted.
SECOND. For further cause, this re-
| spondent shows:
l. That the proceeding by muadttmus
| Is founded upon the authority OF the
court to order the final performance OF
the duty claimed; that the remedy herein
prayed for would be delusive, unless the
court has the authority to order payment
of the money when collected; that no
money can be drawn from the Treaaury
"bot in pursuance OF appropriation
made by law" that no appropriation has
been made to pay the interest, as
claimed by the petitioners; and that,
therefore. the judgment OF this court
Aot oiu "ooio 10 tuiu Auu nuBaLOTy.
2. That by the provisions Of the Act OF
the General Assembly, approved March
13, 1872, referred to in paragraph 2 of
tho petition. registration of all the
bonds and stocks which constitute the
public debt OF the State is authorized
and directed to be made; and it is in
terms declared that the State Treasurer
and the Financial Agent Of the Stats, in
the city Of New York, shall not pay in
! terest on the said bonds or stocks, until
they bave been registered eccording to
the requirements of the said Act; that
this respondent is not informed whether
the bonds referred to in the petition
have been, and he here charges that they
have not been 30 registered; and that,
therefore, until such registration be com
pleted, the judgment of this court, re-.
quiring the levy of tax to pay interest
thereon, would be vain and nugatory.
THIRD. For further cause, this re-
spondent shows that the bonds upon
which payment of interest is demanded
by the petitioners do not constitute
valid obligations of the Stnto, for the
reasons:
l. by the Act OF the General ) ssem-
bly,, approved February 49, 1869, re-
ferred to in the petition, it is expressly
provided that the hOnda tharoip aufhor