The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1873-01-06
THE BLUE RIDGE FIGHT.
THE POINTS OF THE COMPTROLLER
GENERALS P POSIIION.
The Struggle for tho Judgeship OF the
Eighth Circuit-General MCGOWAN a
Favorite Among Both Parties-A Pair
of Railroad Mishaps.

Tomorrow is the day fixed by the Supreme
Court for hearing return to the rule requiring
the comptroller-geneIal to show cause why
mandamus should not be Issued to compel
him to levy tax OF three mills to provide
! for the Blue Ridge scrip, as required by the
act OF March I'd, 1872.
Comptroller Hoge's counsel, 8. W. Melton
and c. G. Memminger, have prepared the re-
turn, the principal points Of which are as
follows:
First. That by the provisions of the act OF
March the I'd, no portion of the said scrip is
required to be retired before the expiration of
twelve months from it's date; that before the
expiration of that time no suit can be had In
behalf OF any private Individual, under said
act, and that, II any wrong has been done,
such wrong is public wrong and can
only be remedied at the suit of the Governor,
Acknowledgement, or some other executive
officer of the State.
Second. Because no demand has been made
by the petitioners on the respondent to levy
such tax.
Third. Because the Legislature was Induced
to pass the act of March, 1872, by false repre-
sentations made by the Blue Ridge Railroad
Company, that the State had become liable to
pay the bonds of the said company.
Fourth. Because the act OF March, 1872, Is
unconstitutional and void, because repugnant
to Article 9, Sections 10 and IA, aud Article l,
Section IL, of the Constitution OF the State of
South Carolina.
Fifth. Because the said act Is unconstitu-
tional, because repugnant to Article l, Section
10, of the Constitution CT the United States.
Sixth. Because the said act evlnces in it's
various provisions design to effect what Is
fdeclared to be unconstitutional by the State
and Federal Constitutions, and it therefore
does not impose upon the respondent any duty
which can be enforced BY the courts, either
by mandamus or otherwise.
Seventh. Because the respondent has sworn
to support the Constitutions OF the State and
United States.
Eighth. Because an annual tax act has been
passed by the Legislature, and no further levy
can be made until the lapse of the fiscal year.
Ninth. Because the said act has been de-
clared unconstitutional In the courts of this
State, and the scrip has been declared illegal.
Tenth. Because should the act be declared
constitutional 1t will become financial
question at what time to levy and collect the
tax, the solution of which belongs to the ex-
ecutive department OF the government.
The appeal to the Supreme Court In the
case OF the Injunction against the Blue Ridge
scrip Is also set for tomorrow. 1t is probable.
that the latter will be taken up for argument,
and the mandamus case postponed for few
days.
A few members of the:General Assembly are
In town, and among them Senator Hollins-
head, Of Abbevllle, and Representative James
F. Greene, of Charleston. The chief legsla-
tive topic OF interest Is lhe election of judge
for the Eighth Circuit The members who are
here, all Of whom are Republicans, are earn
estly in favor Of MCGOWAN, and the probablli-
ties new seem to be that he will be elected by
Sandstone majority. The Conservatives WILL
necessarily support him, because he is unex-
ceptionable as good man, and SQUAD law
yer. The Republicans seem to have taken
eaim up because he Is a Liberal man, and the
best suited for the place. General MCGOWAN
would probably be entirely acceptable to both
sides, and, Tor that reason, has greater
strength than any other man.
There was serious ruR-of on the Green.
VILE and Columbia Railroad yesterday. The
freight train was thrown athwart the track,
short distance below Frog Level, aud the pas
senger train was delayed 80 that 1t did not
reach Columbia until two o'clock last night.
There was also mishap upon the Charlotte
and Augusta road last night. A freight train
loaded with cotton was found on fire near
Leesville. and the whole cargo was toppled
over into pond near BY, and the fire thus
extinguIshed. QUI YfVE.