The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-01-12

court may also be aided ~ zthtA sass Of
Baldwin 'rs. tho Mayor Of New York In
ise4. by the Supreme Court Of sthht
In conclusion. We come 70 the most
extraordinary argument OF oil, Viz: Thst
under the ACT Of 1872, this court msy
hold the bond scrip to be unconstitu-
tional, and yet compel the Comptroiler,
by n.andamus. to levy the tax to re. :
deem it. Under any Law, to levy q tax
to redeem that which does not exist. 4
would be an absurdity. But with one
hand TO strike :he object out Of the Act.
and with the other to enforce that which
has no meaning without the object,
seems to be more absurd. il possible.
The 4th Section OF the 1Xth Art. OF the
State Constitution, apart from general
reasoning, sets that matter at rest. i
directs that any Aot laying = tax shall
state the object OF the tax, and that il
shall contain no other object; that the
tax levied shall be applied to that object,
and to no other object. And yet 1t IL
gravely asked to trike the bond scrip
the only objeot) out of the Act OF 1879,
aud still to levy the tax. Tho preamble
! to the Act (which is no part Of the Act)
! We nave shown 20 DO false ia fset ani;
wholly unfounded in Law. This court
oapnot bs deceived by fslse recitala, In
eroduced to cover public robbery by the
forms OF law.
Other points OF the argument will be
discussed by counsel who are to follow
me. -
Considerable progress was made in the
bond scrip case before the Supreme
Court, yesterday. Attorney General
Melton and O. G.. Memminger, Esq,
representing the State. delivered able
and eloquent arguments on that side,
The former was particularly strong in his
presentation of the ground that the
Circuit Court decision was binding until
reversed. There had been no appeal
from it, and it was to-day the insupera.
bio difficulty in the way OF the relators.
Mr.. Melton's peroration, in which he re-
newed and reiterated the pledges of the
State Government in oil its depsr tments
to reform of abuses, was listened to
with much satisfaction. He spoke on
behalf of the Governor, the Comptroller,
the Treasurer, and in his own behalf as
the law officer, and in the nhns also of
the people at large, urging upon the
court that this was matter which con-
cerned the Executive Department of the
Government exclusively. Upon them
rested it's responsibility, and. unless the
} court was to assume other functions
than those which properly belong TO it.
with them should be left its manager
ment. They wonld exhaust every mnans.
J, employ every expedient, before they
. would ever recognize this scrip az q valid
| obligation of the State. s,.t.,I..
Mr.. Memminger argued that nsanda.
mus oan only issue against one who has
done wrong. It was not maintained, in
this case. that any wrong had been done.
| He quoted from authority to show that
the demand for naandamus must be sup.
ported by affidavits; and must, there
fore, have relation to particular date.
This court, he said, cannot stnltify itself
, 40 much as to order the Comptroller
General to COLLECT tax which another
court has declared illegal and void. Nor
can any taxpayer be compelled to pay q
tax which has this brand upon it. Mr..
Memminger WAS earnest and truly elo-
quent in impressing upon the court q
just sense of it's high functions, and the
necessity, as we'll as immense public ad-
, vantages. of its sustaining its we'll de-
| served character for equity, justice and
, right. The Constitution of the State, he
said, was an admirable one. and We had
| but to live according to its provisions to
have healthy political life. The peo-
pie are sovereign, and all departments of
the Government must find and show
| their delegation in the Constitution for
the powers they claim to exercise. The
, court had it's duties, but to pass on case
: which cane before it with the features
/ of the present one, WIS beyond ite
sphere. and ultra uires.
Nj. James B. Campbell will close the
, argument for the relators on Tuesday
| next.
+ BURIED An1vE.-A terrible story comes
from Savannah. A oolored man. named
, Andrew Dow. who was supposed to be
, 6rad hnt whose bo6v noptinnod uopro