The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1873-01-07
THE BLUE RIDGE CASE.
TIE FULL TEXT OF THE COMPTROL-
LER-GENERAL'S RETURN.
The Argument to be Heard To-day
Tho New Republican Paper In Co
lumbia.

case was called up. Attorney-General Melton
read the following return:
Site OF SOUTH CARoLINA-IN THE SUPREME
COURT.
The State of Sonth Carolina ex rel. Robert G.
Shlver, j. P. Southern, W. G. Swattield and
(. W. B. Gulick, against Solomon L. Hoge,
' comptroller-general ofsaid Slate-Return to
rule.
To the Honorable Supreme Court of said State:
Solomon L. Hoge, mptroller-general OF
the sald State, upon whom has been served q
rule Issued by this Honorable Court, ordering
him to show cause before the said court why a
writ OF mandsmus should not issue command
ing him to give notice to the several county
auditors Of the said State Of the rate per
eentum OF three mills on the dollar on the as
sessed value of all the taxable property of the
State tor the redemption OF the treasury Ger.
iiicates, (styled revenue bond scrp) alleged
to be now owned and held by the petitioners,
and 10 levy and cause to be levied the said lax
as provided for In and by the fourth section
of the act recited In the said petition, anu lhat
such other order may be had In the premises
as Justice may require, TO the end that the said
tax where levied and collected may be applied
to the redemption Of the said treasury certi-
fcates, (styled revenue bond scrlp) alleged
to be now owned and held by the petitioners,
for return and answer to the said rule, ana
Tor cause why a writ OF mandamus should not
Issue as suggested, sets fortn ana SHOWS as
follows:
First. Because by the provisions OF the act
of March 2, 1872, no portion OF satd certlh-
Gates are required to be retired until alter The
expiratlon of twelve months from their dale;
that before the expiration OF that Tune no
suit can be had in bshalf of any private tndi-
vidual under the said act, and that II any
wrong has been done or any breach OF duty
required By the said act, such wrong or
breach Is g public wrong, and can only De
remedied at the suit of the Governor or attor-
ney-yeneral, or some other officer OF the ex-
ecutive department.
Second. Because no demand has ever been
made upon the comptroller-general 10 give
notice to the county auditors Of each county
. of the annual tax OF three mills on the dol
lar on the assessed value Of all taxable prop
erty In the State for the redemption oil the
said treasury certificates (styled revenue
bond scrlp) held by the petitioners, TO levy
and collect and cause 10 be levied ana cot
lected the said taxes provided tor oy ine
fourth section Of the act OF the General AS
sembly, passed I'd March, 1872, and reciled In
the petition filed In this case. 4
Third. Because the General Assembly WAS
induced to enact the act OF March 2, 1917, oy
the representations Of the Blue Ridge Railroad
Company, that the conditions required oy the
act OF 18Th September, 1868, entitled an act TO
authorize additional aid TO the Blue Ridge
Railroad Company, In South Carolina, had
been compiled with, and that the State OF
South Carolina had become liable to pay the
bonds OF The said Blue Ridge Railroad Com
pauy, authorized by the said act; and this re-
epondenC AYERS, and for cause shows that tne
said representation was not true; mat tne
State was not liable to pay the said bonds OF
sny part thereof, and that the consideration
had failed, which had led the General Assem-
bly to direct the issue of the certificates men
toned in the said act of I'd March, 1872; that
the said Blue Ridge Railroad Company, and
all the persons who became holders OF the
said certificates, had notice before or OF tne
time they received the same, and this re.
snondent. as the chief fiscal officer of the
State, Is bound by hls duty to interpose until
the said defence OF the State can be had In The
proper tribunals, and to submit the same as
suficient objection TO the extraordinary rem
edy by writ OF mandamus ,-o
Fourth. Because the act cf March z, 1872,
recited 10 the petition, Is upconstitutlonai,
null and void, In that 1t Ia 1epuguant.to the
constitution OF this State, in the following
particulars: p- -
/. The constitution Cart. 9. sec. 10y ordains
that mo scrip, certificate, or other evil
dence of State, Indebtedness, shall De ls'
ned, except. for the redemption OF stock,
bonds. or other evidences OF Indebtedness
preyiously Issued, or for such debts as are ex-
pressly authorized In this constitutions" ana
Hh!s respondent AYERS, and for cause shows,
MAT none OF the certificates set forth IN the
petition were Issued for the redemption OF
stock, bonds, or other evidences OF 1ndeoted-
ness previously Issued, or for such debts as
are expressly authorized In the said constltu
tion. ,gy
3. The said Constitution of the State Of South
Carolina further ordslps (article 9, section l4,)
that .sany debt contracted by the State Shall
be 5y loan on State bonds OF amounts not less
than fifty dollars each, on interest payable
within twenty years after the hnal passage OF
the law authorizing such debt;" and thls re-
spondent AYERS, AMI for cause shows, that
none of the said several certificates set forth
in the petition have been made OF Issued In the
form CT payable In the time and manner pre-
scriped as aforesaid by the said constitution.
8. The said constitution Of the State OF
South Carolina further ordalns (article l, Sec
ton Al, J that sail powers not therein dele'
gated are reserved to the peoples" that the
ssower delegated to contract debts is express
fy limited (arlicle 8, section y to the purpose
OF defraying extraordinary expenditures; and
this respondent avers, and TOR cause SHOWS,
that none of the certificates set torth IN the
petition were made or issued for the purpose
Of detraying extraordinary expenditures, snd
were Issued without suff1c1ent autnorlty, ana
40 are null and void.
g. Because the said act Is null and VOL q, ID
that 1t is repugpant to the Constitution OF the
United States, which ordains (article l, sectlon
10Y that no State shall emit bills OF credit or
make ssanything but gold and silver coin
tender In payment OF debts"
6. Because the act OF March 2, 1872, eVlnces
Ia Its various provisions design to enecC
what is declared unconstitutional by the State
and Federal constitutions; that all It's pro-
visions are connected In subject matter, de-
pending on each other, and operating To-
pether for the same purpose, and are Illegal
and void; that more especially the provision
which makes the levy and requires the col,
lection OF the tax Of three mills. Is Intended
to give effect to this violation OF the consti.
tuition, and is therefore unconstitutional and
void; and that the said provision does not I'M
Sose upon this respondent any duty Whlcn
can be enforced by the Judgment OF any court,
either by writ OF mandamus or otherwise.
7. Because In conformity with the constltu-
tIon of the State, (artlcle !, section SD tnts
respondent has taken his oath Of office, by
which he has sworn to support, protect and
defend the Constitution of The United States
aud the Constitution of South Carolina, and
he cannot be required to levy or collect TAX
or perform any other act in furthera0ce OF
objects Inconsistent with either OF said con-
sttutions, or with respondents oath OF office.
s. Because the annual tax act for the cur
current year has already been passed oy the
Legislature, and the levy In pursuance there
OF vas actually made previous to the service
OF the rule In this case, and no further levy
and collection OF taxes for any purpose can
be made until. the lapse of the current fiscal
gear.
In the courts OF the State the said act OF
March 2, 1872, Il has been declared null and
void, and the said certificates mentioned IN