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

the members OF each branch. Of the Gen.
eral Assembly.
3, The said Aosd not lesy tag, an.
nuslly s0s 6 sufiioientto lent. pay5'he annual iRte-
/ FIFTH. For further cause. this respond.
ent shows that, according to the esta.
blished practice on .7,andamns, the writ
will not be allowed, ordering levy to
pay debt, until such debt shall first
have been ascertained by the judgment
OF court and the payment thereof re-
fused; TINT in respect Of debt due by
the State. no such judgment can be had
without the consent of the State; and
this respondent submits that this court
is, therefore, without jurisdiction by
nanddmuS to enforce the same against
the State, either directly or through it's
officers.
SIXTH For further cause, this respond.
ent shows that the bonds referred to in
the petition, if valid obligations of the
State, are part of the public debt of the
State, tho aggregate amount of which
public debt, according 10 the Treasurer's
report of October 81, 1871, referred to
in tue petition, is Sl5. 1851, 32735, upon
all OF which there is interest now past
due and unpaid; and if it be the minis.
terlal duty OF this respondent to give no.
tice TO the County Auditors of rate per
centum to be levied to pay the interest
upon the bonds referred to in the petit
tiop, this court will not order the n,a,
tidDluS to issue as prayed for, without at
the Same time requiring that the rate
per centum to be levied Shall suffice to
pay the interest upon the eutirc aggre.
gate of the public debt
SEVENTH. This respondent further
shows and charges that to the extent of
at least S7,l9l. 700, the aggregate here
inabove referred to, is not the valid debt
OF the State, and that tho bonds enume-
rated il said report, If outstanding, are to
that extent outstanding without antllori-
ty OF law; and, in view OF this condition
OF tho public debt, this court, if it have
Jurisdiction to require this respondent to
give notice OF rate per c.ntuu to be
| Levied to pay tao interest upon the pub
lie debt, should not order such writ to
issue until an investigation Shall irst be
had to ascertain what portion Of the said
aggregate Of public debt subsists as the
valid debt of the State.
EIGHTH. This respondent further
shows that, by the provisions of the Act
of March 13. 1872. referred to in said
petition, the General Assembly having
in view the condition Of the public debt,
and to the end that the true amount
theroof might be definitely ascertained,
has authorized and directed n reaistra-
ton of nll outstanding bonds and stocks
to be made by certain appointed agen.
cies, which registration, as this respond
ent is Informed and so charges, is ye,
incomplete. This respondent submits
therefore, that if the court has jurisdic
tlon. under proceedings in nantlamus,
to direct an inquiry as to the true amount
OF the valid public debt, it should moi
assume so to do, pending the registration
thus directed by the General Assembly
and now being prosecuted by its own ap
pointed agencies.
| NINTH. For further cause, this re-
spondent submits that, by the Constitu
ton of this State, tho power to contract
public debt and to provide for the mode
and manner of it's payment, is delegated
exclusively to the General Assembly
that the time at which and the mode il
which provision shall be made for it.
ayment, involve questions and consi
derations OF public policy which car
only be determined in law and of righ
by the General Assembly; that any inter
ference Herewith by the judicial depart.
ment of the Government is expressly
prohibited by the Constitution, and this
court is without authority, directly OF
indirectly, to take jurisdiction OF th,
matter.
TENTH. And this respondent respect
fully submits to this honorable court tha
the writ OF mamelan,us. ms prayed for by
the petitioners, would be, for the causes
hereinbefore shown, in direct contrayen
tion OF sound public policy, justice ani
good government.
MIR. EDITOR: write communication
which hope you will publish. On las
Wednesday. in Charleston, was arrest
ed on warrant from Trial Justice Il. l.
Crook. of Rock Hill, sent TO one Judge