The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-06-06
entire aggregate of the public debt, be-
cause, as to q large portion of said pub.


an annual tax to pay the interest there-
on, and as to such portion of the public
debt the respondent has no duty to per-
form until the General Assembly shall
so direct him to do; but as to the bonds
referred to in the petition herein, the
section hereinbefore referred to imposes
q duty upon the respondent which sub
sists entirely Independently Of the levy
ing of tax to pay the interest upon the
residue of the aggregate amount of the
public debt.
z. The relators, replying to the seventh
cause set forth by the respondent, say
That they are without information as to
the correctness of the allegation respect
ing the copdition OF tho public debt
made by respondents in said seventh
cause. but they say, if such allegations
are strictly true. they do not, in law or
Justice. affect the right OF the relators to
demand payment OF the interest due and
to become due upon the bonds referred
to IN the petition herein, and this court
ought not to postpone or delay the relief
now demanded by the relators, in order
to make an inquiry into the validity Of
all tho alleged public debt, bnt that. on
the contrary, when the relators establish
right to have duty performed by the
respondent in respect to their said bonds,
this court will inquire no farther as to
the general condition Of the public debt,
or as to the rights Of other holders and
owners of the bonds Of the State but
will grant to the relators all tho rights to
which they shall have Rhown themselves
to be by law entitled; and the REALTORS
repeat, that if any Of the bonds referred
to in the petition herein havo been lie.
gally re-issued. as charged in the return
OF the respondent, it is the duty OF the
respondent to aver the fact as the result
OF an examination of the records OF the
State, and that the bold charge Of ille-
gality, upon Information merely, with
out any support to verify the charge, is
not cause why he should not be ordered
by this court to perform the duty de-
manded OF him by the relatorA.
EIGHTH. The relators, replying to the
eighth cause set forth by the respond
ent. ssy:
That this court can have no interest or
concern, as O court, with the generul
condition Of the public debt, or with
any arrangements made or devised by
the General Assembly for the registra-
ton or other recording of tho different
classes Of outstanding bonds and stocks
OF the State. But they say, that if the
court shall find that the relators hold
bonds upon which the interest is due
and payable according to the express
contract constitutionnlly and lawfully
made with the holders thereof, and that,
by law, the respondent is charged with
the duty of giving notice uf the rate per
centum OF taxation necessary to raise an
amount Of money sufficient to pay such
interest on such bonds, then this court
rilf bo roOotroiroI hu 1ra ronxo~J -.
it's duty and function as court of law,
to grant it's order to compel tho respond
ent to perform the duty which he owes
in the premises to the relatora, wholly
irrespective Of any other considerations.
NINTH The REALTORS. replying to the
ninth cause set forth by the respondent,
say:
That it is truly stated in the said ninth
cause sct forth by the respondent that by
the Constitution of the State the power
to contract public debt and to provide
for tho modo and manner OF its payment
is delegated exclusively to the General
Assembly; bHt they further eay that, as
to the bonds referred to in the petition
herein, the General Assembly have fully
exercised their power in all particulars
above named; that they have authorized,
III the manner prescribed by the Consti-
tuition, the contracting of that portion OF
the public dobt represented by the bonds
referred to in the petition heroin, and
have, in addition thereto, expressly pro-
vided the mode and time Of the payment
Of the principal and interest of said
bonds; that the General Assembly, hav-
ing thus fully exercised their power in
the promises, plain, complete and
irrefragible contract arose, to the terms
and requirements Of which the State is
thenceforth at all times bound; that no
power resides in the State or General
Assembly to do otherwise than to fulfill
that contract; that it is by express statu-
tory enactment, as set forth in tho peti.
tion herein, made the duty of the re.
spondent to carry out tho provisions OF
Law enacted by the General Assembly n
respect to the giving notice, on or before
the 18th day of November in each year,
Of the rate per centum authorized by law
for the purpose Of paying the annual in
terest of said bonds, at the time when
said interest shall become due; and they
repeat again. as plain proposition OF
law applicable to the present case, that
She performance OF said ministerial duty
OF the respondent, upon his neglect or
refusal to perform the same, will be or
dered by this court. by its writ OF man