The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-01-08
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Robert o. ,6hiver aud 'others against
Solonon L. Hoge, Comptroller.G Gene.
ral.of said State-Reply to Resu,.a. : 2
l. These REALTORS, replying to the first
cause set forth in the return of the re-.
spondent herein, say:
That by the fourth section of the Aot
OF March Q. 1879. it is expressly enacted,
THAT to provide for the redemption OF
said revenue bond scrip, an annual tax
OF three mills on the dollar, in addition
to all other taxes, on tue assessed value
OF all taxable property in the State, is
nereby levied, to be collected in the
same manner and at the same time as
may be provided by low for the levy and
collection OF the regular annual taxes of
the State;" that this provision of the
SAID Act imposes upon the Comptroller.
General the duty Of giving notice to the
county Auditors Of the required tax, in
the same manner and at the same time
with the other annual taxes levied by til 3
State, to wit: on or before the 10Th day
Of November in eaoh year; and that the
SAID tax must be levied and collected
prior TO the expiration OF one year from
the date OF the said scrip, in order to
enable the State Treasurer, as required
by said Act, to retire one-fourth of the
amount thereof; that upon tie neglect
or refnsel OF the Comptroller q sneral to
give said notice, any holder and owner
OF said scrip is entitled to demand the
AID OF this Court to enforce said duty.
Ihat the said neglect or refusal is
public wrong, in the sense only that it is
q neglect and violation Of duty by pub
llo officer, OF evil example to tho commu.
nifty; but that, Az a legal or pccuniary
wrong, it affecte only the rights of such
as are owners aud holders of tho said
scrip, and that they are entitled to seek
redress for their private wrongs, growing
out OF the neglec: and violation of duty
by public officer
IL. And for reply to the second cause
set forth in said return, these relators
say: That it is not required in law that
these REALTORS should have demanded
from tho respondent performance OF
his duty as public officer, to wit: The
giving notice to the County Auditors of
the said tax to redeem the said scrip; be-
cause, as public officer, lie is charged,
by law and by his oath of ofice, with the
performances of that duty, and no pri-
vate individual is required to demand of
a public officer the performance of a
duty plainly enjoined by law.
IL. And for reply to the third cause
wv AOtho AZ pdlA kCpuk GucSc felalOI6
say:
1. That in said third cause. respondent
alleges that "the General Assembly was
induced to enaot the Act of March 2,
1872, by the representation of the Blue
Ridge Railroad Company, that the con.
ditions required by the Act of 18th Sep
tember, 1868, entitled san Act to au.
thorize additional aid to the Blue Ridge
Railroad Company, in South Carolina"
had been complied with, aud that this
representation was not true. To this,
the relators reply, that they are ignorant
II any such representations were made,
but they deny. as matter of law, that it
Is oi any consequence whether such allie.
CATION be true or not. because, among
other reasons, as matter of law, the snil
condition Of the Act of September Is,
1868, had been, by subsequent Act,
anterior to the Act of March 2, 1872, re-
pealed.
z. That, in said third cause, respond
ent alleges that "the General Assembly
Was induced to enact the Act of March
2, 1872. by the representation OF the
Blue Ridge Railroad Company, that
n ** the State Of South Carolina had
become liable to pay the bonds of the
Blue Ridge Railroad Company autho-
rized by said Act" and that this repro.
sentation was not true. TO this, the re-
lators reply. that they are ignorant if
any suoh representations were mado;
but, if such representations were made,
they deny that such allegation is mate
rial to the issue here made, because the
consideration for the issue Of said rove
nue. bond scrip, fully set forth In the
Act of March 2, 1872, together with the
admitted liability of the State. is re-
cited, as follows: "Whereas the State Of
South Carolina, &C., hos endorsed o
guarantee Of the faith and credit of the
State on $4,000, 900 of bonds, issued by
the Blue Ridge Railroad Company,
which bonds are liable for the
debts OF the said railroad company; and
whereas the present condition OF the
finances OF the State, and OF said com
pany. is such as to make tue further con-
tinuance OF said bonds on tho market
ine1pedient and unadvisablc, and se-
rious injury and prejudice to the credit
OF the State; and whereas tho existence
OF said 100000 of bonds so guaran-
teed creAtes large liability on tho part
OF the State, which the Treasurer may
be required to meet at unforeseen and
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