The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1873-09-10

The Chester Rep porter speaks as
follows on the Bond Script Decision
Judge Willard, with all the hair
splitting of which he is capable, has
entirely failed to show any argument
o. force to sustain his, Positions. lie
says, that in tho provisions of law
above cited, tt tax is already levied
and that it is a simple ministerial
duty the. Comptroller has to do to
give notice to the County Auditors,
and .hereupon tho tax must be levied
tie does not quote single authority
to sustain this. position. Mr.. g. u.
Melton's most excellent brief, a copy
Of which we now acknowledge the re-
ceipt ..of,, had taken ililprcgnuble
ground upon tho authorities, and the
position taken by him on this point 10
unauswcraple. Among othor cases
relied on !Ic guqtcd decision Of the
Supreme Court itself made only as far
back as April last, viz In ~, Gary
vs.. Parker which is as follows:
THE Auditor is an officer Of the
State, connected with its fiscal opera,
tions. Tho taxes, ajtcr the ,atc /.
prescribed BIZ tie Legislature, arc to
be levied by him." :.
1t is not necessary after quoting
this decision Of the court itseli,to say
another word--it is convicted out oi
Fits own mouth.
| Judge Willard having THUS to his
own satisfaction got the, taz lc"iot
by the Comptroller, has in his opin
ion gone ntcp farther, aud has cor.
tainly exhibited most wonderful
boldncss. lie hss said in SO many
words, that the authority given in the
provisions of law heretofore quoted
not only gives the Camptrollar the
power to levy THO tag, but also the
Treasurer to pay It ort, without ever
an intimation OIL tho. part. cf the leg
islature of its wishes in tho premises
This decision is tho most danger
Gus one VIC have known. of since tht
|. history Of our State. commented. ],
has no foundation in law whatever
1t is q distinct invasion Of tho
sovereign rights of the. General AS
. senbly to. dispose of. tho public
inonoy. If Judge Willard can SHOW
, one single instance of an annual taa
levied and the same disbursed with
out its appearing in the General Ap
preparation Bill for tho year, ant
; This wc,say not of South Caroline
only but Of ab3 other State, or th'
United States, then we will confess
to having done tho learned Judge in
Justice. j,
: mcnsc in. length aid We1eAty il
words. lie could not have cxhibitc,
; moro zeal, had he been tho attorne,
for the bondholdcrs. This, perhaps
may be, from tho tlatursl cast of hi
, mind, which is that Of a 4chemcn
partizan. Whichever side Eo csfoua
as ho does it With heart and soul
Ilo is not man of judicial mind
has some smattcring knowledge Of thu
law--knows little OF the law or .prac
tice of this Statc-is cxcccGingl
verbose and frothy--with an abuu
dance of confidence in his own abili
ties, and learning.
This decision of tile Supreme Cour
requires a severe rebuko from th'
Legislature for the attempt TO in
: fringe upon tho high privileges giver
and given only, to the Representative
of the people. Judges of courts hav
been before to-day hurled headlon
from their seats On tho bench for
less offence. 4.
-------s y ps------
. Nod Buntline, tho sensation move,
y. list, while intoxicated on Friday last