The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-04-20
The u,us Ridge Scrip.

Supreme Court OF tue State of South Ga.
rolina, relative to tho unoonstitutionality
OF the Blue Ridge scrip:
The State, er relatione R. O. Shiver, J. p.
Southern, ". G. Swaf1cld and W. B.
Gulick, rs s. L. Hoge, Comptroller
General of said State.
Tho relators, by their petition, seek a
writ Of mandamus to compel the Comp
trolier- General Of the State to levy. and
cause to be levied. the tax for the re.
(styled ''revenne bond scrip') held by
them, as provided by. the fourth section
of the ACT OF March 2, 1872, (15 Statutes
at Large, 79,) entitled "An Act to relieve
the State of South OAolina Of all liability
for it's guarantee :of the bonds ot4<tbe
Blue Ridge Railroad Qompahys BY pro.
viding for the securing and destruction
Of the same, The four first sections are
set out in the petition As the fifth has
an Important bearing on the points made
by the return, it may be proper to insert
it here. It is in the following words:
''That il any suoh reyenne bond scrip is
received in the Treasury for the payment
of taxes, the Treasurer be, aud he is
hereby, authorized to pay out such reve-
nue. bond scrip in satisfaction Of any
claims against the Treasury. except for
interest that may be due on the public
debit
Various causes are alleged in tho re-
turn Of the respondents, of which We
propose to oonfine our consideration but
to two. These apply substantially to the
merits involved, and are regarded by the
court as objections which must preclude
the issuing of the writ. Whether it is to
be viewed as prerogativo writ. not de.
mandable of right, or, at the present day,
as an ordinary process in an action be.
tween parties. it will be refused, if it is
manifest that it must be "vain and fruit.
less" or useless" (tapping, Isl Nor
should it be granted ''if it will introduce
confusion and disorder" or "where it is
manifestly improper. bid, 16) The
cases referred to sustain the propositions
which recommend themselves TO adoption
by the common sense which is intimated
in their very expression. The Judgments
OF courts are intended to have effect by
accomplishing the purposes which are
proposed by the remedies through whioh
they are attained. If they cannot have
complete operation by not only enforcing
the act, which they command, but OF
mixing it productive Of the benefit which
they propose, they faii in the very ca
paoity or ability. which. to give valuo to
judicial ORDERS. must attach.
Theobjection OF the application is to
cause levy of the tax for the redemption
of the Treasury certificates (styled reve-
nue. bond scrip held by the petitioners,
and if the suit would be unavailing to
this end, or its execution Introduce
confusion and disorder, it should not be
granted. .~.i'
Ihe respondent, among the cluses
enumerated In his return against the mo.
ton, submits "thet under proceedings
duly had in the courts of this State, the
said ACT OF March @, 1872, has been de.
olared null and void, and the said oertifi.
Gates mentioned in the petition have
been declared illegal, and the various Of
fees OF the State. in the Treasury De-
partment thereof. have been enjoincd
from reoeisfng or issuing the same; that
such proceedings are still pending, and
it would have been, and is now. unlawful
for this respondent to take the action
prayed Tor in the petition" To which the
REALTORS reply. ''that the said proceed
lngs. therein referred to, by which the
said scrip has been declared null and
void, do not have for their object to pre-
vent the levy OF the tax demanded by
these REALTORS. and that no decision can
bo rendered in said proceedings which
will reach the subject matter. or object
which the petition herein of these re-
lators embraces."
The object of the said proceedings was
to enjoin the Stale and Comfy Treusu.
rers from receiving the said scrip for
past due taxes and for taxes thereafter to
be collected, and from paying out the
same. and the court 40 accordingly or.
dered. The judgment, which stands in
full force, end until reversed, should be
accepted as the law by which the State
and County officers connected with the
levy and collection of The taxes must be
governed. holds tho emission OF the
scrip void for it's repngnance both to tho
Constitution of the State and that of
the United States. It is attempted to
avoid the effect Of tue said judgm ent 5y
insisting that the olaim now made is for
levy Of tho tax for tho redemption of
the scrip-thus seeking entirely to ignore
SO much of the third section of the ACT
as makes "the scrip receivable in pay-
'ment of taxes and all other dues to tie
State, except special tax levied to pay
interest on the public debt" and the
whole Of tho fifth section. which author
ICES .'ihe payment of the scrip so re-