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

CalolADa, the terms OF which contract
were CLEARLY defined and specified; that
ii by any subsequent Act. as is alleged in
said second cause, the General Assembly
have attempted to vary or add to the
terms and obligations Of that contract.
without :hc consent of the holders 3.
owners Of the said bonds, such Ac. ia W.
constitutional and void because it i'm
pairs the obligations of that contract and
Is srepugnant therein to the Constitution
OF The Uuited States and also to
the CONSTIPATION OF the State of South
Carolina; that the REALTORS cannot
be required, therefore, to register their
bonds as condition precedent TO the
payment OF interest thereon, but, on
the contrary, whether they shall register
said bonds or not, is wholly i'm material
aa respects their rights under the terms
OF the contract as originally made and
now existing between said rclators and
the State.
THIRD. The rolators. replying to the
third cause set forth by the respondent,
say:
l. That they are not informed whether
the statement mado by the respondent,
that the bonds referred to in the petition
herein were not hypothecated and sold
in conformity with. the requirements of
law, is true in fact or not; but they SAY.
that such statement is wholly snfticient. :.
by reason of its yagueness and uncer.
tainty, as the respondent has entirely
omitted to.atlege or indicate wherein the
hypothecatio or sale OF tile said bonds
did not conform to the requirements OF
| the Act; and these REALTORS further say,
that it is immaterial in law whether such
statement is true or not, for the reason,
TINT by the Act Of the Ecnersl Assem-
bly,, approved. March Is, 1872, referred
to in paragraph two OF the petition
| herein, the said bonds, together with
certain other bonds therein set forth, are
declared to have been duly and lawfully
issued in conformity with the true in
tent and meaning of the Act OF Febru-
ary II. 1869, entitled can Act4o author
ize loan for the relief of the Tres.
sury," and, as further declared, "eaoh
and sll" OF them s'to be legal and valid
ponds OF the State Of South Carolina
that II the allegation of want of con.
iormlty 10 the Act OF February II, 1869,
De true, the said Act OF March 13, 1872
IS an express Legislative waiver OF such
want Of conformity, and m express
sanction OF the acts of the officers who
were charged with the issue, hypotbaca.
| ton and sale OF said bonds; that the T,e.
glHlature had the power to 30 waive apy
lrregularlty in the manner of issue. sale
or hypothecatlon Of said bonds. and.
having exercised that power, the alleged
lrreguIarity is thenceiorth cured. con.
doned and forgiven.
2. That the allegation OF the respond.
ent, upon information merely, that a
large portion Of tho said bonds have
been returned to the State Treasury and
again re-issued, without warrant Of law.
ls wholly insufficient in law to iustify
the refusal of the respondent to perform
the duty herein demanded OF him. be.
cause, as the relators have hereinbcfore
eyerred. the registry of the bonds OF tie
Stato IN the Office of the State Treasurer
Is accessible to the respondent; aud if
bonds OF any GLASS have been redeemed,
the fact will appear. upon an inspection
Q! the said registry; and il the said re-
gis!fy snail show that tho bonds upon
which these REALTORS now demand the
payment OF interest were issued without
warrant OF law, the respondent might
then set up such fact as cause whv fhe
relief herein prayed should not be
granted. But until such fact appear, the
allegation upon mere information that
certain OF the bonds issued under the
said Act OF February II, 1869, we're is-
sued without warrant Of law, is witt cut
value or cause why interest should rot te
paid upon all bonds which do not an.
pear, by evidence adduccd, to have been
unlawfuily issued.
FOURTH The REALTORS. replying to the
fourth cause act forth by the respond
ent. say:
!. That the said Act OF February II.
1869, is valid and constitutional law.
notwithstanding anything contained in
the said fourth cause named; and the
bonds isSGed hereunder constitute valid
obligations Of the State; that the said
ACT was passed by vote OF thirds
OF the members of the General Assembly.
2. That said Act coutains a section
levJing Tux annually. Sufficient to pdy
the interest on the bonds therein author.
lied.
FIFTH. The relntors, replying TO the
fifth cause set forth by the respo 1dent,
say:
That there is no established practice
IN n,GnQamuS in this Slate by which: the
writ will not DO allowed until after indo-
ment obtained; but. on the contrary.
tho writ will bo allowed Whenever the re.
10 hop r;.,l,