Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1873-06-05

there and the Ministers Of Brazil, Italy and
Greece, and the attaches of other legations, as
we'll as of the foreign Office. Mr.. j. L. Orr,
Jr., the solitary family mourDer, stood side by
side with General Pomutz, the Consul, who
wore the familiar uniform of Brigadier- Gen
eral of the American army. The scene was
indescribably sad. After the rector had fin:
ished the service, the diplomatists walked
around the coffin and dropped each upon it a
little sand. The civilians present did the
same"
The Bond Case.
ON Friday last, Comptroller Hoge made
his return in the State bond case to the peti
ton of Morton, Bliss & Co., for nandamus
in which he gives a number of reasons why
the mandamus should not be granted, and de-
clares at least seven millions of the bonds to
be fraudulent. The paper was filed by Attor.
ney- General Melton, and is considered a re-
markably well-drawn paper. The reasons as
signed why the mandamus should not be
granted are briefly as follows:
Because the authority to fix the rate Of tax
alton rests with the Legislature, the comptroll
er having only to give notice to the county
auditors of the rate fixed by the Legislature,
and the Legislature has not fixed any rate.
Because, if the respondent had the author.
ity to fix the rate of taxation to pay the inter.
est upon the debt, he could not do so, not hav.
ing the requisite data to determine the actual
amount of funds outstanding.
Because, so far as concerns the current
fiscal year, the respondent has already given
notice of the rate of levy, and has no author
ity to give second notice.
Because, as concerns the levy for the ensu
ing fiscal year, any demand upon the respond
ent, before the fifteenth of November next, is
premature and cannot be granted.
Because the court could not enforce the
payment of the money, if levy were made
there being no appropriation by the Legisla
ture, and consequently the judgment Of the
court, in favor of the petitioners, would be
void and nugatory.
Because registration Of all the bonds o.
the State has been ordered to be made by the
Legislature before any interest shall be paid
and the respondent alleges that the bonds o.
Morton, Bliss & Co., have not been registered
Because the bonds in question were not put
upon the market according to the require
ments of law.
Because large portion of the bonds have
been redeemed by conversion, and re-issuee
without warrant of law.
Because the act authorizing the issue Of
bonds for the relief of the treasury is uncon
stitutional, null and void, not having been
passed by two.thirds vote of the Legislature
and not levying tax annually to pay the in
terest as the constitution requires.
Because the debt against the State has
never been ascertained by any court, and
therefore no udgment to pay can be made.
Because the court cannot order the respond
ent to give notice of a levy for the interest
upon only part of the debt
Because there we're at least seven million
one hundred and ninety-one thousand dollars
of fraudulent bonds upon the market, and the
court should not grant the writ Of mandamus
until it is ascertained what portion Of the debt
is valid.
Because the Legislature has already provi.
ded mode, that of registration, for deter
mining the debt, and therefore the court has nc
right to interfere.
Because by the constitution the Legislature
only has power to contract public debt and
to provide for its payment, and the court if
without authority, directly or indirectly, in
the matter.
The Modoc War.
From the following late kilograms, il
would seem that the Modoc war is virtually
ended, all the warriors of that tribe, except
Captain Jack and two others, having surren
dered or been captured. The following are
the full particulars:
A dispatch from San Francisco, dated the
1st, says that on Thursday morning Genera
Davis ordered the cavalry and artillery anc
the Warm Spring Indians, under the com
mand of Gen. Greene, to proceed from Baylis
camp to Applegate's Rancho and Clear Lake
Bogus Charley, Steamboat Frank, Shack
Nasty Jim and Hooker Jim accompanied tht
expedition to Captain Jacks hiding place
The Modocs were perfectly loyal; they lee
the expedition to Captain Jacks haunt with
out the slightest protestation. Within mile
of the stronghold, Captain jackson came
across a number of Modoc pickets. He drove
them back into Captain Jacks camp, the flee
ing Modocs yelling in their native Language
as they retreated: "Run quick ; soldiers com
ing" Captain Jackson deployed skirmishers
and also deployed part Of the troops in a po
sition to cut off the Modoc retreat. Before
either party fired a shot, the Modocs cried
out: ave surrender; We no fight; we make
a peace talk" Before the Modocs ceaset
asking for peace talk the we'll known figure
of Boston Charley, the murderer of DR.. Thorn
as, came in view. He was Immediately Gov
cred by dozen rifles, but offered to surren
der and was allowed to come into camp. He
threw his rifle away and shook hands with
the Warm Spring Indians. Boston Charley
was interviewed and reported that several O.
Captain Jacks best warriors were anxious tt
leave him. Charley volunteered to act a:
commissioner for their surrender. He ther
started for the Modoc camp. Captain Has
brooks command, which should have Joined
Captain Jackson, two hours before, came uE
and met Charley going to the Modoc camp
They, being unaware of his surrender or ot
his mission to the other Modocs, captured
him and thus made him prisoner for the sec
ond time. Charley, however, was afterwards
released and sent to the Modocs, who had fled
before he reached the camp. Charley there
upon returned and reported the Modocs flight
Had Captain Hasbrock formed the expected
connection, all the Modocs would have been
killed or captured. The Modocs who escaped
actually slipped from Captain Jackson's grasp
Captain Jack retreated through narrow
cafon.
The troops and Warm Spring Indians were
ordered to follow the retreating Modocs. The
track led over Grandin ridge and through a
nar.o,u nafnn and Uas axneedinolY difficllt