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

VOL. JX-NO. &C.
the General Assembly to perform this
computation, but simply requires the
General Assembly, in general terms, to
provide for the levying of taxes sufficient
to meet the various lawful public expen-
ditures and charges; that, on the other
hand, the fixing of the specific rate
per centum of taxation is duty which
has heretofore been performed by the
State Auditor, and is, at all times. one
Office OF tho respondent. The relators
do not deny that the Legislature might
we'll designate specific rate per centum,
if that body SO preferred; but they say
that that body, in the precent case, hay-
ing neglected to perform the work, it
was incumbent upon the respondent to
perform it, and his neglect or refusal to
90 80 renders him amenable to the order
| OF this court by its writ of n,ondan,us.
z. That the averment OF the respond
| ent, that the General Assembly has not
ascertained and authorized the rate per,
centum necessary to pay tho interest due
and to become due on the bonds referred
to in the petition Of the relators herein.
nor tho rates per centum to be levied for
the various State purposes on or before
November 18th next, is wholly INSULT
cient in law to justify the respondent in
refusing to give notice OF the rate per cent
um necessary 60 pay the interest upon tho
bonds referred to in the petition of these
relators.
3. That the respondent has, at all
times, at his Immediate service and
| olJ II e.
ior ascertalning and determining the
rate per centum necessary TO be ieviod
to pay the interest duo or to become due
upon the bonds referred to in the peti.
ton OF these REALTORS; that the Constitu-
tlon OF the State requires a correct re-
gistry to be kept of all the bonds of the
State, so as to exhibit the number and
amount thereof as issued; that if it be
true. rs alleged in said return, that any
OF the bonds issued in pursuance of the
| act referred to in the petition herein
have been returned to the State Trea-
sury, and there redeemed by the srbsti.
| sutton of other bonds of the State. that
| IaoG viii appear upon nu inspection iy
the respondent of the registry of the
bonds IN the Office of the State Trcn-
surer; and IN the discharge of the duties
devoived upon him by law, he is bound
and required to make such examination,
I'D ofder that he may ascertain tho rate
per centum which will be sufficient to
pay the interest now demanded bY theso
REALTORS; and that the excuse set up by
the respondent, that he is without the
requisite data for the performance Of the
uuty demanded, is wholly invnlid, pre-
tensive aud insufficient.
4. That if it be true in fact. as alleged
1,o{ H.
10y the respondent OF certain rates per
centum authorized by law for the cur
rent fiscal year, it is not true in law that
the respondent is, in consequence of
such notice, without authority to give
notice OF any other rates for or during
the cnrrent fiscal year; but, on the con-
trary, the REALTORS say that if, by the me-
glect or refusal OF tho respondent 70 per
form his duty, as these REALTORS alIege,
the rates per centuu to pay the interest
on the bonds referred to in the petition
herein. were not included in the notice
alleged to have been given, then it is
now and at all times the duty of the re-
spondent to give said notice, as now de-
manded of him by these REALTORS.
.. That, as appears by the petition
herein, tho REALTORS have demanded of
the respondent that he give notice 10 the
county Auditors on or before the 10Th
day OF February next, of the rate per
centum required to pay the in terest due
and in nrreur upon said bonds, together
with the interest that will become due
thereon on or before the 1st JULY, 1874.
and that the respondent has declined
and refused to give such notice, and that
by reason of such refusal to give said
| notice, the REALTORS are now entitled to
ask the aid of this court by nanounus to
compel said respondent to give said no.
tice on or before the 10th day Of Novem-
Der next.
SECOND. The rc'ators. replying 10 the
second cause set forth hy the respondent,
say:
| l. That it is not true that the order of
this court will be vain and nugatory by
reason Of anything contained in said
second cause; that if this court shall or.
der the respondent to give the notice
herein demanded by the relutors, ard
the tax arising therefrom shall be col
!ected, it will be assumed by this court,
until the contrary shall appear, that the
respective State officers will perform each
his respective duty in regard thereto;