The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1873-06-04


On eHNh'pcuce, good will toward mcu."
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'syndpSis Of 'tNq Return Of cumElrdllf:-
General lIoge.
Tho Statopf'septh yaro!ina, Supreme
Court. Tho State &C rel Morton,
Bliss & Co., w. S. i. HogG, Comp.
trollor.Gcneral. Petition in Mah-
F., $y!yinch L.: r1Jto, conlsttoltof.
General of the State, upon whom an
order has been served requiring him
to shew ;causo ,"phy u writ of man
damus should hot ISSUE against him
a3 prayed for in the pctition," for
cause shows: First, That it is not the
duty of Il c respondent to give notice
to the County Auditors Of the rate
]n,ccesaary 10 Sc l6Fiea to pny tho III.
forest Oh the bonds referred to in tho
petition, for the following rcaaons :
Tho authority to ascertain and de-
termiho tho rate necessary, rests in
the General Assembly, anil it is the
duty of the respondent merely to give
notice of tho rate when ascortained,
This rate has not been fixed by the
Legislature. 4 largo number of the
bonds Issued Under the act referred
to in the petition have been redeem
Cd by tho substitution of other bonds.
So that tho tnount outstanding CAN
only be ascortained by inquiry and
discretion not pertaining to tho Office
or duty of tho respondent. That the
ratio of taxation for the present year
1 having boon given already, the re-
spondent has no authority to issue
additional rates during tho current
year and that tho mandamus issued
now to compel the respondent to as
scss q. rate for the year beginning the
fret November 1878 would DO prema-
tnre.
isseonA, That tito proceedings by
mandam',s arc founded on tho ali
thority of the court TO order the final
performance of the duty claimcd Tor
otherwise the remedy prayed Tor
would bo dclusive. but no money
can be drawn from tho treasury cx
ccpt f'in porforri,ancc of appropr:u ,
tion made by law" and, therefore, ,,the
judgment of tito dourt would be vai!i
and nugatory. .:
That by act Of tho Legislature, a
registration has bocn ordered Of tho
stocks and bonds constituting tho
State debt and the State Treasurer
has boon, III terms, ordered not to pay
interest until this rcgibtration has
been made that the respond cnt
charges that such registration has not
been made, and there lore, i;btil this
has been done, the jidgmcnt OF the
court would be nugatory.
THIRD, That these bonds are not
valid obligations Of tho State TO. tho
following rcas ons : 1t was provided
that these bonds should be hypothc-
catod by certain officers, authorized
to dispose Of them 1T a given price :;
bit they were not disposed of in con.
for'fiity with tile law. That large
portion of them have been returned :,
and others substituted for them, and
thcir reissue was without warrant of
law.
.fom'h, That the above mentioned
act was Unconstitutional, null and
void, and the bonds, therefore, not
valid for tho following reasons ::
This act though creating a public
debt, was not passed by two thirds
vote Of the Ecgislaturc, and further.
moro tho oct did not levy an annual
tax to pay the interest Of the debt.
FtM, That according to tho estab-
lishcd practice in mandamus, tho writ
will not be allowed, ordering a levy
to pay a dobt, until the debt shall
hayo boon ascertained by the court,
and payment refused !: that in respect
to n debt due by tho State no iudp.
fnent oan be had without consent Of
tho State and; therefore, the court
Is without Jurisdiction by mandamus
to enforce tho same against tho State.
.Sia!h,' That those bonds, if valid
area part Of tho public dobt, which
debt is f5,S5l,s27,s5, on all OF
which, interest is unpaid and the
court would not order tho mandamus,
without REQUIRING a sufficient rate to
pay the interest on all the debt.
SersnM, that to the cxtont, at least,
OF ,%7,lol, 700, the debt above refer.
rcd to is not valid, and if tic court
mas .Jdrisliction, it should not isslto
such writ, until M invc cstigation be
nad to ascertain What portion Of tho
debt is valid
EI1hM, That n rnG;a4ra4;ao 1