Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1873-09-04
THE ROND DECISION.


in the Morton, Bliss & Co., bond case, and
granted the mandamus requiring the Comp
er-General to levy tax to pay the in
terest on certain State bonds held by the Pc
titioners. The opinion is lengthy docu-
ment, occupying ten columns Of small type
in the Charleston Ne,us and Courier, and con-
cludes as follows:
"It is adjudged and ordered that writ of
peremptory mandamus issue under the seal of
this court, commanding the said respondent
in all respects as prayed for by the said rela:
tors in their said five several petitions and
suggestions, and that the said writ be made
returnable at the first day of the next ensuing
term of this court"
The opinion was delivered by Judge Will
lard, and concurred in by Chief Justice Mo-
".d Judge Wris sht. - -----------. ..----..-
The bonds involved in the decision, aggre-
gate the amount of $3,O99, 900, and embrace
FIVE different classes, as follows: No. 1, issued
under an act entitled can Act to authorize a
loan to redeem the obligations known as the
bills receivable of the State of South Carroll
ma" passed August %, 1868. No. 2, issued
under an act entitled can Act to authorize a
State loan to pay interest on the public debt, ,"
passed August 26, 1868. No. 8, issued under
an act entitled can Act to authorize loan
for the relief of the treasury" passed Februa-
ry 18th, 1869. No. 4, issued under an act
entitled can Act to provide for the appoint.
ment of land commissioner, and to define
his powers and duties," passed March 9th,
1869. No. 5, issued under an act entitled
"An Act to provide for the appointment Of a
land commissioner, and to define his powers
and duties, and for. other purposes" passed
March 1st, 1870.
In the petition of Morton, Bliss & Co., it
was asked that the "comptroller-general Of
South Carolina be required to give due notice,
on or before the 18th day of November, A.
D. 1878, to the county auditors, respectively,
of the said State, of the rate of percentage ne
cessary to be levied upon the taxable property
within their respective counties, in order to
insure sum sufficient to pay the interest al
ready due and in arrears of the five several
bonds set forth in the petitions of the relators,
together with the interest upon the same that
will become due on the 1st of July, 1873, and
the 1st of April and 1st Of October, in the
year 1874"
The Charleston Nesus and Courier, commen'
ting on the decision, says:
ave surrender the most of our space this
morning to the full text of the opinion Of the
Supreme Court of the State on the Morton,
Bliss & Co. bonds. The suits are upon five
bonds of 81, 900 each, being one bond Of five
several different classes. The bonds of all
these classes amount in the aggregate to S3,-
099,00O.
The opinion seems to 60 the whole length of
granting the relief demanded. Technically,
the Comptroller is only ordered to raise sum
sufficient to pay off the past due interest of
$4,000 of bonds. But the Comptroller will
be likely to regard the decision as an instruc-
ton to him to levy an amount sufficient to pay
off the interest on the whole SO ,099, 900.
The court holds not only that the Comp
troller is bound to raise the money, but that
the Constitution requires the Treasurer to pay
it out without any legislative act or authority.
This last is one of the most extraordinary
propositions of this labored document, in view
of the fact that the Constitution itself says
that no money shall be paid out of the Treas
ury "but in pursuance Of appropriations made
hv law" Was it ever heard of before, that
a Constitution made appropriations The
Constitution may direct how money may be
gathered into the Treasury, and to what spe-
ci6c purposes it shall be applied, but it is a
novel idea to us, that the money, when once
in the Treasury, should be taken out, lawfully,
in any other way than by act or resolution of
legislative authority, and in any other shape
than that technically known as "appropria-
tions."
The case just decided is the one in which
the taxpayers counsel were refused hearing.
There is another proceeding pending in court,
which challenges the whole class of bonds
known as the Conversion bonds" What will
be the result in this case, is in the Limbo OF
undiscovered things. 1t were vain thing to
prophesy."
The Union.Herald, the exponent Of the
Republican party, in the State, says:
"The question is frequently asked whether
the recent decision affects any other than the
five actual bonds Immediately before the court.
If we understand the case, the decree does not,
but the opinion does. That is, the decree only
orders the comptroller to levy tax to pay