The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-06-13
S. G.
Friday Morning, June 13. 1873.
The Bond Case.

Akoouu HuS OIOheu yS5Sosu8y, III LQ6
Supreme Court. in the case OF the State
&c re!ations Morton, Bliss & 90. against
the Comptroller General. A formidable
array OF counsel appeared on both sides
Messrs. Chamberlain and Carroll repre-
senting the relators. aud the Attorney
General. aided by O. D. Melton, E>q..
appearing for the respondent. We OBJ
served also present Messrs. A; Burt, OF
Abbeville, NJ. @. Butler, Of Columbia,
and Messrs. Porter and Memminger,
from Charleston, whose status in the
case is not yet definitely fixed. Several
other lawyers and good sprinkling Of
visitors attested the interest in the case.
MT. ChamberlaiE opened By resding the
petition for n,anddmus Mr.. O. D. Mel
ton read the return. to which the reply
was read by Mr.. Chamberlain, and the
rejoihder by Mr.. Melton. Mr.. Mem
miager read g petition from certain per-
sons of Chaflestoh, Proposing to become
parties to this suit as bond holders and
Taxpayers. Mr.. Butler made like up
plication for some citizens of Columbia
as Taxpayers. This led 10 soma discus
sion, and the expression OF the view by
the Court thst the counsel could not ap-
pear. except on invitation of the Attor-
ney-General, who said that he would be
grati6ed to have them associated with
him, but oonld not take step looking
directly to it. for reasons satisfactory to
himself, which he mentioned.
Some discussion next ensued upon
what was or should be the exact subject
Of inquiry. In reply to the intimation
OF the court. that they could cnly con-
sider the bonds brought before them in
the pleadinss, the Attorney General
urged that in their return they had pre-.
5ented The question Of all the public
debt. Hedid not suppose that it was
meant to ask levy OF tax to pay the in
terest on single bond. Mr.. Carroll ex.
planned that the counsel of relators asked
that the entire tax be levied as the pub.
lie duty OF public officer, in order that
when collected, they might receive their
proportion Of the proceeds. At this
stage of the proceedings, the Attorney
General offered motion to appoint a
referee, which will probably be more
fully considered after the argument has
gone further: At present, the motion
was merely received. It provides that
he ascertain and report the number and
amount Of bonds of the State of South
Carolina which have been issued under
each Of the Acts of the General Assembly
recited in the proceedings and now out
standing. with the principal and interest
due thereon; how many OF said bonds
have been converted into stock or other
bonds, and whether the stock or bonds
80 converted are now in the Treasury
and Cancelled; whether any. and if sn,
how many OF the same have been re-
issued, aud who are the holders thereof; :;
that he further ascertain and report tie
amount OF the bonds and stock of tie
State outstanding, with the numbers
and uames of the holders thereof; dis
eliminating us fur as may be practicable
those Issued under the authority of the
various Acts OF the General Assembly.
70 these ends, the referee is author
lied, by advertisement, to call in the
holders of the said State bonds and
stocks, requiring them by certain day
to como in and make proof before him OF
their respective demands, or be excluded
from the benefit Of any proceedings in
these cases, or any one Of them, and that
each party in interest shall have the same
right Of condensation of each others
claims rs are allowed in cases Of q con-
testant claiming payment from q COM
mon fund.
The referee is further to ascertain and
report whether the bonds issued under
the several Acts referred to in the plead
ings were hypothecated or sold in nc-
cordance with the terms OF the Acts re.
spectively; and if not, in what particulars
the provisions Of the said Acts have no.
been complied with therein; and whether
correct registry Of all the bonds and
stocks issued by authority of tbeso 90.