The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-01-07
II tI q r

6ossrt smtt;s;d g. shiysE hive ~ sostheraW q r
against So Return to Rule
Solomon L. Hoge, Comptroller. Gene + 9
raj of said State -.l :.
10 The Honorable the Supreme Court of the said ose .
solomon L. Hoge, Comptroler-General of the said
state upon whom has been served rule issned hx h;
Honorable Court ordering him to shew cause before this
said Court why Writ Of Mandanus should not issna
mandng him to give notice to the several County Auditors
OF the said State of the per centum of three mills
the dollar on the assessed value of the taxable prom
ey OF the State for the redemption of The Traaenrv
ceruncates styled revenue bond scrp alleged to be now
owned and held by the petitioners and to lew md
10 DO levied the said tax provided for in and bv the
OF the Act recited in the said petition; and
that such other order be had premises "a sce
may require to the end that the said ax when Levied;
anu coHected may be applied to the redemption of the
SAID treasury certificates, styed revenue bond scrnl
to be now owned and held by the petitioners for
return and answer to the said rule and for cause whv
"rlt OF andas should not rs Suggested sets for
and shows follows:
l. because, ny the provisions of the Act of March
1872 no portion of the said certificates are to he
retired until after the expiration twelve months from,
their date that before the expiration OF that time No +
can be had IN behalf Of any private individual under the
said Act and that if any wrong has been done or on
preach OF duty required by the said Act such wrong or
preach Is public wrong and only be remeded nt the
suit OF the Governor Attorney General or some officer
OF the Executive Department.
2. Because demand has ever been made nno, ~
Comptroller General give notice to the Comfy An+
OF each County OF the annual of three mills on the
dollar the value all taxable pronertv in tho
State for the redemption of the said Treasury
yed revenue bond scrip held by the petitioners and TO
levy and collect and to be levied and collected the
said taxes provided for the fourth section of the Act f
the General Assembly, passed I'd March 1872 and
recited in the petition fled in this case
g. Because the General Assembly induced to enact
the Act OF March 1872 by the representation of the
R1f}rnR i1rooI
qured by the Act Of 18th September 1868 entitled
Act to authorize additional aid to the Blue Ridge Rail
road Company in South Carolina" had been comniad
WITH and that the State of South Carolina had become
liable to pay the bonds of the said Blue Ridge Railroad
Company authorized by the said Act and this
avers and for shews that the said
was not true that the State not liable to pay the
SAID bonds, or part thereof and that the considera
ton had failed which had led the General Assembly to
divert the issue of the certificates mentioned in the said
ACT OF "a March, 1872 that the said Blue Ridge Railroad
Company and all the who became holders of the
said certificates had notice boore or at the time hey
received the same and this respondent ms the chief fiscal
officer OF the State, is bound by his duty ntepose until
the sad defence OF the State be made in the proper
tribunals ald to submit the same as sufficient obection
to the extraordinary remedy by Writ of Aandanaus
l. Because the Act of March g. 1872 rected in tha
petition is unconstitutional null and void in that it is re-
pugnant to the Constitution of the State
Because the said Act null and void in TINT IL ia
fepugnant to the Constitution of the United States
which ordains Article Section 10) that mo State shall
emit bills OF credit mako anything but gold and silver
coin a tender in payment of debts"
G. Because the Act Of March 2, 1872 evnces in it's
various provisions design to effect what is declared
by the State and Federal CONSTITUTIONS
that all its provisions in subject matter
depending each other md operating together for the
same purpose, and illegal and void; that more
especially the provision which makes the levy and requires
the collection Of the Tux of three mills intended to give
effect to this violation OF the Constitution s there
fore and void that the said provision
does not impose upon this respondent any duty which
can be enforced by the judgment of any court either by
Writ of Mandamus otherwise
State (Artcle H. Section 30 this respondent has taken
his oath OF Office by which he has to support pro-