The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-04-07
Jusr DECISION Judge Green has

tenuefeQ decision Wnfch Ia OF great
4 Importance to the Conservative press,
n aad at the came time very damaging to
4 Republican, papers, known as a'official
4 organs" Tue case was heard and de.
\ oided at Kingstree, in williamsburg
I County. The circumstances which gave
rise to the case are as follows: Capt. j.
Mrs. Wolfe, applied to the Judge oi
Probate of williamsburg County, who
is the business manager and stock
holder III whit is called the "ofticial
paper" of the County. for final dis.
charge for tho said administrative. The
Judge OF Probate told him the usual no.
tioe would have to be published in the
"of1icial paper" to which proposition
Capt. Scott declined to accede, for the
.assoI that 10 ohosu 10 consult his own
judgment as to the paper in which he
would publish the notice and pay for it,
lie consulted aud employed S. W. Muu-
rice, Esq who advised him in the mat,
ter. and who also argued the case before
Judge Greeu, who has sustained his
view of the law. It will be seen that
Judge Green, in his decision, makes u
distinction between advertising to be-
paid for by the public aud that to br
paid for by the individual. The pso-
pie, therefore, under this decision, are
at liberty to choose their own paper in
which to advertise all matters that are
to be paid for with private funds. The
following is Judge Green's decision:
Mrs. l. 7. Wolfe, after giving the no
tice required by law, in the K;ngstree
Star, made her application to the Judge
Of Probate for her final discharge as nd
minlstratrix Of the estate of g. W.
Wolfe. Her accounts were found to be
correct, but her discharge was refused,
upon tho ground that the notice had
not been gwen in the official paper of
the County, and therefore was void.
Mrs. Wolfe appealed to the Circuit
Court from that decision, and claimed
her discharge. When the matter came
before me, upon the very brief retlvc-
tioD [ could then give it, my judgment
was thnt the appeal could not be sus-
tanned. This conclusion was arrived at
maiuly upon the words of The second
section of ihe Act OF 1870. page 500 of
General Statutes, to wit: 'Aud no legal
notice. advertisement or publication re-
quired by law to be made public, shall
have any valid force or effect unless
published in tho newspaper or nowspa-
pers designated under this chapter"
These words seemed to be general
enough to cover this case. l have bad
an opportunity Of reading carefully the
whole Act, and do not now think that
it applies to this case. By tho first Sec
ton, the Attorney. General, the Comp
trol!er-G General and Secretary of State
have authority, conjointly, to designate
one or more newspapapcrs iu this State
in which all legal notices for the State
should be published. aud ulso to dcaig-
nate proper lumber Of newspapers
Tor the several Counties OF this State,
''in which all legal notices, ADVERTISE
menta or publications for the County or
Counties for which respectively ench
paper shall DO designated. of any and
every character required by law to be
made pnolic, shall be published" This
would appear to include all such notices
ns have to be given by the County US
corporation or in relation to business
connected with the corporation THIS
view is strengthened when we consider
tho means adopted in the section for
the enforcement Of the Act First, the
notices shall bn null and void Second,
such notices shall not be paid for from
the funds of the County. This provi-
sion certainly cannot apply in cases
"HeIe inc aQVeftlSS mcut Is PAID Tor by
the party who gives tho npticc The
proviso Of the Act, think, will afford
strong evidence that it was not The in
tcntion of the law-making power that
tho Act should extend to matters not
connected with the County us corpora
ton. For the above reasons, the APP
peal III this case is sustained.
DEATH from HYDEoruoEIA Charles
W. Enmons. aged ten years, died ut his
home, No. 81 Eighth avenue, yesterday
| from hydrophobin He was bitten by &,
dog, which showed no symptoms of
madness, about - month ago, and felt
M evil effects from the bit0 until las.
Saturday. when tho symptoms became
SO alarming tina. DIR. O'Ncii, ut No. 400
Hudson street, was called in. Ho mt
ONCE pronounced the disease hydropho-
ina. The lad fingered for six days, and
died with all the torture incident to that
disease. -Nem YORK. JriJuns 2,i.
| SHIPPING ~ PoEr. There was in
Charleston harbor on Saturday last,
five steamships, two ships. eighteen
barks. three briSs and twenty schoon-
ers. OF these. four steamships, two
ships, one bark, two brigs and twenty
L