The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-06-20
COLUMBIA, S. G.
Saturday Morning. June 20. 1874.

Supreme Court. On the side of the
petition. involving the claims of the
Citizens Savings Bank and the Cen
trail Bank, Phineas F. Frazee, W. E.
Rose and Felix 'Cafdarelli, amounting
to over 500. 900, were arrayed -Messrs.
Rion, @. D. Melton, Dunbar and Whip
per: on that OF the Treasurer, as re-
spondenti were the Attorney General
Melton aud Messrs. Chamberlain and
Elliott. In opening the case the At
torney-G General asserted that the claims
in question had not been passed upon
specifically, as should have been done,
to sntitle them to payment He dis
tinctly and solemnly affirmed that
officers Of the Legislature have proved
reoreant to the trusts committed TO
them, and haves allowed, and assisted
forward claims that they knew to, be-
fraudalsnts Hs desired an issue Of
factJe beada and sent 70 8 Jury, and
that these claimants should Pe required
to prodnpe aid .substant tihte their
claims, The Tteasares has 4 right and
it his duty TO scrutinise all claims that
comeibslore him. He had Idioine ditius 80 x IN in
these /. cases. snd fot tsatisfactory rea-
sons olcopld not approve them. BE
dreaded the precedent, for in; the
train OF; these, if allowed aud. paid,
will follow 4l ,the, called Legislative
expenses5n HsihRd heard Of four MEM
bers ofths Hsnetal Assembly who :haye
proposed, 10 p merchant OF this town to
furnish' each of them $500 worth of pro-
visions to stock their farms, aud 10
pay him with a pay certificate for
$4,000. leaving q margin OF 81, ,UG0.
Refusing to take the certificate him
self, the merchant came 80 far into
ehe scheme as to let bis provisions go
for money raised on the certificate. and
it is now, held against the State. ready
to come into court, if the WY is only
made for it by favorable decision on
the cases now before it. The Attor-
ney. General said that the Executive
Department OF the State Government
was in earnest In the endeavor to stem
the tide of fraud and corruption which
was pouring over the land. and begged
the aid of the Court in the efforts
they were making.
Mr.. Rion, in reply to the prelimi-
nary question thus raised, said that no
such issue; 81 fact could be made.
Thers is no Way to do it. and' hsrree Il Is
no authority, il q aoourt 70 inqpire into
the right of the Legislature to make
approximations He wished there WAS
some way by which this could be done
and check. iptesposed to The ruinous
practios.i .Phe Court decided to hear
the whole, ,oase. and you'd deal with
queshbns and Issues of fact as they
might arise. Mr. Rion then proceeded
with his argument. He showed that
the writ OF mandamus is governed by
the rules Of the common law, apd does
not allow much discretionary power;
that it is the proper mode to compel a
State Treasurer to perform q ministe.
rial duty. and that the Acts of March
8. 1874, leave no discretion with the
State Treasurer. Under them, he is
directed and required to issue the GER
tificates OF indebtedness, &c. he next
showed that ample provision had been
made to pay the claims, and asserted
that the Treasurer could not set up the
plea Of impediment, in the way of his
doing it, in the Constitution. Other
points were made, amongst them that
certificates Of indebtedness are moi
bills of credit, because they lack the
characteristics of circulating me.
dium. Mr.. Dunbar followed on the
same side. In the course of his nrgn
ment urging the payment of claims
whether supposed irregulur or other
wiso, whether doubtful or not, he en-
conntered the blade of Justice Will
lard, who said: "Xou come here uude,
the audit OF the Legislature, and re-
quire payment OF claims, whether
fraudulent or not. That they are not
fraudulent, you have not proved. ;
Mr. d. replied, holding up the form