The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-01-11

80 ~~SbS >~ooH sAn1s. s.u4Snty IbbUeM
the following order. which literally al Il,
poses Of the Injunction relative 10, the
certificates OF indebtedness, and leaves
the matter as it originally stood under
the Act of the Legislature: 50
STATE OF SOUTH CAR ,L1NA, R1oHLAsp
iCoUNTY-IN THE COMMON PLEAs-Johu
Bauskett vs. +. L. Cardozo, Treasurer
of the State OF South Carolina, and the
several Comfy Treasurers-
for lnjunction.- .-On the 7th day OF Janu.
airy instant, upon tho sworn complaint
herein, and, in the absence OF the Cir
cult Judge of the Fifth Circuit, an
ordcr was issued by me, requiring tn Q
defendants to show cause before me. =
on Monday, the 10th instant, why
a temporary Injunction should not
zoe granted, in accordance with the
prayer of the complnint, and restraining
the defendants in the meantime. The
motion was made er pdrte, and as is
usual with motions Q! this character
was granted without mature deiibera-
tion. In view Of the fact that this order
must work great hardship, In the mean.
while, to innocent holders of certificates.
who nre required to meet their obliga-
tlons, as taxpayers, before the time
fixed for tho hearing, have taken oc-
oasion to give to the case the most care.
tul and thorough consideration of which
am capable. and have reached the con-
,oiusion that the injunctio nwas improvi-
dentlJ granted. and should at once be
resclnded, upon my own motion, on the
single ground that the complaint does
not state fact sufficient to consti-
a 1f
plaintiff. No injury has occurred to the
plaintiff, because of the act oomplained
of; nor can injury be sustained By him
Of such special and peculiar character
i AS to entitle him to bring the suit in his
own name, and to make his own griev-
ance which, If it exist at all, is essen
tally public and general in its nature.
Upon this conclusion, it is unnecessary
to discuss the matter of constitutional
law presented in the complaint. It was
due to the plaintiff to notify hia coun-
sel of my purpose, and to invite him, as
we'll as the Attorney General, to discuss
tho question involved. This T have
done, and the conclusion which I have
pronounced has been reached after full
consideration of the argument present.
ed. 1t is, therefore,
! Ordered, That the order Of injunction
heretofore granted in the case ad
interin, pending the hearing set down
Tor Monday, the 10Th instant, be, and
the same is hereby, rescinded.
Let the exception hereto, entered on
the part of the plaintiff, be fled with
this order, in the Office df the Clerk of
the Circuit Court for Richland County
! T. q. COOKE.
/ COLUMBIA, S. c., January 10. 1874.
Mrs. OATES. Heri Royal Highness
the Grand Duchess, magnifioently per
sonated by this charming cantatrice, re-
ceives the loyal homage of her subjects
in the realms OF comic opera. at Irwinrs
Hall, tomorrow night, supported By
her full troupe of twenty artists. The
Grand Duchess is the most popular OF
all the opera bouffe productions. It's
plot is intensely oomical. and it is full
freighted with mirth, provoking dia.
logue and farcioal situations. The
music is also melodious and popular,
and has strong hold upon the masses,
who have heard it sung from the academy
OF music to the hall of negro minstrelay,
and played on the organ as we'll as the
banjo. Such piece as this is well
suited to develop the abilities of Mira.
Oates and her company of tunetul wan.
derers. and hence there will be no va
cant seats at Twins Hall.
aiARRIvAL OF GEN. F. E. SPINNER.
This distinguished and efficient officer,
who has beea connected with the Co.
vernment Treasury Department for
forty-two years, arrived in this city,
yesterday, in company with his daugh-
Ter end lady friend, and occupied
rooms at the Wheeler ,lHouse. The
party are on their way to Florida, as the
health of the General is somewhat i'm.
paired. Last night, he was serenaded
by the Post Band. The officers of the
garrison and number of citizens paid
their respects to Gen. s.
! MAIL LARRANGEMENTs.- The Northern
o,o.l n