The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-01-09
much as the Act assuming to authorize

much as the Act assuming to authorize
their issue is in gross violation both of
the United States Constitution and of
The Constitution OF this State, and the
Act authorizing their receipt for taxa.
tion OF tho rights OF the plaintiff and
other creditors OF the State, insomuch
as it will prevent the receipt by the
Treasurer of the necessary amount of
legal funds wherewith to pay Just de-
mands OF the plaintiff and such other
creditors.
8th. That said Act authorizing their
issue IS III violation of Section 10, Arti-
Gle l, United States Constitution, inso-
much as they are bills OF credit in the
highest sense Of the term.
9th. That said Act of Assembly, ap-
proved November 19. 1873. is in direct
violation of the State Constitution, iuso-
much as it is in direct conflict and disre
gard of Section z, Article TX, of the
Constitution of South Carolina; and
also IN that it is also in conflict with
Section 10 of said Article TX of said
Constitution; and also that it is in direct
conhict with Section II OF said Article
TX OF said Constitution.
10th. That said Act authorizing the
issue OF said certificates of indebtedness
plalntlif, both as such plaintiff and as
citizen, insomuch as it provides nav.
ment of some unknown and uncertain
rate Of interest upon demand unliuui.
dated, and regarded by oil persons ma
extremely questionable, and is in viola.
tion of Section II, Article TX, of said
Constitution of the State OF South Caro-.
linn, which forbids the payment of iute-
rest only on common honda
Therefore, plaintiff demands judg.
ment as follows:
1st. That said F. L. Cardozo, as
Treasurer of the State OF South Carolina.
may be- epjoined from any further issue
OF said certificates of indebtedness, and
from receiving any of the said certifi-
Gates of indebtedness from any Of the
said County Treasurers.
I'd. That the said defendants, the
several County Treasurers OF the re-
spectlve Counties, may be enjoincd from
receiving IN payment OF taxes due any
Of said certificates of indebtedness.
And that he may have such other re-
lief as the nature Of his case may re-
quire.
MONTEITH " BAUSKETT,
Plaintiffs Attorneys.
The STATE OF SoUTu CAROLINA,
COUNTY OF RIcHLAND.-J Bauskett,
plaintiff above named, being duly
sworn, saith on oath that the facts stated
in the foregoing complaint are true, to
his knowledge. except US to those mat
ters stated on information and belief.
nnd as to those matters he believes it
true. JOHN BAUSKETT.
Sworn 70 before me, January 7, 1874.
JOHN Il. SLOAN, JR.,
Notary Public.
The STATE OF SoUrH CAROLINA, CouH-
TY OF HIGHLAND j ohm Bauskett, plain
tiff, against +. l.. Cardozo, as Trea-
surer of the State Of South Carolina,
and others. the several County Trea-
surers Of the respective Counties in said
State.
Walter S. Monteth, being duly sworn,
says he Is one of the attorneys for said
plaintiff. and that he has made due and
diligent inquiry to ascertain the where.
abouts of Hon. II. =. Carpenter, Judge
OF the Fifth Circuit, in which said
County of Richland is, and that he can
not be found within said Circuit.
". 8. MONTEITH.
Sworn to before me January 7, 1874.
JOHN T. SLOAN, JR.,
Notary Public.
| The STATE OF South CAROLINA, CoUN-
TY OF KICHLAND.-Person came
John Bauskett, who. being first duly
sworn, saith, on oath. that he has seen
the certificates OF Indebtedness issued
by the Treasurer of the State of South
Carolina, one of which he attaches
hereto: that they are of various denomi-
nntions, and are in circulation in tho
form of engraved notes, Of the dcnomi-
nations Of one dollar, two dollars, five
dollars, ten dollars twenty dollars and
fifty dollars. and that the County Trea-
surer Of Kichland County declares it to
be his purpose to receive them for taxa
ton. JOHN BAUSKETT.
Sworn to aud subscribed before me
January I. 1874.
JOHN L. SLOAN, JR..
Notary, Rnlalin