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

JUST DECISION Judge Green has
rendered decision which is Of great
!, Importance to the Conservative press,
aad 1.-THE same time very damaging to
Republican papers, known as .'official
organs" Tue case was heard and de.
\ oided at Kingstree, in WILLIAMSBURG
! County. The circumstances which gave
rise to the case ore Us follows: Capt. j.
E. Scott, the agent OF his daughter,
Mrs. Wolfe, applied to the Judge OF
Probate Of Williamsburg County. who
is the "business manager" and stock
holder in what is called the ::oificiai
paper" OF the County. for final dis.
charge for tho snid administratrix. The
Judge OF Probate told him the usual no
tioe would have to be published in tho
'ofiicial paper" to which proposition
Capt Scott declined to accede, for the
reason that he ohoae to 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. Mnu-
rice, Esq who advised him in the mat.
ter. and who also argued the case before
Judge Greeu; who hus sustained his
view of the law. 1t will be seen that
Judge Green, in his decision, makes u
| distinction between advertising to bo
paid for by the public aud that to be
paid for by the individual. The peo-
| pie, therefore, under this decision, ure
ut 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. T. I. Wolfe, after giving tho no
tice required by law, in tho K;ngstree
StW, mado her application to the Judge
OF Probate for her final discharge as nd-
mlnistratrix 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 rchuc-
ton could then give it, my judgment
was thut the appeal could not be sus-
tained. This conclusion was arrived at
mainly npon the words of the second
section of the 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 ncwspa-
pers designated under this chapter"
These words seemed to he general
enough to cover this case. I have bad
an opportunity of reading carefully the
whole Act, and do not now think that
it applies to this case. By the first sec-
tiou, the Attorney General, the Comp.
trol!er Genera! and Secretary of State
have authority, conjointly, to designate
one or more newspapapcrs in this State
in which all legal notices for the State
should be published. aud also to de.ig-
nate proper number Of newspapers
for the several Counties OF this State,
''ln which all legal notices, advertise
ments or publications for the County or
Counties for which respectively each
paper shall bo designated. OF any and
every character required by law to be
made puollc, shall be published" This
would appear to include all such notices
MS have to be given by the County as u
corporation or in relation to business
connected with the corporation. This
view is strengthened when we consider
the means adopted in the section fur
the enforcement Of the Act First, the
notices shall be null aud void. Second,
such notices shall not be paid for from
tho funds of the County. This provi-
SION certainly cannot apply in cases
where the advertisement is paid for by
the party who gives tho notice The
proyiso OF the Act, think, will afford
strong evidence that it was not the in
tention of the law making power that
tho Act should extend to matters not
connected with the County rs corpora
! ton. For the above reasons, the APP
pral Iii this case is sustained
DEATH FROM HYDEorIIoEIA Charles
W. Enmons, aged ten years, died ut his
home, No. 81 Eighth avenue, yesterday,
from hydrophobin. Hc was bitten by !,
dog, which showed no symptoms Of
madness, about y month ago. and FELT
m evil effects from the bit0unti last
Saturday, when tho symptoms became
so alarming tina. DR.. O'Ncil. nf No. IGJ
Hudson street, waa called in. Ho Mt
ONCE pronounced the disease hydropho-
,ia. The lad fingered for six days. and
died with nli the torture incident to that
disease. .-Ner YORK. IriLune, 2i.
SHIPPING IN PoEr. There was in
Charleston harbor on Saturday last,
five steamships, two ships. eighteen
barks. three brigs and twenty schoon.
ers. OF these, four steamships, two
ships, one bark, two brigs and twenty