The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-06-24
TIE BILLS OF THE BASx OF THE STATE

THE BILLS OF THY BANK OF THE STATE.
According to agreement, the Court first
took up the cnses involving the receiva-
bility OF the bills Of the Bank Of the State
in payment of taxes. The Hon. A. G..
Magrnth appeared for the bill-holders.
and Attorney General Melton represented
the State. Mr. Magrath first stated that,
as the Court was aware, these cases were
sent back by the Supreme Court to the
Circuit Court for the purpose of having
certain specific issues determined by n
jury, in relation to questions which af-
feet the receivnbility of the bills Of the
Bank of the State in payment Of taxes.
In view of these facts, lie proposed the
following order, which was consented to
on the part of the State:
State &C rel. the Union Bank rs. William
Gurney, County Treasurer. State cr
rel. Wilcox, Gibbcs & Co. rs. same.
State CT rel. a. Toomcr Porter rs. same.
State cr r". William \. Courtcnav rs
same.
Ordered, that these cases be placed OH
calendar, to be referred to jury, under
the order Of the Supreme Court.
MIR. AnSrath also proposed the follow
ing order, which was likewise consented
to:
State of South Carolina, Charleston
County-In the Common Pleas. the
State ec rel. the Union Bank Us. VIM.
Gurncy, County Treasurer.
In pursuance with the order of the
Supreme Court in the above cause it is
ordered that the following issues be sub
mitted to the jury:
l. Is the relator the bona .fidc holder
anu owner OF the bills rendered the re-
spondcnt in payment Of taxes?
2. We're the bills so rendered genuine
bills of the said bank?
3. We're the said bills issued for md
applied to the purposes for which said
bank was authorized to issue its bills?
/. Were the said bills so rendered is
sued in aid of the rebellion?
5. We're the said bills issued and re-
celved with reference to Confederate
treasury notes?
1t is further ordered that the finding
OF tho jury be made upon each of the
said issues.
These preliminary matters having been
completed, the case of the State or rel.
the Union Bank Us. William Gurncy,
County Treasurer, was first tried. Messrs.
H. ID. Alexander and John Alexander
were placed upon the stand and proved
the identity Of the bills, their ownership,
genuineness, the lawfulness of their
issue, and that they were not issued in
aid of the rebellion, but had been issued
ut prior period.
Attorney General Melton stated that
he thoroughly appreciated his position :;
that he could do nothing but to submit.
and, rs he had no alternative, he pro-
posed rather to submit gracefully than
to offer fight and be thrown. The bur
den of proof lay with the rclntors, and
he had no evidence to contradict it. He
confessed, therefore, that the other side
had him just where he hoped to hive
them one of these days. In the mean
while, he had no choice but to submit,
and not delay the Court by an opposition
which could not be sustained.
The Judge then gave his Instructions
to the jury, who, upon the evidence al-
duccd, rendered verdicts for the REALTORS
for the issues presented to them
On motion Of the Acknowledgement,
the Judge then ordered that the bills in
each case be sealed AMI placed in the
custody OF the Clerk Of the Court until
the further order Of the Court.
Upon this status the eases will now be
rctakcn to the Supreme Court for II dcci-
sion rs to the rcccivability of the bills in
the payment of taxes.
In the case of Dabncy. Morgan & Go.
rs. the President and Directors Of Ill.
Bank Of the State of South Carolina. AN
order WAS taken for the distribution of
the assets in the Bank o! the State anon.
the creditors WAC have proved their
claims.
GE"EGLTow%. =. c.. June II, 1870.
ME. EDlTnE: presuming that your nIl-
lacrons readers would like to hear from
yc ancient city of Georgetown, have de-
I