The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1876-05-25
. Communicable

14th instant, addressed tow. A. Les
Icy, County Treasurer of Pickens.-
Tho publication of this letter was evi.
IDENTIFY made for the eyes of tho tax>
payers of Pickens County, for it is
fair to presume that tho Treasurer can
read writing, and If not, thea both
gentlemcn being Republicans, that o
Republican paper would have bsen
chosen as medium of communication.
Whenever my clients desire to get
thoir advice from the opposing coun-
sci, of couse, they are at liborty to do
80, but in my opinion it would be
wiser, if not satisfied with me TO ON
ploy an attorney, who has not been
retained by their opponents. pre-
sumo the equal of Captain Earle in all
good qualities Of . lawyer, except
perseverance,, can be found somewhere
in South Carolina. The communica-
tion of Captain Earle may confuse
some persons as to tho status of the
cases carried TO the Supreme Court
of the United States. About two years
ago tho Bank of Commerce obtained
the first judgment against tho County.
l had the appeal in that case dockets
cd in tho Supreme Court last Docem>
ber. Just after that case was docket
ed in the Supreme Court, two other
Judgments were obtained, one in favor
of the same Plaintiff, and the other
in favor of tho Richmond and Dan
villo Railroad, each for less than
$4,000, and took out my writs of or
ror and filed supersedeas bonds
Captain Earle mado motions to dis
miss all throe of the cases, in the first
case he failed, and tho Hon. w. w.
Boyoo, who represented me in Wash>
ingtion, writes that it will be tried
upon it's merits when reached. In
the othor two cases he succeeded, on
tho ground that tho amount in con-
troversy in each of thom was less than
$4,000. In the case first mentioned,
Captain Earle obtained his mandamus
order in December, 1874, upon pe-
tition served on II. J. Anthony, who
was at the time private citizon Of
tho County, and William Smith and
Thos. r. Prce, who wore the only
two County Commissioners of Pick
ems County at the time-upon the
proceedings under this mandamus,
the dismissal of the appeals in tho two
cases can have no effect whatever
The writ of orror in tho first case
was not takon out in time to prevent
collection until tho Supreme Court
shall have passed. upon tho question
Of tho validity of the bonds, but
think there are at least five insupera>
bic objections to tho legality of the
tax, to wit:
LIST. The two County Commission
ers served, did not constitute board
tor the transaction of business, and,
the County of Pickens was not there-
fore party to the mandamus suit.
I'd. The assessments and levy were
made by the County Auditor when
by law, they should have been made
by the County Commissioners
Sd. Tho amounts levied was exces.
sive, being s., to pay q judg-
ment of only s..
4th. The Auditor has arbitrarily
added n penalty of twenty per cont,
which he could not legally do, boing a
moroly ministerial officer.
5tb. Tho Treasurer has never ad.
vcrtscd in tho paper published at the
County scat of his County his readi-
ness to collect said tax, and given in
such advertisement, the rate per CEN
tum levicd, as required by law.
Captain Earlo says: 1.-THE holders
of these bonds have shown q disposi-
ton to deal liboraIly with Pickens
County about this mattor, and though
this spirit has received very rnde
and unmerited rebuff l am conf
don't thoy would be willing to do very
much to ameliorate the present situa-
ton, if satisfied that the good people
of Pickens County would unite in
proper effort to pay up the Judgments
obtained in reasonable install.