The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-02-06
THE STATE DEEP MUDDLE.
Changing the Rattle Ground 60 tLo State
Supreme Court.
CoLUMBIA, Monday Might. Jan. 27.

COLUMBIA, Monday Night, Jan. q.
This was the day fixed for the hearing,
| by the Supreme Court, of the petition ol
Thomas p. Branch for O mdndamus to
compel the State Treaenrer to pay out the
interest money in his hands on account
of the January interest on the recognized
Consolidation debt.
In this case Messrs. Lord and Brawley,
representing certain holders of bonds In
Schedule 6 Of the report of tho Bond
Commission, who had obtained an in
junction from the United States Court
restraining the Treasurer from paying
interest on the recognized bonds Of the
State, desired to be heard for the purpose
of arguing that the act of December 2&,
1873, was unconstitutional, in this, that
it proposed to divert funds in the trels-
ury from the purposes for which it was
claimed that such funds had been already
appropriated, and by the force of contract
wero to be kept for that purpose.
The counsel for the holders of the re-
cognized debt, the Hon. A. G. Magrath,
contended in his reply to the answer OF
the State Treasurer, setting forth the re-
straining order Of the United States
Court, that the holders of the unrecog-
nized debt in Schedule 6, in their bill,
claim right to the moneys derived from
taxes, disregarding the conditions and
provisions which attach to the same in
tho hands of the Treasurer of the State !;
disregayding all the measures, judicial
and otherwise, adopted by the State for
the proper investigation of its alleged in
debtedness; disregarding all the proceed
ings already had and taken in the Courts
of the State to determine the question of
the liability of the Stats for the bonds of
these complainants, aud seek to obtain o
judgment upon the questions now before
the Courts of the State, to which Courts
the State has submitted the question of
its liability, with its pledge made in the
as the validity of those bonds shall have
made for the payment of the interest
upon all bonds which may be decided to
be legal, honest and valid, to which bill
and other proceedings in the Courts of
the United States the State is not o party.
and cannot thereto be made party.
In the Supreme Court to-day the Chief
Justice and Associate Justices, seyerally
speaking, said they were not willing to
allow the issue to be discussed while pro-
ceedings to that end were now pending
i'll another jurisdiction. The Judges
would not undertake to suggest how the
difficulty could be obyiated, but stated to
the counsel on both sides that, if any
mode could be agreed upon by which it
could be removed, the Court would be
willing &c entteerrttsa;.. the questions, consti-
tutional and otherwise, involved in the
case before it.
understand tnut the holders OF the
uurecopuiZed bonds have dismissed pro-
ceedings in the United States Court and
viii move tomorrow before the Supreme
Court of the State (where proceedings Of
the recognized bondhoiders are now
pending to compel the Treasurer to pay
the interest on the recognized bonds as
provided in thc act of December "a,
1879 for an order requiring the Treas
nrer to retain the funds until the final
determination OF the validity of said
bonds In this way all conflict of juris-
diction will be avoided and the question
will be determined at an early day
Cor. Ne,ps and Courier.