The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1879-10-29
The Press and Banners Law and
Facts.
ry,nL;, Dooicfo-
Columbia Register.

ones. we quote from our contemporary, 50
that Its own words shall speak for IT,. liero
the Registcr copies our article. which It Is un,
necessary to reproduce here.-EDS g b.l
Now, let the public watch how plain q tale
will utterly route our friends iacls ana our
friends law. 1t will literally amount 70 cru.
city. but let our friends admit 1t Is OF lhelr
own seeking and not ours:
IThc rlilroad was returned as personal
property, and In case 1t REUSED hSon , ,o v Paf an ny "&c.
Why do not our friends own lacGs' they
gathered from the Newberry recoras snow
that the cars, &c, Ucrc teuted on me iTfss
ond Enunc,. in this connection tells US IN the
very article in which We find thisE most extra
ordinary complalnt: ,ho
engines and cars of the GreenNilic Eng a1 10.
iunlbia Railroad in that town on the D!h uay
of November to satisfy tux executions
Does not our friends own statement snow
that his SAINT corporation, the properly Oh
! which so levied on in Ncwbcrry was hcld oS
thp court beyond levy and sale. ana Tor whlcn
the Newberry officer Was attached ana whose
petition setting forth the case WAS ordered LOT
hearing at Columbia and translcrrea ny t1e :
order Of the court to tho Attorney General :
What, then, the sense or propricty TO order Il
lew and sale on this sam corporation inc
court by it's solemn act had taken out OF the
summary tax process pr sSSeyiI L. cn could iI have VcT levied
on other property. and got the money
But, says our contemporary, the "act to ia,
ci!itatc the collection or taxes was passed
purposely to prevent the railroad and olher
purtics from repeating the Newberry troubles.
IL may not be "strctch OF the prerogatlVe OF
i his office TO disregard the PLAIN Engllsh OF
un important law like this, but we nave nev-
er.Secn an officer set Il law at defiance with
such a degree OF complaccncy; this luW, 100,
being intended for The projection OF the weak
against the strong, or, in other words. 70 maze
rich Corporations pay thcirtares as promptly as
Ue DooJcyt citizen, Without any exception in a.
Tor of railroads IN The hands Of q rcceiucr.'
Very true friends, but listen! JOB excialm-
cd: Oh, hat mine Snemy %9n,o VIII" spoyed q
our enemies this trouble Tor they have writ
ten the book out Of which and by which we
will be judged. A..
history and practical operation Of the Act
; they warmly and wisely commend, they per-
chance would have hcsitated before seeking,
in this particular Act, for grounds on which
to condemn the eminent state OFFICIAL tney
now hold up to public ccnSure. -.
What are the facts? We are indebted 10
the Press and Banner for calling attention to
the important question Ol tenucrlnS THESE
bank bills. which has been 100 littic DISCUSS,
ed. 1t is not our purpose 10 consider now the
Justice and propriety of reducing. the claims
! of ante bellum crcditors-the barlnss ior IN
stance-to 50 cents on the dollar, and permit
ting SPECTATORS in these bank blllS, who no.
toriously bought them 'fora song-ten cents or
so on the d%ollar-to pay thcm over for taxesat
/ one hundred cents in the dollar, whist SIM
Pile, honest property holders PAID money
| WORTH II nululCu cut III w cA'e' <h'N
here, If it were not improper and iinpc'rtlnent
we would ask our contemporary whether they
or either OF them rendered any OF these 0llls;
but as this Is no part OF inc legitimate arsn-
ment, we let IL pass. " ala not. Eos' l.
Wen, these bills and their tender for taxes
had been the '6etc NOR" OF the state govern
ment. They rendered II impossible TO form
any accurate estimate of the revenue which
was necessary for the conduct OF the govern
ment and threatened to swamp 1t at any mo-
ment with worthless paper, leaving me whole
machinery OF our government without a
dollar in the treasury and absolutely ut q
dead lock. Attorney General Conner framed
an Act intended TO prevent this disaster, but
the lawyers and courts In u great measure DC
feated its wise and patriotic purpose, and IL
was only by the ccaselcss, unsparing tight
kept up by the Law Department IN defense Of
the State Treasury that the State was saved
from u financial disaster which would have
prccipitatcd upon the party in charge OF the
State government the bitter reproachcs OF
outside creditors as well as those amongst our
own people who arc honest creditors In sore
distress. But, Notwithstanding the praise
worthy and noble efforts Of the Law Depart.
mcntin this regard, at the end of the fiscal
year OF lS77-7S this cloud over the treasury
had grown more angry aXd threatening than
ever. Look at the facts. IN 1851 there was
rendered for taxes in these bank bills $2,5ll !;
the patriotic sentiment accompanying. the
political revolution by which the people Of
the State recovered its control from carpet
tender OF these worthless bills by money
adopts. whilst the plain, honest people OF the
country paid good money out OF their narrow
means and hard earnings. But the next MS
cal year these holders or purchasers OF State
Bank bills tlockcd to the Treasurer with their
worthless contributions to the support OF the
government that had saved their all. ana we
find rendered $4,000! of these bills FOR state
and county taxes. 1t will be seen from these
figures that at the end Of tho year lS78-7S the
financial affairs of the State were cnd,n rap
idly TO q financial collapse. Such was the
~perilouS and deplorable condition OF things
at the opening Of the session of ISIS. Who
came to our relief? Who turned back the
tide? Who saved us from sore financial dis,
astcr? Johnson l1agood! The Press ana
Banner will be surprised 10 know that the
Act to facilitate the collection Of taxes"
which it so justly extols, is iamlliarly known
amongst the spectators in bills OF the Bank
Of the State as "Hagood's Act" "Hagood s
Act" was passed, which set a most cnectual
quietus on the tender Of bank bills, the
amount SO rendered during the current year
not exceeding slsS. I'VE accord the Comp
troller great credit for this Act. We knew
he was the author of IT., We SHOULD
be glad if he strictly observed it. Eds, T. &.
This magical Act, which required every
man TO do his duty by the State, we Know,
and here state ON our individual authority,
uay not only framed ,md,cr he direction o.
Comptroller General Ha9ood and brought 6y ht1n
10 the attention Of The Legislature. but 1t Was on
" through his tcdtch}ulness ana persohut e1cr-
ton that IL u0S Sarcd in its passage from Oeth9
killed of by tue parliamentary dcvices Of its en-
en,ieS, and was finally enrolled during the
closing hours Of the last night OF the session.
1t is this Act, this very Act the Press ana Ban.
ner commends to the study and attention OF
the Comptroller General and the hegtSteT, ana
which it accuses the high State official VINO
conceived 1t and urged md pressed us pas
sage, Of ignoring and setting aside with com
p~lacency." EXACTLY so-reason why. Eds.
p. q b. .
But our contemporary instructs the Comp
troller and the Register rs 10 the CONSTRUCTION
of this Act, which it claims precludes the Is
suing by the courts of a writ Of mandamub
to the tax officers, and also sets forth the on
ly remedy left open to the taxpayer. Inns
maybe true, and We are far from contestlng
further still from it. Yet our contemporary
has spoken before 1t knew the facts OF the
case. Nc sooner than this Act passed which
had, as it was Intended TO have. a retrospect
fiercely and bitterly attacked from many
quarters. Whilst its prospective effect was
disputed as unconstitutional. AMI, hence
without force.
those who had rendered the bills upon the
easy terms previously Of force, and VINO
were required, under tho Hagood ACT, (mrind
YOU to substitute good money for these Oils.
and bring themselves an action at law Tor re-
dress, led on by spectators in the bills, who
saw their speculations thus defeated, lost no
time in resorting to the courts in which they
had previously been successful. The very
question raised was the Act law and whether
legislation could apply the requirement set
up by the Act and restrain the controlling cr-
ders OF the courts previously had before the
passage of the Act as to bills rendered ana
already received at the County TreaSurers
tables under Il previous Act, as construed by
the decision OF the courts, and as such amount
ing to a violation OF the state, as well ms the
Federal Constitution. Thus, the Attorney
General was put TO immediate defense OF the
Act and its constitutionality.
Four times the questions made against this
Act have been 0laborately argued before the
courts. Judge Hudson, sitting In Charleston,
decided against the ACT, Judge Presley, IT we
mistake not, in Columbia decided In It's
favor. Two Of the cases have been before the
supreme Court OF the State. and In both the
State has succeeded. These are now upon
writ OF error before the supreme Court OF the
United States, but In that court the constitu.
tionality OF the Act is sustained by It's recent
decision in the case OF Snecd VS.. State OF Ten.
nessee. With these facts before our contem-
porary, with what show OF Justice 10 the AT
torncy General does it. say that this matter
has been "Diseon-huled? ?" Is it not remark
able diligence to have carried through Il large
question like this before the expiration OF n
year TO u final decision in our own Supreme
Court? And at the very time our contempt
rary made its thrust OF "pigcon-holing," the
Acknowledgement was In attendance on Inc
Supreme Court at Washington for the pur-
pose of having these cases advanced on the
docket. I'VE make the amend for this error.
Eds. =. e. B. Is IL not plain that II the
Comptroller had moved, despite this question
being before the courts. he would have been
met by IN Injunction Of both courts, State
and Federal; and had he refused TO obey would
have been held in contempt OF court? We