The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1880-01-21
PETITION FOR MANDAMCS.

TIE STATE OF SOUTH L THE
COURT.
To the IOnoraGte The Supreme Court Of me SMtc
Of South ca Oiinu
The petition of Leroy F. Youmans, as At
torncy General OF the State Of South caro-
lima, respectfully represents and shows 10 thls
Honorable Court ,.
l.. That on the 9th day Of December, 1878.
William ID. Simpson, Governor OF the STATE
OF South Carolina, approved and .slSncu an
act of the General Assembly of this state, en-
titled an act 10 raise supplies ana make APP
preparations for the fiscal year commencing
ist November, 1879, which act had had the
great seal of the State utllNc TO IT, AMI h;tu
been signed In the State l:ouse by !hc lreSl-
dent of the Senate and the Speaker OF TIC
House Of Representatives.
.. That it is tho duty of the Comptroller
General Of this State TO annually molly ctch
County Auditor Of the rate per ccntull ;ln-
by law to be levied for the various
State purrostS. ana 10 prepare nmu ,nr,ns
and instructions to carry into elect the pro-
visions of tho tax laws, which forms ana IN,
structions are required to be o6eycd Dy All
county, town and municipal OIiccrs.,
). Although 1t is the official duty, ,Dy Stat-
ute, OF Johnson Hagood, as Comptroller Cen
crai, TO perform the acts hcrelnDelOfe Stalcu,
for the purpose Of carrying into effect inc act
OF Assembly In paragraph !, hGrclhDeIore
mentioned, yet the said Johnson i;tgoou mas
refused and Still refuses so TO 40, unless mere
in directed by judicial authority.
H.. L iii uultSS III Stklu AIS 1ANoo"
docs perform the said duties of the Office OF
Comptroller General, the entire machinery oil
the State for raising revenue anu paying ap..
preparations will be paralyZeu, 10 inc great
and irrepuraDle uctrlllent ol the Slate VI
South Carolina.
Wherefore, and inasmuch as the State ana
your petitioner are entirely without remedy
in the premises, unless 1t be afforded ny inc
writ of malldamuS, your petitioner praSS
III Il ]pcrcmptory writ Of mandnlnuS may Is
sue out of this court against the said Johnson
Iiasod, as Comptroller General, commissioning
him forthwith TO notify each county AuulloI
Of the rate pee centum authorized by law 10
be levied for the various State purposes ny
the said act of Assembly of the State OF SCUM
Carolina. entitled AN act to raise supplies
and make appropriations ior tne hscar Sy ea5
9th December, 1879, and TO prepare ana Trans.
nit to each County Auditor the necessary
forms and instructions to carry into erect
the provisions of the said act OF Assembly,
and that such other order may be made III
the premises as justice may require.
LEROY +. YOCMANs,
Attorney General.
STATE OF SOUTH CAROLINA RIcHLAND
COUNTY
Personally appears before me, Winthrop
Williams, Notary Public, LeRoy, +. ounan
! Attorney General of South Carolina, who, on
oath, says that the foregoing petition is true
Of his own knowledge, save as to matters ana
things therein stated on ana DC
lief: and Ms to those he believes 1t TO be true.
LEROY +. IOUMASS,
Sworn to before me, January 10, lSS.
WINTHROP WILLIAMS, J.. ST.
Notary Public.
THE STATE OF SOUTH CAROLISA IN THE
COURT.
Tho State OF South Carolina or 1%clutiOne Leltoy
j.. Younans, as Attorney General, against
Johnson l~iaGood, Comptroller General o.
said State.
-. ,.,l;., ,,i f1inu thn vnrljrt nptitiOn