The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1880-01-21
this court, forthwith, why the writ Of manda.
mus should not issue against him rs prayed
for in said pctitlOn.
Al. WILLARD, c.. Us c.

, RETURN.
>, The State of South Carolina or Tctnfione LcRo,
j. IOumanS, us Attorney General, aSaihs
johnson Ilagoud, Comptroller General q
said State.
!, Johnson IIagood, Comptroller General o
said State, upon whom an order Oh lilS non
orablc court has been served, requiring nl,
: to show Gauss why Il writ OF mandamu'
, should not issue, as prayed for BY the prtllioi
herein for cause shows: That he admits tina
he has refused and still refuses TO proceed. as
comptroller General, under me Hlicecu act %
| the General Assembly, entitled AN act to
raise supplies and make appropriations lol
the fiscal year commencing. hrSt November,
1873" ratified and approved 9th December
1879, rs stated IN said petition, for the follow
ing reasons:
.. That the alleged act, rs ratified and ap.
proved, purports TO levy IL tax OF lour ana
~lhrcc-uuartcr mills In the first section there
OF, and purpurtS to authorize the County COM
I%nissioncrs of Charleston County to levy "a tax
sufficient to raise the sum OF S3,0cu Tor inc
Charleston military, In The second scctioh
thereof; Whereas the actt as IL passed. the
Senate and House of Representatives,, pur-
ported to levy Il tax OF only four and Il hall
mills In the first section thereof, anu did not
contain any provision Whatever, authorizing
thelcvy Of amy tax for the Charleston mill
tarS.
That the said act, when sent, after It's pass
age in The House TO the Senate, purportcu 10
authorize Il levy of II tax of four ana Il nitll
mills in the first section ~t:lereol, anu thc
SeIlitlt tIlttluCN lllC HblN SCSiloll "
out the words ~ half" and inserting IN lieu
thereof 'thr~ce.quartcrS," IN which amend
mcnt the House refused to concur, ana Inc
Senate recedcd thercfroln.
That the Senate amended the second Sccllon
thereof by inserting therein the following
provision: That the County Commissioners
of Charleston County be, and arc hereby, nti,
tllorizcd and required TO levy II tax from all
the taxable property Of said county sufficient
to raise the sum of three thousand dollars,
which lax shall be paid at the same I'm WIN
other taxes. The proceeds arising thereirolh
shall be held by the Treasurer OF said county
subject to the draft of the Major General COM
mandinSsthc First Division, and shall by MN
be aprortioned rs follows: The onc'tentll
thereof for the use of the militia in said cuun-
ty without the city of Chnrlcston; another
tenth thereof to the use of the First Regiment
Of the National Guard, and the remaining
ciglt-tcnthS to be equally divided amongst
rllc companies COMPOSING the Fourth brigade
by companies
In Which amendment the louise refused to
concurand the Senate rcccdcd thcrclrom,a all
Of which fully appears In the journals or the
Senate and House OF Representatives. here
fore it Being in the apprehension OF this re-
spondcnt, involved. in the gr"vcSt doubt
whether the said alleged act has been passed
in accordance with The requirements Of the
constitution, and has authorized any nolIil-
cation whatever to the County Auditors OF
the STATE by this respondent us Comptroller
General, and even, II So authorizing, whether
this respondent Should include In such noti-
1ication any rate per ccntuln us authorized ny
to be levied for the various state prr-
poses; and If so, what rate, or the provision IN
the second section of said act hercinbcforc
specially set forth this respondent has felt 1t
not to be in the line OF his official duty TO
proceed in any manner under the said alleged
ilct, save under sanction Of the proper judi
cial tribunal.
Wherefore this respondent submits himself
10 the order of this court in the premises.
JOHN L. NuETT, For Respondent.
|
SOUTH CARoLIEA-ltICIILAND COUNT
Personally appeared before me, Winthrop
Notary Public, johnson llHsuod,
Comptroller General OF the State OF South
Carolina, who ON oath says, that the iorcgo-
Ing return is true Of his own knowledge, en-
cept rs to those matters therein stated on In
and belief, and as TO those he be-
lieves il to be true. JOHNSON HAGoOD,
Comptroller General.
Sworn to before me 18th January, lSS0.
l.. S. WINTllEop WILLIAMS, Notary Public
Filed 18th January, lSSU
ALBERT NJ. BOOZEE. Clerk S, {. Sc.