The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1882-05-25
payment Of said tnxes by said Blue
Ridge Railroad Company and said assign
ees in bankruptcy.
As maffar Of LOW,

payment OF said taxes by said Blue
Ridge Railroad Company and said assign.
ees in bankruptcy.
AS matter of law:
|. That the Act of the Legislature OF
the State Of South Carolina passed on
the "a March. 1872, was lawful and
constitutional Act under the Constitution
OF tho United States, and the revenue
bond scrip therein directed to be issued
by the State treasurer of South Carolina
was issued Ivy lawful exercise of an.
thority on the part Of said Legislature
aud the said revenue bond SCRIP jsMso
far as the present holders of tho snid
scrip, to wit, Edward B. Wesley and
Ames ID. Williams, and such other par.
tics and corporations Us appear by the
proofs on filo in this cause to have law
fully acquired the same are concerned
lawful and constitutional securities in
the hands Of the holders thereof: and
are not bills Of credit within the proyis.
ions of the Constitution of the United
| States.
II. That the said Act Of March, 1872.
was valid and binding contract between
| the State of South Carolina and the diff.
terent owners and holders of said reve.
nue. bond scrip, and bound the State of
South Carolina and tho different State
officers thereof to do and perform the
duties cast upon them by said Act, to be-
performed in such manner as is by tho
said statute provided aud directed.
| III. That, replying upon the faith of
the provisions of the said Act Of I'd
March, 1872, and OH the representations
OF the State treasurer of the State of
| South Carolina and also of the president
OF the Blue Ridge Railroad Company,
the complainant, Amos ID. Williams,
was induced to surrender $4l7, 900 Of
bonds OF the Blue Ridge Railroad Com.
pany, and to take in payment therefor
one hundred and sixty. five thousand dol.
lara of said revenue bond scrip. and
said Edward b. Wesley was nlso induced
by said representations to advance in
cash, in the City of New York, in the
latter part of March, 1872, $344, ,925, and
he received rs security for such advances
revenue bond scrip to the amount of
81 ,0O5,000. That with the money thus
advanced the president of the Blue
Ridge Railroad Company was enabled to
redeem S2,902,000 of bonds of Blue
Ridge Railroad Company, then being
under pledge in Wall street, in the City
OF New York, having tho guaranty of
the State of South Carolina thereon.
That the redemption enabled the prcsi-
dent of the Blue Ridge Railroad Com.
pany to carry out to that extent the pro.
visions OF the Act of I'd March, 1872.
That the said Amos ID. Williams was
constituted bona fide holder of $780,
600 of said revenue bond scrip, and the
Blue Ridge Railroad Company were con-
stituted bona fide holders Of 81 ,O05, 900
OF said revenue bond scrip, subject to
The lien Of said Edward b. Wesley, for
the sum of *344 1925, with interest there.
on from March, 1872, upon the payment
OF which sum and the discharge of which
lien the equitable ownership Of said rev.
enue bond scrin IS in the assignces in
bankruptcy OF said Blue Ridge Railroad
Company.
~. That the Act Of the 22d of Octo.
ber, 1873, of the Legislature cf the State
of South Carolina wherein they repealed
the fourth section of the Act of the 2I
of March, 1872, and wherein they ex-
pressly forbade the comptroller general
of the State of South Carolina to lew
the tax provided for the redemption Of
the said revenue bond scrip; and also
the provisions of the Act of the Lcgisln.
ture of the State of South Carolina
passed December %, 1873, wherein tho
said Legislature forbade any State or
county officer to receive said revenue
Bond scrip In payment of such taxes as
aforesaid, were each and every one of
them passed in violation of the contract
entered into by aud between the com.
plainants and the State of South Caroli-
Da, and were aud are respectively uncon-
stitutionaI and void.
l. II is therefore ordered, That il be re.
ferred to Jas. f. Hagood, Esq, clerk of
this court, rs special master, to take
proof of the claims of all parties other
than the said Amos d. Williams and
Edwd. Is. Wesley lwhose claims are here.
by adjusted and established) holding or
claiming to hold any of snid revenue
bond scrip bona tide and for value, who
may, on contributing pro rata to the cx-
pense of such reference and this action.
prove their claims. And TINT said spe.
cial master do ascertain and report the
total outstanding amount Of such treas.
nry certificates Ut indebtedu ess.
2. That for the purpose of defending
itself the State Of South Carolina NAV.
at this option and in such manner as it
may be advised to be proper, be allowed,
upon the application Of the attorney.
general of said State on its behalf to be
made party to these proceedings.
3. That upon the ascertainment of the
amount of said treasury certificates of
Indebtedness outstanding, proper process
do issue out Of and under the seal of
this Court against the State treasurer of
the State of South Carolina for the time
being and his SUCCESSORS in Office, com.
pelling and requiring him and them to
perform the duties enjoned upon the in.
cumbent of that Office by the 4.h Section
OF the Act of I'd March, 1872, to wait to
redeem the said treasury certificates of
Indebtedness, and compelling and requir.
ing him and them to receive the same in
payment of all taxes and other dues to
the State, except the special tax levied
to pay interes. on the public debt. That
proper process do issue out of and under
the seal Of this Court against the CONN.
troller- general of the State of South
Carolina for the time being and his sue.
cessors in Office, compelling and requir-
ing him and them to perform the duties
enjoined upon that officer by 'he differ
ent sections of the Act of Ne .ch 2, 1872.
and compelling and requiring him from
time to time to prepare and transmit to
the several county auditors all such forms
and instructions as may be proper and
lawful for levying and collecting in the
same manner as the annual taxes the
taxes required by the 4th Section of the
Act of March 2. 1874. And that proper
process do issue out of and under the
seal of this Court compelling and re.
quiring the different county treasurefs of
TIE State of Sonth Carolina for the time
heing and their SUCCESSORS in office "a