The county record. [volume] (Kingstree, S.C.) 1885-1975, 1900-11-01
CASE WITHDRAWN.
Suit Against South Carolina For q
Quarter of Million.

the State of South Carolina which was
sprung last spring, causing much
comment in view OF the fact that II
| involved about quarter Of million
dollars, will be withdrawn from the
United States supreme court, and VIII
| not be pressed. It will be recalled
that very soon after the notice OF the
suit was received Attorney General
Bellinger went to Washington and re-
NAMED there about week. When he
returned he would have nothing to say.
about the matter for the reason that
he was not then in position to state
what course would be pursued. Re
Gently, however, he was formally no
titled Of the action indicated above,
and in Ceply to letter received from
New York by the secretary OF State
Mr.. Bellinger prepared the following,
which Is a full statement OF the whole
thing:
Gentlemen: Recently the secretary
Of state, Mr.. NJ. r. Cooper, received
from you the following letter:
We understand that some time ago
suit was brought by the attorney gen
eral Of the United States against your
State to recover on $125,O0o principal
and s123,750 over due interest on
bonds issued in 1856 to complete the
state house. It Is also stated that the
bonds matured in 1881, but principal
and interest were never paid.
Will you kindly advise us as to the
present status OF this litigation? II
any decision has been rendered In the
case we should be glad to have the
text Of the same. Any information
that you may favor us with in regard
to this matter will be greatly appTe-
ciated. We desire 1t for publication.
lnasmuch as this case has been in
the hands of this office, Mr.. Cooper
reuuets that II answer the same, which
l now beg to do as follows:
Your information Is correct as to
the amount OF bonds held by the
United States government, the date OF
issue Of the same and the amount or
interest due upon the same, as well as
the date of maturity. It is true that
no part OF the principal appears to
have been aaid, but the interest was
met UP to and including the year 1863.
BY the act OF congress approved
March 8, 1899, 80 Statutes, p. 1856, 1t
was provided in Sec. that "the secre-
tary of the treasury be, and Is hereby
authorized and directed to institute
any act or proceeding which he may
think advisable against any State or
its representatives to secure the pay
ment Of the principal and interest OF
said bonds or stocks" referring to the
bonds issued by this State and now
the subject Of your inquiry. HIN pur-
suance OF this authority, demand was
made upon the department Of justice
at Washington by the secretary OF the
treasury to take such action as might
be necessary to secure the liquidation
Of the Indebtedness. Thereupon suit
was brought, in the supreme court Oh
the United States, against this State
for the sum of $248,750, and the gov
ernor and attorney general served with
process on the 25th day OF June. 1900,
a copy Of the bill reaching this ofice
ON the a0th Of June. Although 1t
subsequently transpired LAT the suIl-
dry civil act of June 9Th, 1900, which
you will note was passed IS days be.
fore suit began, provides that SO much
of che act first referred to "as author
ICES or directs the secretary OF the
treasury to institute any suit or pro-
ceeding which he may consider ad-
visable against any State or its repre-
sentatives to secure the payment OF
the principal and interest OF any
bonds or stocks" etc., "is hereby re-
pealed and the secretary is hereby
directed to discontinue and to dis
miss any suits. actions, or proceedings
which have been taken under the au-
tho-ity of the said section T." Having
received no notification from the de-
partmert OF justice OF It's intention to
withdraw the suit or ask for dis
continuance thereof. ! az attornew
general, called upon the assistant at
torney general Of the United States
for a conference and explanation and
was then informed by him that the
last provision had been unaccountably
overlooked, but that the suit might
be considered at an end. Subse-
quently, to wit, on the 3rd OF August,
1900, the acting attorney general no.
titled this Office that on the opening
of the supreme court in October 1t
was his expectation to submit a mo-
ton to dismiss the case.
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