% .v * I % the baleful effect of this corrupt agreement. ; ccrs, contractors, agents, servants or work By the terms of the contract, the loot of the old Court House still standing, wa' to be re- (iiuoty, their offi- | Slice «jnt Judgement lit ecus, Felix trembled. they awarded the contract, to make good their bonds. Both Cox and Cannon & Brown, offered to add as many responsible names to their- bonds, as might be required. The Bond required by the Commissioner* placed, but Jack Smith, with tie aid of bright, overruled Thomas, and i was de may not be, a redress of the grievances com- i —double the amount of the bid—was un- plained of, by appeal. Thancxt observation usually and unnecessarily large, and well difcr very ■laterially, from the specifications j is, lhat the whole complaint is palpably in-I calculated to lessen in a manner iniurions i tb » .. red by John O. Oat Bn, at the instance | tended, m constitute one charge !f LLi | to the interest, oTL Zty, the nZ^of | ^m.TeZ theiial ZT«LuZ7Z of the Boaruand icferred to in thc.r adver- j corruption, on the part of the County Com- | contractors able tocomplv. Had they required and do’lar*. and answered: Go thy way for thin time; when men, of the said site, works and materials, j 11 "‘ ro 1 co “’ runl * ,,t 1 * m c ' 1 ' for • b, '« ” , , 'He nerer called; but according to the best infor- or any part of them respectively, except as 6 . , r 1 ^ ’ * | mation, c clix tlua ta ha amt. hereinbefore excepted; manner obstructing and from, in any i or preventing! tenuiued that the old front ehoull stand, i ting liia Board of County Commissioners for the County of Darlington, their officers, ' “Chaiitcr II. ’ X-:* ■st * r if*'.*. *** fc .ixement for bidtlers. On the 26th of April, j miMioner. and their (^defendant. Samuel I a bond ^"*0^0^00 1.^?^^^ ,hl« .xeentton of the required bond was com- j Marco and Manual Marco. Hence, by the cumstancesof the case called for, their ex- pleted, and the approval of the Board cn- j admission on the face of the demurrer itself, aorsed thereon—thus perfecting a contract, j the Plaintiffs are properly in Court.— Again, the fah subdivision of paragraph 7th, expressly refers to and becomes part of the 4th paragraph, and is a specific charge of fraud.'To this, thereisan answer:and asa dc- evidently incomplete until then. On this bond, in the place of Martin llarrall and Wesley llarall, pvot)v«tcd iu tho bid, the names of J. O. Miller. H. J. Lee, G. M. McOown and O. D. Bee were given and ac cepted by the Commissioners. This substi- tutiou of sureties, it appeared from tho evi dence, rather strengthened than weakened the bond. Ou the day the bond was approved, to wit: the 26th of April, an agreement in writing, drawn by Jno. G. Gatlin, was executed by Samuel Marco, Manuel Marco and Jackson A. Smith, of wltieh tint following is a copy - O wick of County Commissioners. ) Darlington, C. II., S. C. V April 2Cth 1870. ) This agreement made, agreed on and entered into, between S. Marco, >1. Marco and J. A Smith witnesseth : The said parties do here by’ agree to and among themselves to be equal partners iu everything whatever, in building the Court Home, iu labors, advan c- •* and liabilities, profits and losses, and each one doth pledge to the other to so con duct tltc work, as will mutually teud to each other’s greatest good and benefit. Given under our bauds this 26th day of April. 1870. Samcki. Marco, M. Marco. J. A. Smitii. Tost : M. Welsh. At the trial this paper was given in evi dence by the PlaintiiTK and there was abun dant proof to show, that every effort had been made by the parties whose names are signed to it, u> conceal its existence Under his contract thus obtained. Samuel Marco commenced work, without delay, and built up the walls of the building to very ue.it the top of the first story, when, on thi day of . 1870, the further prose cution of the work was stopped by a prelimi nary order of Injunction, which I granted ou hearing the complaint of the Plaintiffs and the accompanying affidavits. At -the June Term of the Court of Common Pleat for Darlington county, the defendants, with the exception of M. Marco, having filed thoir answer, and the speedy determination of the matter being rightly regarded as of great public importance, by the consent of the bar, the cause was given precedence to all others on the docket, and was heard on its merits. In their complaint, the Plaintiffs in be half of themselves, and all others, tax payers of the county of Darlington, charge that there was fraud collusion, and corruption, as well on the part of Samuel Marco and Manuel Marco, as on the part of tho County Coimnis siouers, in tho giving and obtaining ofthis contrail ;and ask that it be set aside and de clared nui! and void, and that the Injunc tion restraining the defendants from proceed ing with the building of the fourt House under the emtract aforesaid, and from pay ing out or receiving any money on the same. • be made perpetual; xnd for further relief. County Couimissio^- rs demur to st much of thv complaint as ss*. --ts “the right und jurisdictiu 0 f this Court to ’•upervise, cuso . that the successful bid was the only one accompanied by sureties sufficiently re sponsible, would have had no foundation in and do’lars. According to the principles, very citarly and explicitly decided in the oaso of W»od. vs the United States Iftth Peters, K. U2. I allowed great latitude in the investigatmi of the fraud charged in the complaint. Tie inasmuch as care has not been taken, not to include in the answer matter to which the demurrer, though not in form, yet in sub- | stance properly applies, it seems to me that the demurrer is overruled by the answer— Story’s Equity, PI. See. 433, 443. Further, it seems to me, that the demurrer performs no useful office ; for, strike outof the com plaint, the paragraphs demurred to, and there remains in it enough to sistain the jurisdiction of the Court and autlorize its interposition. The law would have been brought to the attention of the Court, or have been judicially taken notice of, and all the facts’were abundantly proven nvarand over again, by tbs Commissioners thcmseltcg and by Samuel and Manuel Marco. A word on the construction of the Const- tulionnl proviso. It is nut self-executing. Legislation must come to its aid. It saves, in all cases, the right of appeal to the State Courts. Tho demurrer seeks to fasten i technical siguifieation^to the word '‘appeal.” The word “case” in the body of the 10th 8cc. Art. 4th of the Constitution, is clearly used in a popular sense ; the very same word ijn a plural form) is used in the proviso, per haps iu a technical sense, But is the word “appeal” so used!’ Of this I am not satisfied. Why may it not mean “resort” or “recourse by action?” Is the appeal given to the Su preme, the Common Pleas, the Sessions, the Probate Courts or the Court of Justices of the Peace ? Tho Constitution is silent.— Cases” imply parties acting or defending. Who, iu such a “ease” as the one under consideration, would be the one, or the oth er? The inclination of my mind is much strengthened, by legislative construction.— Title 11. chap. 3, Sec. 369 of the Code says: “When a Judgment is rendered by a Trial Justice's Court, by the County Com missioners, or any other inferior Court or Jurisdiction, the appeal shall be to the Cir cuit Court of the County, wherein the judg ment was rendered.” The cases enumerated do not embrace one of this class—it is un- snumerated. What is a judgement? “It is the final determination of tho right* of the parties in the action” Code, See. 268. W T hat is an action ? “It is nn ordinary proceeding in a Court of Justice, by which a party pros- -eentes another party, for the enforcement or protection of a right, the redress or pre vention of a wrong, or the punishment of i public offence,”—Code, Section 2.— There is but one form of civil actions. Code* tec.. 92.93. How is a civil action commen ced ? ‘’By ser vice of a summons,” us in this case. I cannot escape the conviction, that the Plaintiff s have adopted tho only legal mode of bringing themselves and the fact. The testimony of the Commissioners j Record book of the Comniasioners, obtainei as to the manner in which they tested the i by a subpoena dvres tecum, was introduced j responsibility of the sureties named in the in evidence, and very freeq used on the trial. It was unintelligibly Sept. Dates murrer most stand or fall altogether, and j various bids, did not impress my mind favor ably. They professed to have founded their judgment upon the assessment recorded in the County Tax Books, when as members of the County Board of Equalization, they must have known that so long a period had elapsed since the assessment of the real property o< contractors. The “Glimpses'’ comnu-nfe to be iuteresng. agents, servants or workmen, , Chapter 2 contains the Decree of this Honor from erecting, constructing, building and I Jmlge UcrLAsn on thv ‘Court Hoa«e Oase,” in j finishing said Court House 'on any future | fhtl. We necl Iianlly say rea>l it, for every agreement therefor, by the said contract ! man, woman ami child in ths County who can, will do so, except, probably John G.,the Serihe and a few others. agreed to he erected, constructed, built and finished; and from in any manner inter fering with or preventing tltc board of County Commissioners of Darlington Cbunty, their officers, contractor*, agintu, servants or workmen, in the use and employment of the said materials, in erecting, constructing. and entries, supplied as occasion demanded, ! buildingand finishing the said Court House assessment on the tax books, an unreliable informant as to the property of the citizens of the County. As men possessed of the most ordinary information, they must have known that the Tax books are more likely to mis-lead than to inform as to the real pecunia ry responsibilities of individuals. In “scanning the bids” as they expressed it, they were astute enough to have discovered the em barrassed condition of some of the sureties on other bids than Marco's; yet they pro fessed ignorance of the fact, of a priot recor ded deed of M. Marco to W. K. Ryan, of his most, valuable landed possessions and of an outstanding judgment against said M. Marco, frequently with different ink frrunthe origi nal dates and entries, appeared ©t. almost every page. This book shows, that large amounts were, paid out by check, in satufae. lion of uniiemizcd accounts ; that coaeiuYr- the County had been made, as to render the I able sums of money were drawn by the Com. missioners, for most extraordinary services, alleged to have been rendered to the Coun ty ; that for services as members of the Board, from July 6th 1868 to July 1st 1809, Jon athan Wright received for 187 days and 4088 miles traveled, seven hundred and sixty-five dollars ; J. A. Smith re*eived for 162 days and 1,052 miles traveled, tve hun dred and thirty-eight dollars and sixtv cents; F. A. Thomas received for 197 d*js and 2,891 miles traveled, seven hundred and thirty-five dollars and fifty-five cents. S*me of the recorded meetings were on Sundus, and ou the same da3’S they have chargel tor meetings at the Court House, and also for more than twelve thousand dollars. Of j for extra days services and mileage; i/^n- or any of said materials, except as herein be fore excepted. 3, That the said Jonathan Wright, F. A. Thomas and J. A. Smith. Board of County Commissioners ofDarlington, County be and they are hereby perpetually restrained and enjoined from payiug, or delivering to the said Samuel Mareo or upon his order, any money Wih or check on the County Treasurer of Bsrlmgton County, or otheiwise, by the said contact"agreed to be paid or delivered to him: 4. That the Costs of this action, and tha disbursera«nts 0 f I’laintifs be borne and paid by the said Samuel Marco, Manuel Marco, Jonathan Wright, Francis A. Thomas and John a £ m j t h alias Jack Smith, edias Jacks'-n A. ISiui.h, jointly and severally, and as individuals, and i»it as offi cials. J. M. RUTLAND these facts they had constructive notice, md ought to have gone further. The extraor- cinary solicitude professed by the Commis- sbners as to the responsibility of the sure- ticx on the bids, has a very suspicious look, whin regarded in the light of the overwhelm- tracts were freely, and without advertise* ment for bidders, given to members of the Board and their personal friends, for the ill execution of which, they were paid extrava gant prices; individual and families were indts- crniinately ordered to bo fed, and, in some Pcinsvcrnt. WEDXESOAJtULY, ’27. iogetidence presented on the trial that on pre-j instances, clothed, by Smith, a member of vions oreasion.s when called upon to approve ! the board, at tho expense of the County ; and SICKNESS, PAIN AND DEATH Legitimately result *s penalties for violations of natural la* Cour ‘ 8 orcr the pWy Com- imoHiouera of the county of Dailngton ,fid i missioners, auu u» -.l) r their proceed tlse exercise of their discretion as such, ex eept by the wayofappeil JS^rovided for by Sec. 19, Art. 4 of tho edry ■ tutl , )n - Ti e domurror, |,h Mh and ami 6th pnrrtgra plaint.' The ipbmplaiot; v T '*"* ’• / t • To define tht ■ ' ; ,iy\'oailiiis«ioner*,” ap proved 1868, },e proviso to the 34th Section thereof as apparent ly unlimited power of taxa *■' n; u > 4th Sec. of an “Act to amend an Act. , ? njtled an Act toaefitte the jurisdiction.and dvies ofCoun- ty Commissioners” app’.oved .larch 27th 1869, and nu Act to ar.thirize the Countv Commissioners of Darlingtonq^j,,^ ^ j CV j. a special tax lor the ccnstru.tj, >n () p a Court House” approved February jq 70 T]l0 conclusion of law as stm 4 *t/ a that the Leg islature intended to restrict tn. Commission or* to a sper.iid tax of two mills n tli. dollar, and no more, for the purpose *‘building the Court House D.>rll.. K Lort. jv. /Lev :s ........ j it,.,, the special Tax would rtf'* "eftt estimated cost of the structure—thirteen thousand dollars. The 5th paragraph mere, ly states the publication of the notice in a 'county paper, on the 27th March 1870, and copies notice. The 6th paragraph states the fifteen bids; that the 13th of the series was tnc successful bid ; copies that and the official endorsement t herenn. The sfatcincut of facts are by the demurrer admitted to be true. The demuerer states two causes—first chal lenging the jurisdiction of the Court as a Court of Equity, in any matter affecting an exercise of their powers and duties, as offi cers of the Corporation of the County of Darlington, except by way of appeal. Sec ond, that except in eases of fraud, the Court caunot intervene, otherwise than by appeal, to annul or set aside any contract, devigP},, or order of the County Commissioners, in the exercise of those powers vested iu tjjeru i mgs to review eitbe^ by appeal in the enumerated >3* . Jes ,r in all others, by the re- Vsort to an action according to the character j j of the partici^r Subject matter. Ou the Ute demurrer must bo overruled, ami it is so ordered adjudged and decreed. The d< feuda nts do nut deny the right of tho court, i u this form of B « k #*»de any contract er tered Mto by them, for fraud, corruption or collusion, and auswering deny, twice dating their session on the m»rntng of April 19th, the.dny on which the award was made; tkeyertain knowledge of Samuel Marco, that thtM^hav. acter of his bii, would increase the cln ’ '*■« of his success, toupled with the avowai^? him, of the intention of the Comn.:**: ,er: ! tho ^demanded, was not produced . a -a , ..ft Wa n ; /. 1 ixriiilsJ .-visa...-. a 1. _ ... .. c.» , large sums of money were paid him and others, professedly upon such accounts: and John G. Gatlin who was known, as testified to by the Commissiouers, to have been guil ty, of at least one “rascally act,” was retained in their service as clerk, at a compensation of three dollars per day, the year through. I was specially struck with the testimony of Mr. Muldrow, one of the two surveyors employed by tho board, to lay out the Coun ty of Darlington into Townships. These Townships were ticenty-one in ntimbtr, more thau necessary in his opinion. Each sur veyor charged for sixty days wort—each had eight hands at 81.50 per day an 1 rations furnished by one of the commissioners and { perhaps by two of them—also each had a j horse, wagon and driver at three djllars per | day The expense was enormous tod reck- ! less—and strange to say, the greattr part ot J the money for such services, luuud its way into the pockets of some of the Commission ers Some of the money expended cannot be and was not accounted for—though au effort to that end was made. Maps of the survey costing ninety-five dollars, were made out, but could not, or would not be produced on the trial, though a call was made for them. They should have b.-et, with Gatlin the Clerk, and the Commissinne.-s neglected their duty in not enforcing his. Tuc influence of the Clerk with the Board was strikingly ap. parent. His sale of that influence in procu ring a previous contract for building the County jail, was long ago known to the ! Board. vet 6” •-•p* •*■'[:**••*•(! It is in oroof th" ’>d tht sue'cssful bid for tbe jail after it had been handed in, but that bid, AGENTS EAR THE DEMOCRAT. I.. R. KAGSDALl JAMES AI.LKN, TimmonSTtlle. S. C. Florence. S. C Miticniaii's Crystalized Worm Candy is only tirenty-five cents a box! The Blessing of the Ifte. Nonore f?ick Headache, no nore Dyspep sia, nenore Indigestion, no mire Piles, n" more Chlls. no more Liver Complaint, no more Jtnndicn, no more Pain in the Back, no mor? Kidney Disease, no nore Costive- ucss, iu uore Heartburn. Tift'* Vegetable Liver is a certain gtarantte against all these diitiessing eotrpiaiits. hart a Parker Agent. SFECI^VIa ISTOTICESv FOR {OfFRXOR. Hon. R. B. CARPENTER, CF CHARLESTON. FOR LI FPTENANI-GOTEBXOR. Gon. M. C. B7TLER, OF EDORFIKL) “lulon Reform”—Out Poiition. tfdr WM H. IlKUNAKD, Fioprietor of the Sltir Advtrlitiug Agency, Wilmogton, N. C.. is authorize! torcceive advertiaejunt* lor tliig pa per at o»u lores! ensh rutc*. t&ST SIEC1AL NOTICE.—Cojuirtrcn in want, of Doors, aiutbri* &n«l Blind*, no reffer to the ad vert! semett of R P. Toulo. thcU’ge manufactur er of tho.-ogoods in Charleston. Price list fur nished on implication. x This V/uable family Mecicttie has been, widely auu favorably knows in our own and fbrei^r, cov^'ics upward* uf Thirty 2Ycm». It bag los none of its good tamo by repeat ed trials, bit continues to occupy a protui- A.u publtc journalist, we <,ppo*eyar<' vertisement ; the changes made in the spec:- ; ( l,,y 0 u which the award was made, spoW 1 ,< ' r an ‘ * '////^ (Jrd*re ncatious of which Kar. ii.-’ ^larco had tl potice; j 0 f J. A. Smith as their partner in the bud- J . the peculiar woroing of the -icceo. u! bid ; i D tss. Tho bid signed M. Marco & Go., vas 1 ■ its preporation bv the clerk of tho Board ; 1 proven by Manuel Marco himself n J'** 0 ^ r , ... ^ . . , 0 _„ * r •' - , ..xe t \r t J A. Apn! Anno Domtrt 1870, executed been the bid ot Manuel Marco and . , ! J' rut ' , .„ -j-r'd to vonathan M tight, F. A. lliomas: od J. ; Snuti, n t e ev> ^ prc'-,*ition to sell : A Smith, parties of the first part tlcBoard 1 A!-».iuol M’>reo snakin'' J ,'-V . . I „. n ■ , , ’ ■ * • 1 .• one of the partuers is in of ..ounty Comnitssletiers for the fountv of the contract, said :•» 'I , . : . - - - 1 , / < r 1 apeak tor him. Smith Charleston, but X can. t ■ . ,v t moniiog. The same went to Charleston tha p day or the day after Marco, in answer to Clayton Cannon and A - X -X a and •xplicitty. Xu this rcsp.-ct our opinions arc I of bowel diseia unch.ngcd. - ■ , ^. ... No taper in the State, perhn^w, ^ ‘ more btiSSSm&L in pbiaer language • rrfrtv;?^’ P " 'M ulatiois and vilt»V.«« <*‘ “*« ^ >a Jowe r .4> • than to UlmjCBat; and no pap.v j,*adverted iiselt'r.oro earnestly, to impress ujautU. a^ople the nciessity jl making indiridud , * pre-re«jui»i*«station. Tn ti- of these fluileare have not been recr^urit/ Tiielact tiiaf are being robbed t.'’ ,,l «f rt r- t cign scum ami iomcstic roftu-s who til* T0 "' ocn ruling us for tiie past two years, Is jAtent tr everv thinking man. It is evident to^, i‘u$t un less a change is speedily effected, ruin awaits us. We cannot bear up under the burden of taxation now imposed upon if. There must be more hon esty ami economy, in the administration of the i State government. Wo cannot rely upon those ! now in power, who ha\c betrayed the trusts al- i ready repo sed in them. Achbiigeis imperatively demanded. /V -ik* Jl.v . 1 in and breadth of onr laud. Many females suffer in some way at each month ly penud : .Home girls are in great peril at the couiintnceiueni ot luenstruatiOAi while older ones dread its decline at the “turn of life.” Sometimes the menstrual flow is too much, or too little, or may be attended with pain ; may be irregular or entirely cheeked, or ciiuuged in appearance, at tended with other distress.ng Symptoms. Leucor- rhoea, or the “Whites, trcqueBily drains the system, or ulceration of the womb may create puin and cause rapid prostration. Falling of the womb is an exceedingly common complaint, giving much trouble and distress, which, under oiumary treatment, is dithsullte curs, v Hysterics, Green Sickness, Irritability of the Womb, and other serious and fatal complaints follow the female sex throughout life. Lives there a medical gentleman who has or can re lieve the fair sex of tnc above troubles? Not many. Is there no combination of remedial agents that wilt come to her rescue ? We answer Yes. The only acknowledged Uterine Tonic and Fe male Regulator known, will cure all those com plaints above mentioned in an incredibly abort uine. The Litters at once arouses, strengthen* and restores the womb to its natural condition, removing obstructions, relieving pain and regu lating thv monthly period. Yonder stands a pate, feeble and languid girl, just bursting into wo manhood ; she is the pride of all, but hark! she silently steals a pickle, eats chalk, or slats pen cil; no appetite lor food ; she turns with a dull eye and seeks solitude; her eye no longer spar kles ; her merry laugh is no longer heard ring ing through the air; sue mopes about with blood less lips aud gurus, with J^-udache, palpitation, constipation, swimming of the head, cold toot and naudrf luelaocuolly; sue has a coated tongue, ol- fensiie breath, and a host of other evils too nu merous to mention. W heu neglected all these symptoms become ag gravated, mere is sick stomacii, heartburn, a dark line settles under the eyes, the legs and .inkles arc swoilen, the hair loses its gioss and tails oh, there is bnuieness and splitting of the linger nails, swollen abdomen, extrema nervous ne»e, iretfulness, pams aud aches, dry cough. Hysterical Fits, rapid prostration, epilepsy anu death! If you, or any ot your friends, arc thus afflicted, send at once lor a Dottle of Lnglish Fe male Dilters and bo cured. Its ctfects ure magi cal m such complaints. Surely no mother will postpone and demy this duty uutil TO 11 £2 IS AT THE afiv.it Wx. Jte various /till •tjVj'inbfi laJitr-i ,*;<* nj' l Rftpcton. ~ diKoaro i? tnfirc fV-a, where tht* clreoWGn Killet ’w oututidereJ iess prevalent, the PAt . , as Jiuropittn resHk-nt by the native*, 88 V. fStii rem