The daily phoenix. (Columbia, S.C.) 1865-1878, August 13, 1872, Image 1
THE BATIT
''Let OUT just Cen sn re?
BY J. A. SELBY.
COLUMBIA, S. C., TUESDAY MORNING, AUGUST 13, 1872.
Attend the True Event."
VOL. VIII-NO. 124.
MAIXI AURAKGEHKNTS.-Thc Northeru
mail opens afc 2.30 P. M.; doses 12.00
A. M. Charleston day mail openB 4.30
P. M.; closes 6.00 A. M. Charleston
night mail opens 7.00 A. M.; closes 6.15
P. M. Greenville mail opens 6.45 P.
If. ; closes 6.00 A. M. Western opens
and closes 1.30 P. M. Wilmington opens
2.30 P. M.: closes 11.30 A. M. On
Sunday office open from 3 to 4 P. M.
A large and varied lot of cards, suita?
ble for weddings, invitations, visiting
and business purposes, have jost been re?
ceived at this office, which, owing to the
dull season, will be printed at very low
rates.
The advertising agency of Walker,
Evans & Cogswell, represented by Ros
vrell T. Logan, Esq., is the only author?
ized agency for this paper in Charleston.
Speoial Notice.
OFFICE BOAED OF HEALTH,
COLUMBIA, August 10,1872.
NOTICE is hereby given, that on and after
WEDNESDAY NEXT, the Board will in
Bpeot all the yards, collara, Ac, in tho various
wards of the city. The ordinance rotative to
nuisances will bo strictly enforced. The
Board recommend the citizens to have all
their trash and garbage placed in barrels or
boxes in the street, to facilitate its early re?
moval. By order of the Board.
THOS. P. WALKER, Acting Clerk.a
MW Union copy._Aug ll 4
SPECIAL BARGAINS
SILK PARASOLS,
JjTXTRA FINE FANS, LACE EMBROID?
ERED HANDKERCHIEFS, Lace Collars and
Guffs, fino White Cambric and Lawns, Wide
Ribbons, Table Damask and Doilies and Fino
Cassimeres, at C. F. JACKSON'S.
Ang8
J. E.
With a view of realiz?
ing money, and also to
make room for the
opening of a
LARGE AND VARIED STOCK
In the fall, has decided
upon offering his pre?
sent stock, from this
date until the 1st o?
1 oxt September,
AT COST FOR CASH,
? CHANCE FOE ALL !
GREAT BARGAINS
IN
DRY GOODS,
AT
W. D. LOTTIES & CO.'S !
J"N anticipation of removing in September
to onr large and commodious NEW STORE,
in tho Wheeler Building, corner of Main and
Plain streets, we will close out our present
stock at unprecedented LOW PRICES.
Bargains in all classes of Goods.
W. I). LOVE A CO.
W. D. LOVE, )
B. B. McCiiEEnv. f July M
Selling Out at and Below Cost
MY entire stock, consisting of DIAMONDS,
WATCHES, Chains, Jowolry, Silvei
Ware, Plated Ware, Clocks.
Aug 10_ISAAC SULZBACHER.
Fresh Country Butter.
LBS. choice OOUNTllY BUTTER,
for salo by HOPE A OYLES.
200
Pure Angelica Wine.
ON draught, CALIFORNIA ANGELICA, a
delicious and puro Wino for invalids
and summer uso, just received and for salo
low by JOHN AGNEW A SON.
July 30_
For Sale,
Mfr 20 FINE LARGE MULES, and 3
OBSB fourdiorso WAGONS, with 3 sota o?
4yE8,good HARNESS.
August 9_CHAS. LOGAN.
Holice to Teachers.
APRINCIPAL of the Columbus (Miss.)
Female Instituto will be elected on tho
19th of August. Applications are invited. A
competent Instructor, with some oapital and
tho propor energy, may find it to his iutercst
to secure the placo. Tho Institution has
boen in operation twenty-five years, and
oi?ars m a nv advantages as to buildings, loca?
tion, health, Ac. Address
Du. W. W. HUMPHRIES,
President Board Trustees,
Ang? 12_ Oolnmbns. Mis*.
Just Arrived,
fa A CAR LOAD of choico Saddlo and
ma%m Harness HORbE i, to bo soon at Chas.
^JaJa^Eogrtn's atablo.
Au? 4 W. H. & J. M. TALBOTT.
Special Notlooa.
DB. TUTT'S SABSAI'.UUI.LA AND QUEEN'S DE
LiouT.-Thia valuable preparation combines
all tbe medicinal virtuos which long experi?
ence has proven to possess the moat sate and
tffloient alterative and deobetruent proper?
ties for tho core of Scrofula, King s Evil,
White Swellings, Ulcere, Cancerous and In?
dolent Tumers, Mercurial and Syphilitic
Affections, Enlargement and Ulceration of |
tho Bones', Glands, or of tho Womb, Spleen
and Kidneys; all tbovaiisus diseases ortho]
Skin, such as Totter, Ring-worms, Boila,
Pimples, Sore Eyes, Ac.; Nervous Affections,
Dropsy, and all diaeaaea originating from a
depraved state of the Blood. ?IBO, many
affections peculiar to Females, aa Suppres?
sion, Irregularity, Lforrhoa or Whites,
Sterility, Ovarian and Uterine Dropsy, Ac. ll
ia purely vegetable.
Whilo using Dr. Tutt's Liver Pille, co re
straint of diot or occupation ia necessary.
You may eat or drink as usual. They are
purely vegetable.
Dr. Tutt's Hair Dye leaves no Ridiculous
Aug 13 Tint._jV3
On Marriage.-Happy relief for Young
Men from the effects of Errors and Abuses in
early life. Manhood rostored. Impediments
to Marriage removed, New method of treat?
ment. New and remarkable remedies. Books
and circulars sent free, in sealed envelopes.
Address HOWABD ASSOCIATION, No. 2
South Ninth street, Philadelphia, Pa.
Angil_3mo__
Truth and Poetry-Milton puts into the
mouth of Lucifer, in "Paradise Lost," these
memorable words:
"TO DE WEAK IS MISERABLE."
Nevor waa a truer sentence written than
this-.supposed to be wrung from tho arch?
fiend in nie impotence and agony. Every vic?
tim of nervoua debility, or of that distressing
languor which ia one of the accompaniments
of dyspepsia and biliousness, can testify to
tho misorv of mind and body which they in?
volve. Tho motive power of the system ia
partially paralyzed; the mind ia haunted by
anxiety and fear; aud the anffcrer ia aa inca
pablo of applying himself energetically to
any kind of bmdness as if ho were under the
benumbing inllucnco of catalepsy. Thia ter?
rible mental and physical condition need not,
however, bo endured for forty-eight boura by
any human being. PLANTATION BTTTEBS ia au
absoluto specific for all the to.-meets which a
deranged stomach, a diaordered liver and
shattered n?rvea superinduce.
JCST Tho worst Goughs yield, as if magic, to
tho wonderful curative powers of Dr. Pierce's
Golden Medical Discovery. Aug 8 13
Second-Hand Vehicles.
AFEW ROCKAWAYS, CARRIAGES and
BUGGIES-some of them aa good aa
new-will bo sold very low. A rare chance
for a bargain, by calling aoon at the Carriage
Factory of John Agnew.
Aug 7,tuf2 M. J. CALNAN, Agent.
The ?. G. Election,
Tn AT excited so much iutorest, having
been decided, the attention of the public
is called to the great inducements
To be
Offered by tho ' INDIAN GIRL," in closincr
out a few brands of line CIGARS, four lor 25
centa-a price that allows no grouuda for it j
to be
Contested
Aa to where ia the place to get the most for
your money.
'"Pancake," "Century," ,;May Flower" and
"Durham" are specialties. Aug 10
Selling Out Below Cost.
fTUBLE and POCKET CUTLERY.
_1_mm ISAAC SULZBACHER.
Se'ling Out
AFINE stock of the celebrated Morris A
Lazarua PERFECTED SPECTACLES,
which I have been selling to tho public for
the laat four yearB.
ISAAC BULZBACHER, Sole Agont.
Oil ts and Corn.
1AAA BUSHELS FEEDING OATS,
. vJULF 7u0 bushel* White Corn, for
sale low for cash._HOPE A GYLES.
Choice Family Flour.
pr rv BARRELS STRICTLY PRIME, for
t)U sale at reduced rates.
August 10_HOPE A OYLES.
Selling Out Below Cost.
FINE JET SET-only r.O cents-at
I8AA? BULZBACHEIt'H.
Selling Out Below Cost.
GENT'S WALK1NO CANES, at all prices;
from 50 cents upwards.
_ ISAAC SU LZ BA CHE it.
On Consignment,
1AAA BUSHELS CORN,
.VUU 10t? barrels FLOUR,
Which we offer at a tienen dedtne. lt marthe
KOM. LO HICK & LOWRANCE.
North Carolina Hay.
rr pr BALES good N. C. HAY, for sale ow
I PJ hy HOPE A OYLES.
Notice.
WE hereby give notice to all whom lt may
concern, that wo have resigned our
connection with tho Universal Lifo Iusuranco
Company, of New York. The oflico and busi?
ness ia turned over tb Mr. J. W. Shackleford,
Southern manager for said Company.
M. W. OARY,
Aug 2_M C. BUTE LR.
Cow for Sale.
???335% A G GOD MILKER, with a line
.^HB? heifer CALF. Apply at TIKI.NIX
JW Ti* oflico. July 31
Selling Out Below Cost.
LADIE8' WRITING DESKS, Jewel Cases
and Traveling Companions.
I8AAO BOLZBACHER.
Cood Things.
BBEAKFA8T BACON,
TIOS' FEET SOUSED,
SMOKED BEEF, .
BUFFALO TONGUES,
CHOICE GOSHEN BUTTER.
All fresh and for sale low f<.r cash l>v
June IC HOCK A G Y LFM.
Office Auditor Richland County.
riiniH Oflico will continuo open for RE
JL TURNS OF PROPERTY until tho 20th of
Auguat; after that dato, GO per cont, penalty
will attach for nun-compliance with this no?
tice M. J. CALNAN,
Aug 1 Auditor Richland County.
Everybody is delighted with tho QUEEN'S
DBLIOUT. it cures all kinds of breaking out
of the skin, boils, Ac.
li Removal of Furniture Store.
WE, the undersigned, beg
leave to inform our numerous
friendo and tko public that
wu have removed our entire
stock oT FURNITURE to our now ware rooms,
which wo have orccted on tho site of Janney'o
old hotel, and will be pleased to havo thoto
in need of anything in our linn to give us a
call, as we Hatter ourselves that we can give
just as good bargains as any houso in the
.South, as wo bny from none but thu most
reliable manufacturers in New York, Phi'a
dolphia, baltimore, Cincinnati and Louisville.
All orderB promptly attended to. Particu?
lar attention given to repairing, packing and
jobbing. Funerals served in the very best
manner. FAGAN MtOK.
Aueu-u 10 G
Notice.
THE co-partnership of EDWIN J. SCOTT,
SON A CO. having expired tliiB day, all
debts du" bv and tn them will bo settled b\
the new linn of EH WIN J. SCOTT A SON.
EDWIN J. SCOTT,
HENRY E. SCOTT,
C. H. BALDWIN.
J.P. SOUTHERN,
R. C. SHIVER.
COLUMBIA, August 1,1872.
THE undersigned bavo entered into a co?
partnership, under the firm name if j
EDWIN J. SCOTT A SON, for the transaction
of a General Banking. Rrokerage and Collec?
tion RnsinoBi, and solicit the continued and
extended patronage of their friends, custom?
ers and tho public.
EDWIN J. SCOTT.
HENRY E. SCOTT.
IN reti-ing faom the late firm of EDWIN J.
SCOTT, SON A CO., tho undersigned take
great pleasure in recommending thc new firm
to tho confidence of their former patrons and
the public generally as gentlemen in every
way qualified for tho busiuess, and well de?
serving the confidence cf the communitv.
J. P. SOUTHERN,
C. H. BALDWIN,
A urns? 2 Pi R. C. SUI VKR.
Coal ! Coal !
/iAr TONS best quality of COAL, now
OU I loading on beard brig Anna Maria,
for thia markot, which will bo sold low fur
cash. Apply to R. A. KEENAN,
July 13 Imo At Columbia Hotel.
Superb Winter Cabbage.
LARGE Mammoth Head CABBAGE,
Drnmboad Savory CABRAGE.
Large lato Flat Dutch CABBAGE,
Largo late Wintor Diumhead Green Glazed
CABBAGE.
WINTER TURNIPS.
Largo Whito Flat Dutch TURNIP.
Purple Top TURNIP,
Largo Globe -several varieties,
Rnta Raga,
Largo Norfolk.
For sale at low price, at
Aug 1 i H EIN FISH'S Drug Store.
Roso Cordial.
ACARMINATIVE BALSAM for the cure of
Diarrhoea, Dysentery, Bowel Complaint,
Pains, Cramps. Cholera, Cholera Morbus,
Sick Stomach, Soar Stomach. Sick and Nerv?
ous Headache, Wind in tho Stomach, Hyste?
rics, Fain tings. Low Spirits, Melancholy. Fur
I n fants, one of t ho best soothing medicines
for Toothing, Belly-ache, Looseness of BOWOIH,
fretfulness, Restlessness, and all complaints
ncideut to children. For sale only at
HEINITSH'S
June 15 t Family Medicino Store.
JAMES A. GRAY & GO.,
IMTORTERS, JOBBERS AND RETAILERS IN
Foreign and Domestic Dry Good?,
191 und 19G Broad street, Augusta, Ga.
THE largest and most complete el nek in
tho South, at lowest priccB. July 20 Imo
~Ale! Ale! AleT
?)K DOZ. CROTON ALE, very superior
??.r quality,
50 doz. McEwen's Ale, very superior quali
ty. Just received and for sale by
* July 9_ JOHN AO NEW A SON.
Pavilion Hotel,
CHARLESTON, S. C.
G. T. ALFORD A CO., Pro
priotors; lt. HAMILTON, Sup't.
M. H, BERRY'S
Furniture Ware-room
Mainstreet, near Blain.
NOW on ham! and daily re
fceiving from the manufac?
tories of New York, Boston,
Cincinnati and Louisville,the
largest assortment of FUR?
NITURE oveir kepi in this market, consisting
n part of Walnut Parlor, Chamber abd Diu
ng-Room Snits; 200 Bedsteads of different
>at terns, in Walnut and Imitation; also, the
?elehrated Georgia Split-bottom Chairs.
All kinda Of MATTRESSES made to order.
UPHOLSTERING and REPAIRING done at
dn.rt cst notice and in the best msuneir.
Terms cash and Geode cheap. Oct !W
Butter, Cheese, &c.
TU RS choice GOSHEN BUTTER.
Boxes choice Goshen Cheese,
1 0(10 pounds Breakfast Strips.
10 barrels Pearl (?list and Rig Hominy.
All fresh anti lor sale by
Jnlyl? HOPE A GYLES.
Portable Fountain Pomps.
JUST received a supply of portable foun?
tain PUMPS and SPRINKLERS, which
s I he mont useful and convente nt apparatus
'or watering shrubbery, flowers and plants,
md for washing carriages, wh.dowa, Ac.
Meo, a useful article for extinguishing fires
it the commencement, sprinkling side-walks,
fcc, Ac. Foi* salo at low prices by
Jiiius27 "J_0HN AGNEW & SON.
New Books.
THE SPEAKER'S COMMENTARY, hy Rieh
ops and other Clcrgv of the Anglican
?burch. Vol.1. ?5.
Aunt Jane's Hero, by Author of Stepping
Heavenwards. $1 50.
Hannah, a new Novel, hy Mies Muloeli. 50c.
Jan ll DUFFIE ft CHAPMAN.
Fruit Jars.
THE best In markot, comprising all the
good qualities of FRUIT JARS, lorna h Iv
Juno '>."> L?RICK A LOW RA M E *
i">fr BASKETS CHAMPAGNE,
?O 20.0UO CIGARS.
Canned Goods, Fruits, Nuls, Cakes and a
ot of other goods suitublo for the 4th; aluo,
br Parties, Pic Nics, Rarhecues, Ac.
June 25 L?RICK A LOWRANCE.
Everybody looks at a pretty girl; hut turu
i wav if she has pimples, blotches, boils. Use
he QUEEN** DEI.IOUT and purify your blood.
Miss M. A. Buie's Institute,
At Aiken, S.C.
MISS BUIE ia BO well known it I
ia not necoaaary to present lier
?clairna to her friends. Sho will
?open her School on tho 2d day of
SEPTEMBER, in Aiken, S. C. For
circujara, apply to MISS BUTE.
CLEAVEL?ND MINERAL 8PRINGS,
(Formerly WilBon'H,)
AVar Shelby, 55 mi'es West of Charlotte, JV. C.,
T. W. UllBVAKD, Proprietor.
THE Hotel will bc open for I
the reception of viaitora on lat
of June. PasHcngera coming
_ion thc Wilmington, Charlotte
m.ii Ituitierfurd Railroad will lie met by
Hacks. Conveyances lo other pointa pro?
vided at any tinto.
COLD and WA UM BATHS-Whit o Sulphur,
Bed Sulphur and dial* beato Water.
BAND OF MUSIC and other meatiB of
amusement will add to the comfort and en?
joyment of gncBts.
FABE tirst claBa. BATES-Single day,
$2 50; single week, 114; four weeks, MO. Chil?
dren under ten years old and colored servants
half price. June 21 2mo
NEW CROCKERY
AND HOUSE FURNISHING STORE.
THE undersigned have re
^ ceutly opened an entire now
|^ Btock* of new goods in the
abovo linc. Articles of all '
kinds for house keeping, Ac.
Citizens are invited to call and ciwaino goods
and prices. KINGSLAND A flv'i'll,
April 24 Under ColumuTa Hotel.E
B. KISQSLAWO. J. A. nRATn.
Meats, Smoked and Pickled.
FRESH to hand
Prime Smoked Tongues,
Primo Smoked Beef,
"Diamond" and "Orange" brand Hams,
Elm City Breakfast Strip..?,
Elm City Sugar cured Pickled Round??,
With full supply or standard and fancy
Groceries, Spices, Ac, at low prices.
June 2H GEO. KYM MERS.
Irish Champagne!
YES, IRISH CHAMPAGNE! Why not?
Was not thc great Apostle of Temper?
ance, Father Mathew, au Irishman? Still,
were he alive to-day, he would quaff a cup of
this beverage, and, smacking his lipa, bless
tho man who invented "Irish Champagne."
Thia can be drank with perfect safety by the
Knights of Pythias, Good Templars, or" Bad
Templars, Sons of Malta, Sons of Temper?
ance, or anybody else's sons or daughters,
masons, brick-laycra, chimney-sweeps-in
fact, anybody, particularly those who wear
Orant hats and Greeley hatsi or their own
hats, aro invited fraternally to imbibo (at
your own expense, mind!) thia superlatively
delicious beverage.
This notice would havo been further ex?
tended, but a man borrowed our i ictionary,
and several big words we intended to use afc
necessarily omitted; but when that man re?
turns that Dictionary, the public may expect
to hear from us again.
_ May 18 GEORGE PYMMEBS.
Initial and Monogram Press.
E. R STOKES
IS now prepared, with a Pres? and apper-!
tainmeutn. to manufacture INITIAL PA- I
PER and ENVELOPES tu order, embossed
and in colora, of all sizea and quality. %
ALSO,
Keeps constantly in store ? full uli ck id
Fancy and Staple STA K M RY. BLANK j
BOOKS, Fancy Articles and all (rood* pertain- I
ing to a first class Stat ion. i \ Heure.
April 20
WHEELER & WILSON'S
Sewing Machines.
ri I OHKSX PREMIUM
By Committee of Fractical Machinists.
riHJE simplicity, durability, ease ol nianaee
X ment and great range nf work ol this
Machine hus made il the universal favorite,
and leading family Sewing Machine 1er more
than twenty years, and hence it is no experi?
ment to buy one.
For sale on monthly instalments, second
door below riiiLNix cilice, Col um I is. S. C., by
A. J. PUKKLI Y,
Feb 27 Agent for Plushy A Trump.
Columbia Music Store.
Ly Brand & Son
IliAKE pleasure in calling tho attention ot
_ tho public to au examination of their
STOCK OF MUSICAL MERCHANDISE, con?
sisting of Pianos, Church and Parlor Organs,
Meloeteons, Violins, Ouitars, Banjos, Flutes,
Accord?ons. Brass and Silver Band Instru?
ments of all kinds. Also, Sheet Music anti
Instruotion Booka for every class of Musical
Instruments on hand at all times. Sheet
Music sent hy mail, post paid, on receipt of
price; and all kinds of Musical Goods Bent by
Express, when ordered, lo any part of tho
State, mai ked C. O. D. Good Second-hand
Pianos HIHI Organs for sale cheap, for cash.
Pianos Oigans ?nd Mclodeons tuned anil re?
paired in a satisfactory manner; and will give
especial attention lo Packing. lb moving and
Shipping Pianos lor other pul ties to in.y poin
dei-n ed, at moderate in ices.
All orders promptly attended la ai d >'filia
faction guaranteed to ll. lavurlng u* willi
their patronage Send lor our cai sloane ol
Sheet Music and Sluxira) Meitdiandhe. I .ty?
lor air cet, Citizens' Savings Bank Building,
Columbia, H. C. Nov 7
Everybody ia some authority. If every*
lindy says HO mid so. it must be PO. They say
HKINITSB'SMIMCINLS ure good and inc won li
having.
FOR CASH !
$10,000! $10,000 !
WURTH OF
C1DTEIN? Ai: ITS!
1
AT COST hB TRANSPORTATION
To make room
For Our Fall Stock.
KIN ARD & WILEY,
Dealers io
CLOTHING
AND
Gents' Furnishing Goods.
_July 2H ?___
LOOS
TO
YOUR INTEREST,
AND
Get the Best,
BUT
GO TO THE BEST PLACE.
WE claim to have one of tho finest
Btoclt8of WATCHES, of all best Eng
_ilish, Swiss and American makers. With
Diamonds and other line Jewelry, our stock
is largo, and wo are going to sell tho Goods,
REPAIRING and ENGRAVING, in al
branches, by thc best of workmen.
WM. GLAZE,
Nov 19 Fnrmorlv Glaze A R?del i fie.
B AR GAINS !
DUXL SEASON !
FINEST
FREMD CASSUIERE PAMS
Made to order
For Twelve Dollars.
?
Twenty i er cent, discount.
NO HUMBUG, !
As we mark everything in plain figures.
BOYS' CLOTHING
At cost-or lees.
STRAW HATS
At a sacrifice.
FIXEST AND CDOICEST SHIRTS
lu the market.
CALL AND SEE
For yourself.*
R. & W. C. SWAFF1ELD.
Orphan Home o? South Carolina.
Kiiginic IluiWlingH lJn re li 11 ?eil.
(fr/ilintiH, Provisions and Money Wanted,
IT.vKE pleasure in announcing to thu pub
lie thal 1 have purchased, of tho Rev. S
I). Jones, the Spartnnburg Female Col log
Buildings and Campus, for tho ORPHAN
HOME OF SOUTH CAROLINA. Tho build?
ings are capable of acccmraodating about 230
children. 'J lie Homo will bo opened at the
close of the present session of tho College, i.
e., 15TII NOVEMBER next. Applications lor
tho admission of orphans must bo sont to me.
Destitute) children, bereft of both parents,
will bave a first claim on tho institution; those
bereit of father next, Ac. When any of the
children exhibit extraordinary mental apt?
ness, wo prouoeo to give them a collegiate
education. Th ero will be a Sunday and Dav
School; also, an Industrial Department in
connection with tho Home. Address
IC. C. OLIVER, Agent,
Aug 1 Imo Spartanbnrg C. H., ?. C.
How tho World was Peopled.
ETHNOLOGICAL LEOTURE. By Rev,
Edward Fontaine. $2.
Thoughts upon Government. By Arthur
Helps. 12 25.
Roughing lt. By Mark Twain. Illustrated;
full of fun.
At Hume and Abroad. By John T. Kennedy
Foster's Lifo ol Charles Dickens. $2.
Taine's Notes on Kngland. t2 50.
Pro-Historic Times. By Sir John Lubbock
Popular Life of Gen. B. E. Lee.
And other new publient ions, foi sale at
Juno 8 R. li. BRYAN'S Bookstore
Motz's Celebrated North Carolina
CORN WHISKEY.
Til AVE a lol ol Ibo above WHISKEY ou
bund, and hut h:g made arrangement!! te
titke H ll Whi.'kc) niKiiufaetuied b\ Motz, will
coiiMtuniU ?,11 ti ?1 on build. Csu on Iv ko liad
at W. J. BLACK'S,
Man i. : (imo Charlotte. N. C.
Everybody is praising HKINITSU'S MED?
L'INKH. * Illspilln aro in i'verjbody's monti;
cures '.iver complaint.
Ia thc Com men Plea?-Rich land County*
T. J. & H. M. Gibson and others vs.
Niles G. Parker and others.
A preliminary injunction wus grunted
by me on the first day of Jone last,
restraining the respective County Trec
surers from piying out any funds in
their bande, standing to the credit of tbe
Stute Trensurer, to persons having cer?
tain demands against thu Stat H Treasu?
rer. This injunction was bused upon
the ground tbat County Treasuiers weis
bound to transmit uh moneys received
by them, on accouut of the Stute Trea?
sury, to the State Treasurer, and that
they could not lawfully disburse the
money of tho State in payment of de?
mands against it; that by the Constitu?
tion and the statutes passed thereunder,
the legal responsibility for disbursing
tho public moneys of the State rested
upon the State Treasurer, and conld not
be devolved on the County Treasurers.
At the same timo that the foregoing
injunction order was made, an order was
niuo made for the defendants to show
cause why an injunction should not
issue against the Stute Trensurer, in pur?
suance of tho prayer of the complaint.
Tho hearing and this order was conti?
nued by adjournments until the 29th of
July, at which timo counsel were heard
in behalf of both parties.
The complaint demands that a preli?
minary injunction bo issued against the
State Treasurer, enjoining and restrain?
ing him, QB follows:
1. From paying ont any moneys arising
from taxes assessed under the joint reso?
lution of March 7, 1871, for any pur?
pose, other than tho payments autho?
rized by the general Appropriation Act
of March 13, 1872, until the purposes of
that Act are fully satisfied. A similar
demand is made as nflVeting moneys de?
rived under tho resolution of 23d De?
cember, 1870, based npon the general
Appropriation Act of 1871.
2. From issuing or paying any duo
bills or notes, as Treasurer, under thc
joint resolution of March 12, 1872, and
from paying any pay certificates of the
per diem and mileage of members cf
General Assembly, or subordinate officers
thereof, under tho following Acts, viz:
December 23, 1870, December 21, 1871,
February 5, 1872, and March 4, 1872r
until the specific appropriations made by
the general Appropriation Acts shall
have been fully paid, and there shall bo
fonnd in tho Treasury moneys "cot
otherwise appropriated."
3. From paying any accounts drawu
upon the joint certificate of the Clerk of
tho Senate and the Clerk of the House
of Representatives, for permanent and
current printing, under the Act of Janu?
ary 23, 1871, and the joint resolution of
November 29, 1871, until the specific ap?
propriations shall be satisfied.
4. From drawing any draughts upon
the County Treasurers, or endorsing any
pay certificate of members of General
Assembly, or subordinate officers thereof,
for the purpose of having the same poid
by any County Treasurer, and from pay
ing at tho Treasury, or drawing on tin
County Treasurers, for the purpose o
paying any account for current or per
maueut printing.
Tho plaintifl's demand for an injune
tion is placed on thu ground that then
is no authority of law warranting tin
Treasurer in making full payments ot
account of any demand, either for legis
lative expenses, embracing the per dien
and mileage of members of General As
sembly, or subordinate officers, or inci
dentul expenses thereof, or for curren
or permanent printing of the Genera
Assembly, or for the republication of th
i tat utes of this State. . It also ussnme
tho position that a Treasurer hos ni
authority to borrow money, on the ere
dit of the State, for the purpose of pay
ing such chums for legislative expense*
and that the issue of notes or bills b
him for snms of money so borrowed i
unconstitutional and void, and, accord
ingly, he may be restrained from eithe
making such issues, or paying out c
public moneys any such notes, or bills.
The first questiou that will be cons
dered is that uffecting claims on nccoiu
of legislative expenses, exclusive t
printiug, dither permanent or current.
Under tbe existing law, the validity <
claims on uccuiiut of the per dion au
mileage of members, the pay of subord
uate officers, ami incidental leginlatii
expenses, ure vouched and nut lienticatt
by certificates of the presidh g ellice
of tho respective houses of thc Genei
Assembly. The expenses of the Sena
nro certified by the Prendent of th
body, and of the Uoti.sc of Represent
ttveH by the Speaker, while joint e
pensen of tho two bo ll ries are ccrtifii
jointly by such presiding officers.
Certificates of this character have bot
issued to a large amount, purporting
cover expenses ol the sessions of 187
71 and 1871-72. A portion of tho cer
acates issued for the session of 1871
remain unpaid, while payments ha
been made, during the present fist
year, commencing on the 1st of Novel
ber, 1871, on account of both of the
classes of certificates.
It is thought necossary to icqu
whether tho Treasurer has the author
>l law to apply moneys received into t
State Treasury, during the current fist
year, to either or both of these objeo
and if so, whether that authority bas 1
nome exhausted as to either of snob <
jects, by payments to the extent anthi
ized by law. We will, in the first pla?
examine the Aots and joint resolatic
slaimed as authority for the making
such payments, and next look to the t
tion that has already been taken by 1
Treasurer, and then consider the varie
questions of law arising out of such A
ind resolutions, in their bearing on I
-tate of facts disclosed, with a view
determine what powers still remain
the Treasurer, and what powers are i
lioufted and gone.
The joint resolution of March 7,18
14 stat., 70G.) authorized the levy o
ax of "seven mills on the assessed va
il tho tnxablo property of the State,'
neet the appropriations for the fis
rear 1871, commencing on tho 1st of I