University of South Carolina Libraries
iKum?B, pj^pP| 5. rrrT?? Newbory port gaa works exploded t/>day.; seven pe.-aone w*ere instantly killed and many injured. London, December 5.?HanB Christian Andersen, the . woll-kuown Danish poet and novelist, Ib seriously ill. He ib now in bis sixty-seventh year, i ? The steamship Maine, which arrived at Southampton, reports having spoken, on the 30th nit., the steamship City of Bristol, from New York, November 21st, .for Liverpool. The City of Bristol was lying to at the time, without steam; and upon being asked if she required any assistance, answered "No." Charleston, December ?..?Arrived? Steamship Champion, New York. Boston, Mass., December 5.?The Legislature has leased the old South Church for poBt office purposes. [Ply month Book will be leased next ] Rev. Dr. Haight, of New York, has been elected Bishop of the Protestant Episcopal Church of Massachusetts, vice JSastburn, deceased. - Halifax, December 5.?The steam? ship North America put into Sydney, O. B., short of obal. Salt Lake, December 5.?Full ad? vices of the diamond swindle show that Californians lost $2,000,000 and New Yorkers $700,000. ? ? New York, December 5.?Thesohoon er L. Marebison, from Wilmington hither, ia ashore at Rookaway. Ben. Wood, of the New?, has sub? scribed $1,000 to the Greeley press fund. Other subscriptions are reported, includ? ing $100 from John Mulally, of the Me? tropolitan Record. It is stated that the Government agent for the investigation of consular ac? counts ia Europe, was one of the hea? viest loaers by the failure of Bowles Bros., of Paris. Jefferson City, Mo., Deoember 5.? The electoral oollege voted Gratz Brown o, uauuiiu&a u, XJix im x7&Y1S San Fbanoisco, December 5.?Tho famouB Stauton ruby, valued at $250,000, proves to be a soft garnet, worth $100. . Washington, December 5.?The House passed a bill to admit building material in Boston free; then took op the bill for the ten sloops of war. ; . Sumner asked, on account of ill health, to be excused from Service on any oommitte, Rioe tried to cnll up his resolution, asking tho President why troops have boon,' or are to be, sent to Arkansas, but EdmondsobjeeUd. i?oo>? roy introduced a bill to prohibit the sale or manufacture or importation of intox? icating liquors in the District of Colom? bia,\ pr iu, the Territories. Morritl, of Vermont, called up the bill on the en? dowment of national colleges, and spoke on it. New Ohleans, December 5.?Go v. War moth hps issued a proclamation nar? rating the results of the. election'. The proclamation closes us follows: "Now, therefore, I, ? H. -Clay Warmqth, Go? vernor, do issue this, my proclamation, making known the.result of Baid elec? tion aforesaid, and command all officers ....i -?ifehin n.? <ji..ii. }\? TjKnlai ...... j...n?WUIU Ll.V. W.H.V V,. ^ ...... - -. ana to take notice and respeot the same." An extra session of the Legislature con? venes Tuesday. Albany, N. Y., Deoember D.?Tho re 8ort of the commission to amend the onttitntion was adopted. On motion of Eraatus Brooks, resolutions of eulogy and regret for Greeley were adopted. Cincinnati, December 5.?Grey Eagle, of the Louisville aed Henderson line, was sunk to-day. Value '$65,000; in? sured in Louisville for $40,000. Washington, Deoember 5?Evening. In the Senate, Cameron gave notice that he would, at an early day, call .up the bill in relation to the French spoliation claims. Probabilities?In the North-west, and thence over the upper lakes aod South? ward to Arkansas and Tennessee, rising barometer, South-westerly to North? westerly winds, generally dear weather and lower temperatures. Ia the lower lake region, South-westerly winds, in? creasing pressures, and colder and partly cloudy weather. In the Middlo and Eastern States, and along the lino of tho Canadian stations, South-westerly to North-westerly winds, clearing and colder weather, with higher barometer to-mor? row. In tho Gulf aud South Atlantic States, clearing weather and occasional light rain, with Northerly winds, in? creasing pressures and lowor tempera? ture to-morrow. Col. Frobel; Commissioner of Georgia for the improvement of tho navigation of the Ohio River and its tributaries, is hero. He will interview tho President Saturday. Commissioners from twenty one other States are daily expected, and a formal meeting will bo hold at an early day. Committees are in this oity from the two Legislatures churning legality in Alabama, for the pnrposo of represent? ing to the authorities of tho General Government their respective claims to its favorable consideration. The com mittoo appointed by Governor Lewis, consisting of Messrs. H. H. Smith, R. M. Reynolds and B. W. Norris, to lay before tho President and Congress a me? morial and joint resolution, to-day, ad? dressed a note to tho President upon tho subjeot of an interview with him; in re? sponse to which tho President replied he would prefer they should first confer with the Attorney-General, and, in con? sequence, they will to-morrow havo a oonferonce with Judge Williams. A oommittee representing the Capitol Le? gislature will mako n statement of their ease on Saturday. Whilo tho Attorney Gonoral will give full atteution to every matter presented by these committees, he will not render any opinion, or take any other action therein; and the fixed determination of the Government is not to interfere in tho condition of political affairs In Alabama, unless something should arise, under the Constitution of tho United States, which shall render necessary Ww in tu i wtHw uf Peduisl anthority^, ? , -* t Jflfllio ? I In the House, lulls were introduced to incorporate a, banking Meoqlation/, with a capital of $100,000.000. under tho style of the Governors* ?nd Managers' Erobeqaor' Of, the Halted States, V*ud giving Meade's widow a pension of $2,000. Tho ten sloops of-war bill was resumed. Archer, a' member of the Naval Committee, advocated the'bill as a matter of necessity, the navy of the Uuited States being now in a rotten and ruinous condition. He admitted that there was nothing to be feared from the great powers; but the people whom it was desired to impress with the great? ness of this country were the semi civilized nations of the world. It wa* for that object, more than, any other, that these vessels were required. The Hones then proceeded to vote on the bill and amendments. Hall's amend? ment, requiring half the number to be built in private ebip yards, was agreed to. An amendment, offered by Banks, to modify the provision in regaid.to guns so as to make it read "not exceed? ing ten guns;" was agreed to. Gar field's amendment, requiring plans and estimates to be reported to Congress, and an appropriation made before the work is commenced, was agreed to. Ooxe's amendment, reducing the number .of vessels to be oonstrooted from ten to six, was also agreed to. The bill, as thus amende J, was then passed. A mo? tion to adjourn to Monday was made and defeated. Carpenter succeeds Fenton, Edmunds succeeds Trumbali, aud Hamlln succeeds Blee, in the chairmanships of their com? mittees. Only one minority representa? tive is allowed on the prinoipal commit? tees. Bayard remains on the Financial, Fenton retiring. Tharman is Chairman. Land Claims ib the ouly committee over which a Democrat presides. Schurz re? mains on the Foreign Relations Com? mittee, Caeserly giviug way for a Jpluce on the Pacific Bai I roads. Nominations?Ward. Hunt, for the'Su prerrin Oourt: James L. Orr. of South Carolina, as Minister to Bussia. Moktqombri, December 5.?The Capi? tol body balloted I for Senator without result, and adjourned till to-morrow, owing to the death of a member elect, who bad not taken his seat with that body. The Court House body did no? thing but meet and adjourn; one of its members (Bennett) having died during the night. This makes two deaths siuce the meeting of tho Legislature. Sena? tor Spenaer left this morning for Wash? ington. FrrrsnaBG, Decembor 5.?A meeting of the Western Iron Association reduced the price of iron to $12 per ton; nuils fifty cents per keg. A recent decline in pig iron accounts for the decline. San Francisco, December 5.?The Colorado diamonds fields are certainly bogus. It was a great swindle. The grand jury has the matter in charge. Financial ana <j<i m me ri: I a I. Columbia, .S. O, December 6..?Sales of cotton to-day 112 bales?middling . London; Deoember 5?Noon.?Con ?ols91%@91)?. 6a 81. PflAnrtrviii-, i/nuouiuci v???asGTsSS LrvenrooD, December 5?3 P. M.? Cotton opened firm and is now strong? uplands 10; Orleans 10%; uplands for February 9%. London, December 5?Evening.? Bullion inoreased -?125,000. Pabis, December 5.?Bentes 53f. 2c. LrvsBPooii, December 5?Evening.? Cotton closed strong?uplands 10; Or? leans 10>4@10.%; uplands for January New York, December 5?Noon.? Stocks firm. Gold dull, at 12J?. Money firm, at 1-82 per cent, per day. Exchange?long 8%; short 10)?. Go? vernments and State bonds dull bat steady. Cottou qaiet; sales 2,113 bales ?uplands 19>?; Orleans 20. Flour un? changed. Wheat quiet and very firm. Corn steady. Pork dull, ut 1G.0O. Lard dull?steam 7%@8Jj,. Freights firm. 7 P. M.?Cotton steady; sales 3,272 balos?uplands 19)?; Orleans 20. Flour in moderate requost and unchanged. Whiskey activer, at 94@9i??. Wheat 1 @2o. better, with light supply?winter red We.?torn 1.63@1.70. Corn a shado firmer. Bice dull, at 1%Q?%. Pork dull and lower, at 15.25(^15.50. Lard weak. Freights firm. Money closed at 7 and a fraction commission. Sterling weaker, at 8)<@8*i,'. Gold 18JB'@13J?. Governments advanced ^@^e?- States dull but steady. Tennessee* firm, at ad? vanced rates. Cotton?net receipts to? day 801 balos; gross 5,186. Sales of fu? tures 9,750 bales: December 18J?, 18 15 10; January 18 1516, 10; February 19?$, 19 5-10; Maroh 18?6, 18 7-10; AprillO^; May 19%; June20 3-10, 20,'^. LouisviiiLiE, Deoember 5.?Flour, corn und lard unchanged. Whiskey firm, ut 88. Sr. Louis, December 5.?Flour quiot aud unchanged, with only local demand. Corn dull and unobanged?No. 2, mixed, 28, at East St. Louis, on traolt. Whis? key scarce and higher, at 92. Pork un? changed, at 12 50. Bacon nominal? shoulders 6; dear sides 9%. L^rd lower ?prime steam 7, for January. Cincinnati, December 5.?Flour in good demand and firm, at 7.00. Corn iu fair demand and steady. Pork nomi? nally unohaugod. Lard?kettlo render? ed nomiually 7)4; nothing doing; sales of steam at 7.20 per owt.; generally hold at 7.25. Bacon iu fair demand for sides; shoulders dull und unohaugod. Whis? key firm, at 88. Savannah, December 5.?Cotton firm ?middling 185?"; sales 2,093 bales: stock 78,970. Norfolk, Docomber 5.?Cotton firm ?low middling 18; receipts 1,954 bales; sales 300; stock 9,217. MoniLB, December 5.?Cotton quiet? middling 18%; receipts 2,263 bales; sales 900; stuck 36,216. Baltimore, December 5.?Cotton firm?middliug 19; receipts 192 bules; sales 760; stock 7,223. firm?middling 18^@18^; low mid? dling 18,^@18^'; reoeipts 2,480 bales; ?ales 1,000; stock 84,159. Boston, Deoember 5.?Cotton strong ?middling 20;<,rcceipts 1,758 bales; sales 400; stock 3,500. , >;; Galvshton, Deoember 5.?Cotton firm ?good ordinary 1G*^; receipts 2,219 bales; sales 3,100; stook 65,407. Philadelphia, December 5 ?Cotton ?quiet?middling 19XQ19%. . Augusta, Deoembero.?Cotton in mo? derate demand?middling 18; jreosipts 1,009 bales; sales 1,000. Wilmington, December 5?Cotton firm?middling 18)?; receipts 142 bales; sales.55; stook 3,155. New OniiEANs, Deoember 5.?Cotton in fair demand?good ordinary 17>?? low middling 18%; middling 19JB'; receipts 16,958 bales; sales 2,700; stook 194,392. j The New York World publishes a list of persons missing iu tbat city siuce August, with fifty-two names. It adds that iu spite of the efforts of both police and pnblio and private detectives, and in nearly every ouse of a lavish expendi? ture of money, the veil over tboae lives boa not beeu lifted; they have stepped out of the world to all intents and pur? poses. Nodoabt.the liat contains the names of tboae who have absconded, who have had cogent reasons for getting out of the way; of. kidnapped boys and youths, of girl* who stopped from au open path of honor into tho slums aud by-ways of shame. But after calculating tbat four-fifths of those mentioned are voluntary or compulsory absentees, there remain ten or a dozen lives which havo been snuffed out most mysteriously, aud whose manner of passing away is jea? lously guarded as a dread secret by the river and the street. The following is a statement of the United States currency outstanding at this date: Old-demand uotos, $84,887.50; legal tender notes, new issue, $101,401,182; legal tender notes, series of 1869, ?253, G5?.074; oue-year notes of 1863, $99,840; two-year notes of 1863, $34,150; two year coupon notes of 1863, $31,800; compound interest notes, $530,010; frao tional currency, first issue, $4,377,254.78; fractional currency, secoud issue, $3,180, 687.01; fractional currency, third issue, $3,757,671.46; fractional ourreuoy, fourth issue, first series, $20,394.772.87; frac tional currency, fourth issue, second se? ries, $12,016,303 -total $41)2,607,632 62. Pkobable Poisoning.?A littlo daugh? ter of Mr. Hntson, the foreman of the Savannah and Charleston Railroad work? shops, situated in St. Audrew's Parish, died a few days ago iu a sudden aud un? accountable muuuer. It is presumed that she ate some poisonous herb or berries while waudering through a piece of woodlaud near the shops. She was only about five years old. 1 Charleston' Nates. Phbsent to the Venebable Apostle ot Methodism in Georgia.?Last Sa? turday, his Excellency Governor Smith, of Georgia, presented * the venerable aud widely beloved Dr. Lovick Pierce with a handsome gold-headed cane. This is a delicate and deserved tribute of respect to a Christian citizen who holds high estate in the appreciation of many thousands of bis fellow-citizens. Tbemendous Blast.?The Richmond Granite Company, Bays the Enquirer, have just made one of the largest blasts on record, having secured a solid piece of stone of excellent quality, sixty feet long, fifty feet deep aud forty-six feet wide, measuring 138,000 cubio feet, and weighing 11,500 tons or, 23,000,000 pounds. Bently Acquitted.?Iu Fulton Supe? rior Court, ou Tuesday, the jury in the trial of Moses H. Bently. charged with tho murder of Malcolm Ciaiboruo, a negro member of the Legislature, iu 1868, returued a verdict of not guilty. Bently was a colored attaches of the Legislature, and tho killing, it will be remembered, took place in the Capital building. Tho gin-house of Mr. James Born, near Lithonia, ou the Georgia Railroad, was burned on the 28th nit., together with thirty bales of cotton, 100 bushels of wheat, the samo of oats, and 1,000 bushels of cotton seed. A match in the seed oottou is supposed to havo caused tho fire. Loss $3,500 to $i,000. No insurance. A terrible casualty occurred at Gra? ham's, on tho South Carolina Railroad, on the 29th nit. Tho wife and daughter of Mr. R. II. Martin were burned to death. It appears that tho clothing of tho young lady caught firo in the cook room, and the mother goiug to her assistance, had her clothing ignited also. Small-Pox in Nonni Caholixa.?Tho Wilmington Journal learns that tho small-pox is still raging very violently near Summervillo, Ilaruett Couuty. Much distross is resulting. At list re? ports there had been twenty-seven oases and eight deaths. The disease was brought from Baltimore. There is said to bo a haunted house in Trndd street, Charleston. Brick-bats, coal and old boues uro throwu about mys? teriously, and the colored folks in tho vioinity are terribly exorcised. Mrs. T. C. Gower, of Greenville, do parted this lifo on Thursday, tho 28th tilt. Mrs. Lod Hill died at Ninety .Six on the 2d inst. In tho libel euii of Hopworlh Dixon vs. tho Pall Mall Gazelle the jury award? ed the plaintiff damages to the amount of one furthing. It is claimed that no murder his 1>< en oommitted in Frankfort ou-the-Mtiiii for 100 years. St. Louis aunnally brews 351,207 bar? rels of lager beer, requiring tho consump? tion of 1,001,0110 bushels of barley. It costs $10,000 a day lo play tho Ver? sailles fountains. The epizootic has appeared in Chester, but iu mild form. -www? affixwir oa-nt^vtfum mnrtr decision relative to the revenno bomleorip, rendered on the 3d instant: The State of South Carolin* ex relations Edwin F. Gary, aa State Auditor. plaintiff, against Ni'.efeQ. Parker, as State Treasurer, and others, aa County Treasurers. The complaint in this action, filed June 1, 1872, prays, for reasons therein stated, that the Btate Treasurer be enjoined from loaning and nutting in oUoulatiun oertain Treasury certificates, known as revenue bond scrip, and that the said Btate Treasurer and the County Treasurers be enjoined from receiving ouch revenue bondjsorip in payment of taxes then dae, or afterward* tu he loviod, and from paying out the same. An order was, therefore, issued by Mr. Associate Jaatice Wdlard, during the absence of the Circuit Judge from tho State, requiring the defend? ants to abow cause beforo him why the in? junction prayed for should not be grantod temporarily, and granting an injunction dd interim. Upon the return day ot the order, the temporary injunction' was granted. By conaent of parties, the oautie was brought to a bearing on the merits before me. at cham? bers, on the 9th. of November, ultimo. On their petition, aud on motion of Messrs. Bion aud Magrath, John P. Southern, Edward B. Wesley, and otL*rs, holders of "revenue bond scrip," were m .do parties defendant therein. The argument was then heard, Messrs. Pope A- Haskell appearing for the plaintiff, aud Meaare. Chamberlain and Magrath and Bion for the defendanta. To the deoieion of the issues involved, it is necessary to premise that by an Aot of the General Assembly, ratified 15th September, 1868, the Comptroller-General was required to endorse- the guarantee of the State upon oertain bonds of the Blue Bidge Bailroad Company, to an amount not exceeding $4,000,000, with tho proviso that "the said bonds, or any part thereof, ehall not be used unless npon the express condition that upon application to the Congress of the United States, or to private capitalists, the amount of $3,000,000 in currency, or ho much of that uum as'may be necessary, ehall be furnished in exchange, or upon security of said bonds." By & subsequent Act, approved 7th March, 1871, entitled '*An Act to promote the consoli? dation of the Greenville and Columbia Hail road Company aud the Mino Ridge Bailroad Company," this proviso was repealod. Iu accordance with the Act of 1868, 4.000 bonds, ot $1,000 each, wero issued, and the guarantee endorsed thereon by tho Comp troller-GeDoral. Of these CUO wero placed in the hands of Mr. H. H. Kimpton, Piuancial Agent of the Statu iu New York, and the ba? lance, 3,-100 bonds, went into the bauda of other parties, mainly io Nnw York, who hold them as collateral oeourity for loans made to the company, ot those bo held 2.435 bonds wero in the hands of parties to whom they were pledged for a loan of $300,000. By aa Act passed March 2, 1872, entitled "An Aot to relievo tho Statu of South Carolina of all liability for its guarantee of tho bouda of tho liluo Hidgo Bailroad Company, by pro? viding for tho sacuriug aud destruction ot the Maine," it was provided, first, that tho Finan? cial Agent should immediately deliver to the State Treasurer, to be canceled, all ot said bonds in his ponsassion; BOcond, that upon the surrender by the railroad company to tho Stato Treasury of the balance of tho bouda, the State Treasurer should deliver to tho Pre? sident of the said company Treasury certifi? cates of iudebtodness, styled revenue noud scrip, to the amount or $1,800,010; and it tho company should iot be ablo to deliver all ot the bonds at one timo, tho Treasurer should deliver to him such amount of such Treasury certificates as shall bo proportioned to the amount of bonda delivered; third, that to carry out tho purposes of the Act, the State Treasurer was authorized aud requested to have printed or engraved these certificates, to be known and designated as revenne bond scrip of the Stato of South Carolina, in such form, and of Bitch denominations as may be determined on by him and tho President of tho company, to the ainouut of $1.500,000, to bo signed by the Treasurer, aud to express that ''tho suui mentioned therein iu due by tho State of South Carolina to the bearer thereof, and that the samo will be rooeived iu Eayment of taxes aud all other dues to the tato except special tax levied to pay interest on public debt;" fourth, that the faith and funds of the Stato aro hereby pledged for tho ultimato redemption of said roveuue bond scrip;" that tho County Treasurers shall re? ceive the same iu payment of all taxes except those levied to pay iutorest on the public debt; that tho stato Treasurer and all other public officors shall receive the name iu pay? ment o! all dues to the State; that an annual tax of thro i mills on tho dollar shall be levied for tho redemption of the said scrip; and that tho State Treasurer shall annually retire one fourth of the amount of said scrip, and apply to such purpose exclusively tho taxes so re? quired to be leviod; fifth, that tho Stato Trea? surer be authorized to pay out the scrip re? ceived into tho Treasury iu satisfaction of any claims against the Treasury, except for inte? rest on tue public debt; sixth, that whenevtr the whole number of the said guaranteed bonds should bo doliverod t> the Treasurer and canceled, the lieu of the State upon tho property of tho Blue Bidge Uailroad Company should be forever discharged; aud that should the company, from auv cause, fail to deliver all of said bonds, such lion should be dis? charged to au extent proportioned to the amount ol bonds delivered. Uy "Au Act to make approprialioiiu and I raise supplies for the fiscal year commencing November 1, 1s71," it was provided "tbat all taxes assessed aud payable under this Act shall bo paid iu the following kinds of funds, viz: Bills receivable of the State, Uuited States curroncy, national bank notes, revenue bond scrip, gold and silver coin." A temporary i-aue of several denominations of this scrip was main, printed with ordinary type, till ordinary paper, without my aeui blunca to a bank bill, for which was to bo sub? stituted an insuo io bo printed on steel by a bank note printing company in New York, en soon as it could bo prepared. The form of the temporary issue was as follows: $5 00. HKVKNUE MONO SC till'. $.") 00. Tho State of South Carolina, Columbia, March, 1872. Receivable an five dollars in payment A all taxes and dues to the State, except special tax levied to pay interest on tho public debt. NILE:* G. PA UK Bit, State Treasurer. The permanent issue was subsequently prepared with viguottu, dies, medallions, and other devices, to prevent counterfeiting, exactly resembling a bank bill, with the same words on the face, and, in addition, on the reverse, tbosu words: "Issued under an Act to relieve the Stato of South Carolina of all liability for its guarantee of the bonds of tint Sine Bidge Bailroad Company, by providing for tho si curing and destruction of the same Paused March 2, 1872." The entire insue ut bonds, with tho excep? tion of feix, (that is to say,3,3'JI bonds,) were delivered to tho State Treasurer for cauuolla* t.ou, and tuo corresponding amount of scrip? $1,706.823 53?Was, (run Inno to time, deli? vered to tho "resident of the company by the Troasurer. The money for tho redemption of tlio hinds, plod god as lioreinbpfore stated, for tlio loau of f J'JO.llOO, was furnished to the President by one K. If, Wesley, of Now York; and tho bond scrip, issued upon their sur? render t j tho Treasurer, was pledged by the company to Wesley, aa security for the amount so advaneud. Others of the bonds wero re? deemed by Substitution of scrip and by mo? neys procured by pales of tho scrip. T'UCeO transactions wnro all made with the tempo? rary issue, which was, in a largo mea? sure, taken up by the Hubatitutinn of the permanent i-iatio, prior to the filing of this complaint in this action. It was admit? ted that i ho consolidation of the Greenville aud Columbia Bailroad Company, as provided for by the Act of March 7, 1871, has nut been effected, aud that none of the guarantee 1 bonda of the Itlue Bidge Uailroad Company tt??-ttr<tOTW?t tie date oTYfRira; 1873tU was buk) admitted that the defendants, J. P. Southern And others, were holdere of bond, scrip, and had aoqdb-ed the urns for value before the filing of this complaint. On the part of thejdefendants, it was proved by the testimony of several bankers sad merchants, tbat, la their opinion, the reve? nue bond scrip could not circulate as msney; it would not be received or paid out by banks as money; and thai, in exohange for msr obandise, it would not be received otherwise than by way of barter, at a valuation to be agreed upon between the bayer and seller. Tlds testimony was received without actual objection, upon the condition tbat a formal exoeption be entered on the part or tbe plain? tiff. Upon this statement of taots, questions I of law arise, which, whether we regard their importance to tbe parties and to tbe commu? nity, or tbe difficulty of their solution, should receive the most earnest and elaborate consi? deration. Buch a oonsideration is due as well to the unusually loarned and exhaustive argu monta of counsel. It in. therefore, with great regrot that i find myself compelled to decide, the issues involved, after a hasty and utterly inadequate deliberation, embarrassed by other and equally urgent duties, and to an? nounce my oonolusions without a dieoueeion of the arguments by which, however involved in doubt, thoy have been reached. In regard to the main isene, however, no? thing of value could be added to the opinion of Mr. Justice Willard, upon the preliminary hearing. In arriving at my conclusions, I have not deemed it pertinent to ooneider the equity which may exist as between the Btate aud holdcrB of "revenue bond scrip," arising from tho surrender of the guaranteed bonds. If an obligation exinta involving the faith of the State, it rests upon tbe legislative and not with tbe judicial department of tho govern? ment. And I have deemed it alike foreign to tho issues presented to pasB upon tho mo? rality or the justice of this legislation, which, without consideration and without benefit to the State, aeuka to impose an additional and grievous burden of debt upon the people. 1. Tho action may be maintained by the plain? tiff as State Auditor; sod all parlies uecoa ?ary to an adjudication of the issues of modo are before th , court. 2. The "revenue bond scrip" is a "bill of credit," within tbo mean? ing of Section 10, Article 1, of tbe Constitu? tion of tho United States; and tbe Act of the General Assembly of this State, approved March 2, 1872, so far ?u it authorizes the emission of such scrip, is in violation of tho Constitution of the United States, and, there? fore, void. 3. "The revenue bond scri|r" is not within tho meauiug of Sections 10and 14. Article G, of tbe Constitution of the State of South Carolina; and does not constitute, therefore, an obligation which tho State may direct to bo received in ptyraont of taxes or Other duos to the otaio, or to be redeemed in tho manner by tho said Act. Issued in viola? tion of this State, as well as tho Constitution of the Uuitod Blates, it is wholly unauthor? ized, illegal, and without value for any pur pone whatever. It is, theroforo, ordered, that the injunction heretofore granted against tho State Treasurer and the County Treasurers, as prayed in the complaint, bo, and tbe name is hereby, made perpetual. Tin: Blue Hinan Revenue Bond Scnir? DocTons Disagree.?B. O. MuLuro, Esq., oditor of tbe Chester Reporter, who has, ap? parently, examined the subject thoroughly, tlnn rcplios to tho stricturoa of a cotempo rary: Wo did not entor into tho roaBona which led tho Legislature to pledge the faith aud funds of the State to securo tho punctual payment of auy contracts made by tbo Blue Ridge Railroad Compauy, and to make it tho duty ot tbe Comptroller-Goueral to endorso on the bouds of the company that the faith and funds of tho State were ho pledged: We did not think it necessary for the purpose pfour remarks, nor do we now think so. It suffices to say, that tho bonds were so endorsed, the pledge was made, and the bonds were placed in tbe bands et tho ofiicere of the company. But our friend sayn (if wo do not misunder? stand him) the action of the Legislature therein was void, being in "violation of the Constitution, & power superior to the Legisla? ture." Korr, wiierein was tho Constitution violated? In what article or section is it writ? ten that tho Legislature shall uot plodgo the faith aud funds ot tbe State in aid of great public improvements? Tbe Constitutional Convention did paBs an ordinanoe, March 15, 18G8. "That all Acts or protended Acts of legislation purporting to have been passed by the General Assembly .since tke 20th day of December, A. I>. 18C0, pledginggthe faith and credit of the State, oto., are hereby suspended and declared inoperative, until the Ueneral Assembly shall assemble aud ratify the same." This did not affect tbe Blue ltidge Railroad Company. The first Act authorizing tho guaranty of its bonds was passed in 1854, for ?1,000,000. Tbe Aot of 18G8, declaring certain conditions and provisions of the Act of 1854 impoeaible aud injudiciona, ru-enacts the au? thority to guarantee one millions of bondB, and then in Section 2 authorizes tho guaranty of threo millions additional. Was this uncon? stitutional? Our friend will recollect that in a suit burore Judge Melton, tbo Act authorizing tho endorsement of the four millions of Blue Ridge Railroad bonds was called in question, aud that ho decided in favor of the Act. How easy and prop t it would h ive been for him thcu to have declared it unconstitutional, had it been to. But ho did not. Tho chief condition imposed by tho Act was tl>at tho bonds wero not to bu sold except at par or iu exchange for United States securi? ties. The Act doos not ueo tbe word "Bold," but such is the implication. Tho bonds were not Bold by tho officials of tho railroad com? pany lor less than par, nor exchanged; thoy could not sell nor exchange them on those terms; but they did plodgo or hypothecate them as collateral security for money bor? rowed tor the uses ot the road. Tho Legisla? ture might well have held that this was an evasion of tho-Act; but, at tho aaino ?mo, the Legislature certainly had tho power to wdtve tho conditions it had previously imposed, aud this it did by tho Act authorizing the issue of thu revenue bond scrip. Butoutsulouf its constitutionality, was thu latter Act authoriz? ing tho bond suiip, as a financial arrange? ment, mi "absurdity," a "palpable fraud," or one calculated to highly benefit tho tax paying portion of tho people? Wo hold that it could not but iuure to their benefit, what? ever might have been tho motives of the Le? gislature in passing tho Act; with those, we have, just uow, nothing to do. Tho bouds, with a-.crued interest, payable in gold, amounted at tho tiuio of tho nubslitution of tlx j scrip to $i 800,000; this sum wan .icttlod or com promised with fl.800.ooo ? f bond scrip, a clear reduction of tho liabilities of t ho State to the amount t>f ?3,000,000. Should not the tax-payers feel bettor when thoy know that tho bonds aro canceled,even bytho issno of f I,."00,000 of scrip? But our friend says that the greater portion of tho bouds were hypo? thecated for tho "comparatively trilling loan of 1100,000." lias ho not mnt.'icd ttio facts widely? Duly $140,000? Why, i'attorsOD, tbo | 1'iesidout of tho road, in his sworn answer to a suit, returned ? tho amount as between (700,000 and ?8UO.O00? And then ihcro was Steers' large contract, niado in 1801) for 11,000.000, and which ho might legally have claimed, as his failure to carry it out resulted from no default of Iiis, hut of the company, and which was compromised at f'2.')0,00(l, making over 11,000,000, instoad of M00.OO0, re? ceived by the company by tho endorsement of tho State of its "faith aud fund" on its bonds. Was there no moral or legal obligation rust? ing upon the Stuto to repay money so obtain? ed upon her credit? Wo think there was, oven under the provisions of iho Act, and it we do not mi-Hike our friend, l.e admits it to tho amount of #100.000. So, then, if tho State was h gully and mo? rally bound to the am?ttut of *l,0iK).(ioO, tho se. ip to that anioilpt wm a settlement of that indebtedness, and wo havo loft ?3,800,000 of bouds, principal and interest, at last a con eoriij. t A gc^d finandaj arrangement; we still ooniedd. and ueitMer an "absurdity,*' nor a ''palpable fraud," and one which should re? joice toe hoart of every tax-payer from the ?ovboard to .the mountains. The truth is, that out of moon eril legislation, this bond scrip is the only thing in which we saw much ohaoce of beno?t to iho people of the State. By putting it in circulation it would have re? lieved onr peoplo of the presanre for money, and woald have enabled them to aave twenty or twsnty-flve par-cent, in pacing their taxes. But the State having waived the conditions of endorsement and assumed the indebtedness the Constitution certainly authorised the issue of the aorip. Our cotemporary inter? prets Section 10, Artiole 9, as if it read, "No sorip, certificate or other evidence of State in? debtedness, shall be issued except for the re? demption of stock, bonds or other evidence of indebtedness (btaned' previous to the adoption of this Constitution) or for Buch debts as are expressly authorized in this Con? stitution." Now, we construe the section as if it read, "No - scrip, certificate or other evi? dences of .State indebtedness shall bo issued except for the redemption of'stock, bonds or Other ovidences of indebtedness, issued (pre? vious to the new isane) or for such debts se are expressly authorized in this Constitu? tion." This is the plain meaning of the sec? tion. It authorizes an issue to rsdssua pre? vious issues and an issue for debts authorized by the Constitution. We have other sugges? tions, bnt defer for the present. The contest over the scrip has resolved itself into one be? tween the 8tate officials and the .tax-payers. The State officials fear that they may be paid their salaries in scrip. They prefer green? backs. The tax-payers will be benefit tod, and it is for them we speak. Palmetto Lodge, Ho. 5,1. 0.0. F. THE regular meet? ing of this Lodge will be held in Masonic Hall, THIb (Friday) EVENING, at 7 o'clock. By order of the N. G. B. B. McEAY, Dec 6 1_Secretary. . ?> Survivors' Association of the fitate of 8 oath Carolina. Notice to District Associations. THE meeting of the Survivors' association, of the State of South Carolina, to bo held in Charleston on THUBSDAY, 12th in staut, will assemble at the Hibernian Hall, at 12 M. The annual address will be delivered by Gen. Hood, at 7 P. M. on the same day, at the same place. A. O. HA8KELL, Deo G_Seoretary. Taxes IS a subject of considerable importance to property heldora; bat where to get the best Cigars for the least money, is the thought that prompts all lovers of the weed to call on tho' 'Indian Girl." Tho stock is To Be Increased In a few days to euch an extent as to offer unprecedented inducements to both retail and wholesale customer ft, but now any One calling may rely on saving at least Ten PerXJent. N. B. Every Saturday evening get a supply for Sunday. Dec 0* N O TIC E! Great Sacrifices in DRESS GOODS ibr a i -. ? . ... ?. -i? i 1 ???> ?? few days, at C.F.JACKSON'S. Dec G_ ? ' 6 IRWIN'S H.ALL. Two Nights Only! Saturday and Msnday, Dee. T and 9. Great Double Attraction 1 MISS LIZZETTE BEBNABD, the dash? ing little protean character artiste, the only rival of Lotta, in F. G. 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It is distilled from Daulkv of the finest quality, and the Aboha tio Juniper BekAT or Italy and designed expressly for cases of Dyspepsia or IndigeB tiou, Drop*y, Gout, Rheumatism, General Debility, Catarrh of tho Bladder, Fains in the Back and Stomach, and all discasos of the Urinary Organs. It gives groat relief in Asthma, Gravol and Calculi iu the Bladder, strengthens and invigorated the system, and id a certain preventativo and cure of that dreadful scourgo, PEVEB and Aoox. CAU l'ION 1 Ask for "Hudson G. Wolfb-'s Bkll Schnapps." For sale by all respectable Grocers aud Ape (liecaries. ! HUDSON G. WOLFE A CO., Pole Importers. Oftleo. 18 South William street, New York. Hopt 22 __3mo It Couldn't Contain Us. SO wo havo removed nur eidiro stock from our old quarters, aud aro now occupying our now store, on Main street, near Wash? ington. Thankful to onr patrons for past favors, we cordially Invite them to call at our now stand, where wo will bo happy to serve them. BUOOKBANKS & CO.