The daily phoenix. (Columbia, S.C.) 1865-1878, December 06, 1872, Image 3
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. Maeder'e ro?
mantic seneational drama,
"Oriana,"
Written especially for Mies BEBNABD, in
which sbe assumes three distinct characters,
introducing Hongs, Dances, Banjo Solos,
Irish Jig and Dutch Impersonations, making
six complete changes.
Mr. D. L. MOBBIS, the unrivaled Dutch
Actor, in a screaming Dutch Farce.
?ar A FIHHT CLASS COMPANY, "eft
Admission $1; reserve seats 91.25. Change
of bill nightly. Beserve seats for sale at
Hall. For particulars, see small bills.
Deo 6 3 J. F. HEBNE, Agent.
DOORS,
SASHES,
BLINDS,
WOOD MOULDINGS, STAIB BAILS,
NEWELS AND ALL KINDS OF
FANCY GLASS.
LARGE STOGK. LOWEST RATES
ORDER WOBK SOLICITED.
Stud for estimate and price list.
KKOOH .Si 'I'HOHNE.
251 and 23G canal STHKKT,
Dfi lv new tobe city.
BELL SCHNAPPS,
Distilled by tho Proprietors,
AT SCIII EDA .11. IN HOLLAND.
AN INVIGORATING TONIC
AND MEDICINAL BEVERAGE.
Warranted perfectly pure, and ftoe from all
deleterious substances. 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.