The daily phoenix. (Columbia, S.C.) 1865-1878, February 12, 1874, Image 2
COLUMBIA, S. C.
Flattering Unction.
We are conscious that wo have soid
enough on the re-assembling of the
Tax-Payora' Convention. We have an
ewo'red certain objections to it on the
eoore of the expected introduction into
its ooanoils of topics whioh had better
be loft alone for tbe present. We have,
also, in the discharge of the duty which
devolved upon us as journalists, noticed
oertain statements advanood by so-no of
our friends, touching tho pronvioty of
the oonvontion assembling a* the pre?
sent time. A difference of opinion
upon this point, coming from a respon- j
eible and reputable source, challenged
our attention. We treated it with can?
dor, and our comments, we are pleased
to know, were, proporly appreciated.
There is no substantial difference of
view entertained upon the grave matters
whioh force themselves upon tbe con?
servative pnblio opinion. This very
discussion of differences, nioro apparent
than real, as to tho best mode, time and
manner of seeking relief and redress,
will be Of benofit and give additional
effioaoy to the remedies, when they shall
have at last been agreed upon. Whe?
ther the convention meets now or in
October, after tho oleotions, tho only
point of difference between some of tho
Conservative members of tho Legisla?
ture and the general public of the Stute,
?b really a matter of small oonsequenee.
'There is no difference in fundamentals,
?none as ' to the ueceBsity of oarncst
aotion on the part of those who clearly
see the downward tendency of all just
prinoipies of government here, ond tho
danger of . tho widespread corruption
now existing, sweeping with uncon?
trolled force aud demoralizing ourront
through the longtu and breadth of the
State,
In the Union-Herald, of Tuesday, ap?
peared a leader with tho sacrilegious
heading of "The Comiug Messiah."
We are not, therefore, surprised to find
lit destitute of regard for tho truth of
facts, devoid of ingenuous spirit, and
utterly wanting in' true manliness of
thought. Whether designed or not, the
artiolo evinoes a misorable misoouoop
tion of the true question, and an evi?
dent mis-stalemeut of the whole issue.
The Herald hears tho tramp of those
who will hold its party to stem account?
ability for their deeds of folly and
crime. In its alarm, like a drowning
man, it catches at the merest straws.
The natural difference of opinion whioh
may prevail in the ranks of the Conser?
vatives as to non-essential points, is
magnified into a threatening separation
npon vital principles. Aud because,
forsooth, a few of our members charita?
bly attribute to a squad of those who |
n?vn? no Ira(lu'uliuuuo DUUia jmtpuee I
of amendment, beoauso they seu and
?sccg?iz? cthsrs a fearful lacking for
of .troubles ahead, and consequently a
little bettor behavior, because they
think (weakly, in our judgment, but
honestly, we doubt not,) tbe approach
of the campaign will mend their man?
ners, if it do not reform their morals,
because some Conservatives are heard to
say, "We are thankful it is no worse,"
the Herald pretends to rejoice in a disco?
very of a mare's nest of supposed dis?
crepancy of opinion and divisions in
Conservative quarters. Men who eeek
only the right?those who are animated
only by patriotic motives?can afford to
be indulgent and gentle, at the very
time they are preparing to insist upon
the sternest accountability. Because of
this leniency, due in part to personal
association, the Radical organ is not en?
titled to infer or assert that any Conser?
vatives of influence or character arc op?
posed to the most decisive action, and
much less to represent them, even indi?
rectly, as knowing "that tho wholo cur?
rent of the Legislature is directed to
economy und retrenchment." Tlioy
know no suoh thing, aud huve justified
no suoh statement.
Be so good, Air. Herald, as not to put
the Conservative members iu a false
position. Their faces aro not set to?
wards your oampi. They are not tra rel
log your way. No amount of your
flattery can make any one of them a tail
to# your kite. Thero never was, and
there is not to-day, one particle of divi?
sion or d.ifftsance of opinion eituor
among the Conservatives in tbe State,
or their representatives in tho Legisla?
ture, as to tbe existence of enormous
evils, aud of their being of-ft character
at this moment too grievous to be borne.
They know better than others, in fact,
tho heavy burdens whioh crush our
hopes and stifle oar enterprises. They
witness every day almost and are power?
less to obeck or control discriminating
legislation and violations of the Consti?
tution, as well as shamefal disregard of
trusts on tho part of tho Government
Officials, and indulgence in corruptions
and abases, which the people, not. dis
earning bo? nearly, have yet determined
to endare no longer. And representa?
tives and people ?rill bo fonnd one in
effort and pnrpose, as they are one in
intelligence, interest and sense of
honor. The Herald has no moro right
to lay this flattering unction to its soul
than it has to rely upon a "special Pro?
vidence." Its party in South Carolina
is doomed. It is the opprobrium of the
whple country. It is rotten to the core.
Salt cannot save it.
-??-??- ?
The Product Ivo Value or Immigrant
Population.
The remarks reoently delivered by
Hon. W. B. Ogden before the Sparen?
burg and Ashevillo Railroad Associa?
tion, in Charleston, contain a cofnpuct
and instructivo . argument to thu value
of railroads in inducing immigration,
and to that of the effects of immigra?
tion in adding to the population aud
wealth, and promoting tho production
and growth of a country. His facts are
as true a) thoy are wonderful. Tho
oouclusiou to which they load of the
immenso prospective advantages of a
railroad thoroughfare from Charleston
to St. Louis and Chicago, in tho ex?
change of productions between the
North-west and Sooth Atlantic, and in
the opening of linos of stoarcBhips from
Charlostou to Europe, bearing away to
foreign markets the products of the two
sections, and returning with immigrants
to bo established along tho wholo line
of the road, is ono which every intelli?
gent mind mu?t accapt as fairly drawn.
Population will flow in tho other direc?
tion, also, and wo shall havo two steady
streams?one from Europa, tho other
from the North-west?coming in to de?
velop and opon our country. It is our
policy to do all that may bo practicable
to securo those groat benefits; and ouce
the railroad crossed tho mountain bur?
ners, it .vill work its way rapidiy to the
desired terminus. It will soou become
tho most eloquent picador in its own
buhalf. Crippled us wo uro, and ro
duoed as are oar means, tho investmout
in an enterprise whioh will redound bo
largely to tho good of the country, nnd
the dovclopment of its vast resources,
is to bo commended aa eminently wise
and desirable.
< 4 m ?
Answer Charge? Already Jludti.
of all the great and good work which
the Legislature has done, it will not I
tamely submit to thu charges of crime
and wrong whioh tho Tax-Payers' Con?
vention is likely to put forth concern?
ing what it oalls "our Bide of the house."
What the Tax-Payers' Convention will
do, iu the way of statement of the pre?
sent condition of things, their causes,
and the inevitable tendencies of the fu?
ture, no ono has a right to forecast to
its prejudice. Wo expeot it to bo just
aud uuuameini.tj. a.lie ucuubiuu uuinuuUb
no exaggeration. If tho indictment
shall equal the offence, it will cortaiuly
strongly tux the resources of the Eng?
lish language. Meanwhile, wo suggest
to our contemporary to look a little into
tho publications made by Henry Ward
Boecher, Elihu Burritt, and other oarn
eat Republicans of the North, touching
abuses and tho dangers which threaten
Republican government here. The
Herald is roady to protest und demur in
advance against the expected action of
Conservatives, who feel the oppression
of thu State Government and tho shamw
of its corruptions, but it says never
a word against tho powerful orraigu
menl of its party in tho Stale by the re
spcotuble Mr. t ike, lato Minister to tho
Hague, in his remarkable book, "Tho
Prostrate State." Horo is a reality.
What have you to say about it? It is a
work from a Republican huud. It con
tnius nothing but charges. Be so good
as to meot thorn.
-?
Among Du. Jonks' Cokes Yesterday
were Mrs. Heister L. Glymor, of Charles?
ton, who has for years been suffering
with rheumatism and other chronic dis?
eases. The lady wishes her case men?
tioned for the benefit of others, aud
considers her eure wondorfui, after the
best physicians in Charleston had failed.
Another great core was thai of Mr. C.
E. Lartigue, of Blaokville, Barnwoli
County, in this State, a prominent drug?
gist and merchant, who had a serious
deformity operated for with entire suu
cess; and nameroas euros, both in and
oat of the city, have been effected by
him. All ascribe to him wonderful skill,
and several who are under his treatment
for throat and lung diseases express great
satisfaotion at good effeots in so short a
time. His of&oe is private, and none of
his cures are spoken of, unless they re?
quest it or do it themselves. Ho ro
mains with us until the 25tb inst.
Accident and Probable Lobs of
Life.?On Monday, Oapt. Gannon, of
tho island steamer Pooosiu, saw a sloep
belonging to a Mr. Sayers, of Mount
Pleasant, lyiDg bottom np off MaflUt's
Channel. It is supposed that she was
oapsizod by the gale on Sunday night,
and that tho two colored men, George
Yenning and Moses Young, who were
aboard, were drowned.
The Union-Herald
{Charleston News.
Important Xtutt*r from Horn P. I?. Car.
Hcxa, Submitted to tho i.egiil*tur?
Executivs Depapthent,
OojjUMBiA, S. O., February 10, 1874.
To fa Honorable the Senate and House
of Hepresenialtves?GuMTLBMltNi^^ItaTe
the hodor to state that, after transmit?
ting to your honorable bodies my com?
munication of tbe 7th instant, I have,
upon further reflection, deemed it pro
pur that I should again communicate
with you in relation to the matters cud
taineiiin suid communication. Iu view,
not only of the peculiar and embarrass?
ing circumstances surrounding the pnr
ticular case uuder consideration, but of
tho weighty and important principles
involved, and the gravo cousequonces
that may attend upon unadvised aotioti
ou my part, I deairo to respectfully in?
vite your attention to the reasons that
have induesd uio to pursue the course 1
hnvo followed. Governed by no object,
uptuuted by no motive save an earnest
desire to obey tho Constitution and laws
of the State, aud to faithfully perform
the duties of my ollioo, I have felt that
I owed it as a duly to tho Geueral As?
sembly and to the people, that in dis?
bursing the public moneys 1 should
carefully scrutinize each aud every claim
presented for liquidation, and arrest the
settlement of such us may bo proved by
the records of my office to bo irregular,
until tho General Assembly bo informed
of tho facts connected therewith. I have
taliuu this view of my obligations to tho
State, believing that in so doing, 1
am sustained by the Constitution aud
the laws.
Upon an examination of the Consti?
tution und laws of tiio State it will be
found that tho State Treasurer, as the
head of tho financial department of the
oxecutive brauch ol the Government,
bus dutfoH to perform that are, in their
nature and exercise, separate und dis?
tinct from tho legislative department.
En tho main, those duties uro not merely
ministerial, but involve the exercise of
judgment and discretion. He it} u
bonded officer, liable to criminal prose?
cution as well as civil suit for improper
disbursements or a failure to render
proper account of tho moneys entrusted
to his care.
Section 22, Article 2, and Sections 11,
12, 11 and 15 of Article 9 of tho Consti?
tution, prescribes plainly the modo for
tiro disbursements of the public fuuds,
and the roauuor of recording tho trans?
actions of tho State Treasury. Chapter
17 of tho revised statutes also regulates
and prescribes tbo duties of the office of
Stnto Treasurer. It is unnecessary to
recito hero all tbo duties therein en?
joined, but I would simply call atten?
tion to tho language of Section 33 of
suid chnpter, which reads ub follows:
"That the Treasurer shall, at the end of
evory month, report to tbe Comptroller
General an accurate .statement of the
caah transactions of tho Treasury of
every description. Iu tho said report,
he shall state the amount of every sum
of money which be may receive or pay
away in behalf of the State, particular?
izing the person, and his office, of whom
ho receives, and to whom he pays, as
also ou what account bo has received,
and for what purpose ho baa paid such
suras."
Uuder the plain and positivo prescrip?
tions of tho Constitution aud laws, and
in view of the existence of the condition
of facts as before stated, charged, as I
am, with the performance of such im?
portant duties, ^ith such weight cf re?
sponsibilities resting upon mo, with
consequences of tbo gravest character to
myself aud bondsmen, attendant upon
my wrongful acta, 1 may well pause in
the exercise of my functions to iuquire
into the righlfulnoss aud validity of the
claims thut may be presented for pay?
ment, and may well refuse to discharge
doubtful claims, until the attention of
the Legislature shall have boon directed
to such claims. To act otherwise, would
be a manifestation on my part of the
most wanton disregard of the interests
of tho State, and an exhibitiou of rock
loss uucoucoru for tbe rights of my
bondsmen.
But I am aware that, on tho other
baud, it is claimed that the Goueral As?
sembly htiving mado an appropriation
for tho claims against tbo State held by
tho South Carolina Bank nud Trust
Company, I am thereby estopped from
inquiring as to whether tbe claims are
really what they purport upon their face
to be; that I urn neither required nor
authorized to ascertain from tho records
whether or not tho consideration ?
namely, tho pay certificates?which is
supposed to have boen received by the
State in return for the issuance of said
bills payable, were really received and
canceled; and, if so roceived, whether
tho bdls payable prosentod for payment
are really those issued in return for such
certificates. It is further urged that tho
Act of appropriation has finally closed
the question of the validity of the
claim, and that any consultation of tbe
treasury rooords, iu order to ascertain
tho status of such claim, is irrelevant
and impertinent to the case. I nood
not here state all tbo reasons that induce
me to shrink with abhorrenco from such
a doctrine, or tbo motives that impel
mo to record a docided negativo to such
an interpretation of my duties and con?
stitutional powors as State Treasurer.
Suffice it to say, that tho sanction of
such viows would be followed by oonso
quonoes of tho most appalling, daugor
ouh and ruinous character. To take
this viow of the question would be
establishing a very unwise precedent,
that might eventuate in tho payment of
claims of most doubtful legality.
By considering tbe history of these
bills payable, it will bo observed that
the? were made matter of record in tbe
Stato treasury; that tho pay certificates
received wore canceled, the name of tbe
person presenting tbem being marked
on tho bnok of tbo certificate so re?
ceived, togethor with tho amount and
number of the receipt given by said
party, bills payable for tbe same boiug
Issued, bearing a faoo value equal to the
certificates, properly numbered or let?
tered,
Afl stated in my letter of the 7th in-*
slant, I waived the payment of tho bills
payable for 825,000, now in question,
for the reason, that, there being no evi?
dence of exchange, should said claim he
paid, the pay certificates would still bo
liable to be presented for paymont, and
neither the General Assembly nor my?
self would bo able to ascertain whether
or not they had already beim redeemed.
The State might, under thcao circum?
stances, bo called upon to twice dis?
charge tho same obligation.
Lot us briefly inquire into the correct?
ness of the theory that the Appropria?
tion Act works a duality as to the status
of the claim, and thut nothing is left to
be dono but for tho Treasurer to count
out und transfer tho money. There can
In; no question us to the meauiug and
intent of the General Assembly in mak
iug tho appropriation. It can bear hut
one construction, which i3 this, that
only valid claims should bo paid. The
Act was clearly intended to provide the
menus lor the settlement of the claims
of tho South Carolina Bunk aud Trust
Company, that wero legal and binding
on tho State. Tu deny this simple state?
ment, is to assort that the Legislature
intended to make valid an illegal claim
?a proposition that is monstrous in
every aspect. Now, then, tho Legisla?
ture having provided the means of pay?
ment, who is to stand between the State
aud tho claimant? Surely tho State
Treasurer. By looking at the Act eut:
tlod "An Act to make an appropriation
to pay the claims of tho South Ouroliuu
liauk aud Trust Company vs. tho State
of South Carolina," it will ut ouco be
seeu thut the whole mutter of identifica?
tion of said claims, of the computation
of thu interest accrued thereon, ?v.o., is
mad.- the duty of the Treasurer. With
the facts before ine, I cannot compre?
hend in what inauuer it cm l>c main?
tained that my duties in the premises
are merely ministerial.
On the contrary, those duties involve
tho exercise of the fullest judgment ami
largest discretion. It will not do to say
that !ho appropriation ot thu money
gives tho South Ciroliuu Bank and
Trust Company au absolute, vested
right to it; that the moment the Act be?
came a law, the State lost and the bank
acquired full title therein, for th<? his?
tory of our Government, Stale and na?
tional, proves the contrary; for, if f->r
any reason tho appropriation lapsed, the
Legislature would, without doubt, do
what has always been dono by Congress
and by every State Legislature?cover
the money back iul<? tho Treasury.
lu udopting the above views as to the
duties and fuuetions of the State Trea?
surer, I have not altogether bocu left to
my own ideas and judgment. Fortu?
nately, tho duties aud province of the
financial officers of our Government
have been the subject of judicial in?
quiry, and have boeu decided und adju?
dicated again und again by the highest
tribunal of tho country?the Supreme
Court of the United States. Those
views huvo been elaborately argued,
fully considered, aud completely estab?
lished in tho case of Decatur vs. Pauld
iug, 14 Pot. S. C. Bop., 107; case of
Kendall vs. United States, 12 Pet., 521;
Brashoar rs. Mason, G Howard's U. S.
Reports, 02; United States vs. Guthrie,
17 Howard's U. S. Reports, 284; United
I States rs. Seamen, 17 Howard's U. S.
I Reports, 225. Tho relations of tho co
! ord:nn.to brannh** of Ki?le gvysr^mcnt::,
and tho restraining power of tho one
upon tho other, have also been fully
considered and defiued. (Seo Low vs.
Towns, b Geo., 156U; People vs. Bissel),
10 111., 220; Mauran vs. Smith, It. I.
Rep.; State of Ohio ex rel. Lewis White
man et nl , vs. Salmou P. Chase, 5 O. S.
Rep., 520.
Upon n patient investigation of the
facts in tho ease, aud a careful consider
confirmed in tho opinion that 1 have
ation oi tho law applicable thereto, I urn
rightfully acted in tho premises, aud
that it will bo unlawful for mo to pay
the said claim of $25,000, unless tho
General Assembly shall pass an enabling
Act authorizing mo to waive tho ro
quircuier i of the necessary vouchers.
In relation to tho instructions given
to tho South Carolina Bank and Trust
Company, uud to myself, by the Comp?
troller-General, (copies of which arc
hereunto anuoxed,) I would respectfully
invito nttontion to tho law regulating
and governing tho duties of tho Cutnp
troller-Geuorul, und law creating a du
pository, or depositaries, for tho public
funds.
Seotious 50, 51, 52 and 53, of Chap?
ter 17, Revised Statutes, are as follows:
"Tho Treasurer of tho Stato of South
Carolina shull doposit all moneys that
shall come to his hand on account of
this Stato, within three days, Sundays
I exclusive, after receiving the same, in
such bunk or hanks in the cities of Co?
lumbia aud Charleston as shall ho de?
signated by tho Governor, Comptroller
Generul and Treasurer, or auy two of
thorn, and as, in their opinion, shall be
secure aud pay tho highest rato of in?
terest for snoh doposit. Tho money so
dopositod shall be placed to tho ucoouut
of tho Treasurer, and ho shall keep a
bank book, in whioh shall be entered
his account of deposits in and moneys
drown from tho bauks in which juch de?
posits shull be madu.
"The said banks shall, respectively,
transmit to thu Governor and Comp?
troller-General monthly statements of
tho moneys which shall be received and
paid by thorn on account of the trea?
sury.
"Tho Treasurer shall not draw uuy
moneys from Btioh banks, unless by
chooks subscribed by him as Treasurer,
and coantorsigned by tho Governor;
and no moneys shall bo paid by cither
of tho said banks, on account of tho
treasury, exoept upon such checks.
"Tho Treasurer shall exhibit his bank
book to tho Comptroller-General and
Governor for their examination, on the
first Tuesday in overy month, and
oftener, if required."
It will, at oooe be seen that the power
to designate a depository or deposito?
ries of tbe pablio moneys is conferred
by Section 50 on a board of officers
consisting of the Govern or, Gomptroller
General aud State Treasurer, aoy two of
whom being sufficient to designate snub
bank or banks. It will also be seen
that it will be required, as a condition
precedent, that the bunk shall be secure
aud pay tbe highest ra'u of interest.
By virtue of tho authority given, in this
section, thu South Carolina Bank and
Trust (Jompauy was chosen aud desig?
nated us the solo depository for ?tute
funds.
By reference to the said communica?
tions from tho Comptruller-Gencral, it
will be seen that that officer has as
sumcd 'bo right to regulato tho duties
of the Treasurer, uud to prescribe tbe
mauuer iu which his books shall be
kept, claiming authority for suoh action
under Chapter 17 of tho Revised Sta?
tutes. By Section 3 of said obuptcr, be
is authorized to inspect and estimate the
Treasurer's booki. Section 1 requires
his personal .superintendence ut tbe
transfer of the mouoy and papers from
thu oilioo of tho Treasurer to his succes?
sor. Sectiou ? declares uudor what cir?
cumstances thu Comptroller-General
shall draw his warrant ou the Treasurer,
and the manner in which such wnrruute
may be drawn. Secliou 7 requires that
the Comptroller-General shall keep u
set of books constituting a complete
check upon that office; and shall make
a report to tbo Geuerul Assembly. These
aru tho only duties having reference to
tbo treasury that are imposed on the
Comptroller-General. The powers and
authority mentioned in the above sec?
tions are the ouly powers delegated to
him iu this respect. Nowhere iu tha
17th Chapter of tho Revised Statutes,
uowlirru in auy law of thu State, is auy
authority to be found for thu regulation
by the Comptroller-General of the keep
iug of the records by tho State Trea?
surer. To cId! he the Comptroller-Geuo
ral with thu power now claimed by him,
will be to vitiate thu object hold iu view
by the Legislature iu providing for tbe
keeping ol* separate sets of books by
these two officers. To grant this power
will be to make the State Treasurer the
niero clerk of tho Comptroller-General.
Tho accord of such authority would be
extremely uuwisu and mischievous.
The duties of tho Treasurer in rela?
tion to the keeping of tho books and
tho drawing of the checks are equully
well defined. Seotiou 31 of the same
chapter declares that "it shall be the
duty of thu Treasurer to keap nil tbe
records, books and papers heretofore
bulongiug to the Treasurer of the Upper
Division and to tbo Treasurer of tbe
Lower Division, in his office at Colum?
bia." Section 33, already quoted, di?
rects him to make monthly statements
to tho Comptroller-Genoral. Section 3-1
directs that when required thereto, be
shall produce to thu Comptroller-Gene?
ral satisfactory statements of the cash iu
hand, and furnish him promptly with
information as to the reveuue aud
finance of the State. Such are the
plaiu provisions of tho law as to these
two officers iu relation to tbe keeping
of thu records of the treasury. I still
fail to find any authority for tho exer?
cise of tbe power assumed by the Comp?
troller-General. I have also inquired
from what source springs tbe right ol
tho Comptroller-General to interrupt
tho monetary transactions of tho govern
meet, direct:::** the Prccidc-t c:
South Carolina B9nk aud Trust Com
pauy to refuso the payment of cbeokt
drawn by tho Treasurer, unless drawt
in compliance with directions, ns lnic
down in bis letter of instructions. Tin
only power ho legally possesses over th(
bank as tbo depository of the State ii
found in Chapter XVII, Section 51
which reads as follows:
"Thu said banks shall respectively
transmit to tho Governor and Comptrol
ler-Gcneral monthly statements of tin
moneys which Bhall bo received anc
paid by them on account of tbe tr'oa
sury."
All tbo power ho has is to demand
aud, if necessary, to compel the truus
mittal of ouch statomout. To assumi
to do more is to usurp authority
not delegated to bim. But tho objeot
tho full scone and meaning of tbe tore
going sectiou is clear when Soctiot
53 is road. It is as follows:
"The Treasurer shall exhibit bis ban!
book tu the Comptroller-General ant
Governor for their examination on the
first Tuesday iu every mouth, ant
often er if required."
Can auy ono fail to understand tbi
purpose of tbo sections? Do wo no
comprehend at a glance that the object
is to furnish thu Governor and Coin?
troller-Gouorul with tho means of veri
fytug the bank account of tho Treasurer
and ascertaining from timo to time tin
actual oonditiou of the fuuds? Certain
!y it will not be seriously contendot
that noy snob powor as that oxeroiscc
by tho Comptroller-General isembrauot
iu these sections. They cannot by auy
ingenuity bo made to bear suoh con
structiou as would clotbo him with suol
power. But let us look further at Sec
tion 52, whjoh relates exclusively to tin
drawing of chocks on such banks or do
positories. Tho sectiou is iu tbe fol
lowing words, to wit:
"Tho Treasurer shall not draw auy
moneys from suoh banks, unless by
checks, subscribed by him as Treasurer
and counlersiguod by tho Governor; auc
no moueys shall be paid by either o
said banks, ou account of the Treasury
except upon such chocks."
This is the legal restraint upon tin
Treasurer in the drawing, and upon tbi
banks iu tbe payment of moneys ou ao
count of tho Treasury. Nowhere, it
this connection, is any duty imposed
or any authority conferred on tin
Comptroller-General. He is neithsi
heroin directly mentioned or indirectly
alluded to. As a member of the boart
crested for that purpose, ho has a void
iu the choice of the depository. At
Comptroller-General, he has a right t<
demand monthly statements from the
bank in order that the bank book of the
rrooaurer may be verified, oud bis au?
thority is at an end; hero his, power
eeeses; beyond this he cannot legally go.
Anything bevond this is arbitrary and
unauthorized. Tho act of. tho Comp?
troller-General, like the right olaim'ed
to regulate tho manner in which the
hooka of the Treasury shall be kept, is
neither sanctioned by the Constitution
nor authorized by law, nor demanded
by the requirements of his office.
The Comptroller-General and tho
President ?f the South Carolina Bank
and Trust Company have alleged that I
have violated the law in not keeping a
proper reserve in the bank.
If this were so, the power to correct
it does not He within their province.
! But it is not correot ub a matter of fact,
j. The Tax Act levies a tax of 12 mills
.for State purposes; G'.J mills are al
1 ready appropriated and can be used;
;5>2 mills must be reserved. The re?
serve is in excess .of the amount re?
quired.
I These geutlemcn base their calcula?
tions upou the amount of ourreney in
the bank, whereas a large amount of
I "certificates of indebtedness," reeeived
for tuxes and canceled aud filed in this
[office, must be included in any oorrect
'computation made; for by the Tax Act
these certificates are receivable for all
icaxeB and redeemable out of any moneys
rooeivod from all taxes, except the tax
levied for schools and the payment of
?the iuterest on the public debt, though
they were only issued for two of vho
eight objects levied for in the Tax Act.
Submitting these views upon the sub?
ject, and relying with confidence upon
the decision of your honorable bodies,
I do most earnestly invoke your just
judgment.
I I have the honor to be, very respect
fully, vour obedient servant,
F. L. CARDOZO,
Treasurer St?to of South Carolina.
City Matters.?Subscribe for the
Pnozsix.
! Saturday next will be St. Valentine's
Day.
Fine's Norfolk oysters uro all the
rage?they aro large, plump and juicy.
A fine drove of cattle passed through
our streets, yesterday.
Cat. Wagner's Minstrels are heading
this way again.
Always a feast or a famine; the famine
i.to-day, in this column.
J Charles P. Cheatham killed a man
named Tompkins, iu Edgefleld, a few
iduyB ago.
j The ladies say there is uo ose sewing
, any more, for R. O. Shiver Sc Co. are
! selling ladies' under-wear less than coat
of material.
1 The down passenger train on the
Greenville and Columbia Railroad was
a little delayed, yesterday, by the run?
ning off of a freight train near Chap
j pell's.
I Chicken thieves are still committing
- their nightly thefts in various parts of
j!the city. On Tuesday uight, the fowl
Jhouse of Mr. Edgar Lowry was robbed
t of five fine Brahmas and Coobins.
?I The bankrupt sale of the stock of I.
-jouiz/uauLiur 7,be cciztinscc, *c c~y, zz
' the ouotion rooms of Messrs. Peixotto
, Sc Sons. The attention of parties wish
ling to purohase is called to the adver?
tisement in another column.
! Those seventy-five cents and one dol?
lar carpets at R. C. Shiver & Co.'s are
creating quite a sensation among house
r keepers.
I Sent emk Co?nT?Wednesday, Feb?
ruary 11, 197A.? The Court met at 10
i A. M. Present?Chief Justice Moses
, and Associate Justice Willard.
'j At 12 M., tho Court adjourned until
'A Friday, 27th, 10 A. M.
'I
'I Parker's Halt..?The beautiful drop
! curtain and scenery for Parker's Hall
j has been completed, and is being rap*
j idly placed in position for public exhi
( bit ion to-morrow evening,, the 13th
1 instant. The artist, Mr. Eugene Cra?
mer, is represented, by these who know,
- to have excelled himself in these speci
[ mens of his talent. Mrs. Mat tie Cramer
ihas assiduously aided in the preparation
? 'of the canvas for the toueh of the
. artist's brash. Mr. and Mrs. Cramer,
5 j with a good support, will give an enter -
I tainment at Parker's Hall to-morrow
1 evening, at tho opening of whioh Mr.
1 Cramer will exhibit and desoribe the
1 various paintings. There will be two
, dramatic renditions during the evening;
. one of whioh is entitled "Christine; or,
J the Return of the Soldiers"?a drama
' of the French revolution. Excellent
music will be furnished, and we predict
, an excellent evening's entertainment.
i Seats can bo secured at Prof. LyBrand'a
? I music store, without extra charge. See
advertisement.
? . _ _-?
' { List or New Advertisements.
Beautiful Boen er y at Parker's Hall.
9 Moeting Aoaoia Lodge.
9)
"j Fins.?On the 28th alt. the grist mil!
1 and cotton gin of Dr. low and Mr.
? Kendriok, in the Northern part of the
B County of Greenville, were destroyed
r by fire. There waa a large quantity of
y ginnsd cotton in the building at the
1 time. The fire was accidental, it is sup
9 posed. Loss over $6,000. The two
' buildings were olose to eaoh other, and
y a strong wind blowing at the time.