State ex rel. Douglas v. Gaillard

Citations

• 11 S.C. 309
• 1879 S.C. LEXIS 3

Syllabus

<p>An act of the legislature, approved December 24th, 1878, (16 Stat. 785), provided a mode by which alone should be determined the right of a taxpayer to discharge taxes due the state in funds, currency or bank-bills not authorized by the tax act to be received in payment of such taxes, and deprived the courts of the right to adjudicate the question under proceedings by mandamus: Held—</p> <p>1. That the deprivation was not in conflict with Article IV., Section 4, of the state constitution; but that the legislature had the power to determine to what cases the judicial power conferred by this section of the constitution should extend. State v. County Treasurer, 4 S. C. 520, followed, McIver, A. J., assenting only because of the former adjudication; Haskebe, A. J., concurring in the result, upon the ground that the act in question afforded an adequate remedy.</p> <p>.2. That taking away the remedy by mandamus did not impair the obligation of the contract made by the State of South Carolina with holders of the bills of the bank of the State of South Carolina.*</p>