Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1858-11-17
IMPohTANT DECISION.

IMPohTANT DECISION.
The celebrated Allegheny County bond cas-, tine
Com uonwealth of Pennsylvania vs the Commits
soners Of Allegheny county-was. on the llth
inst, decided by the Supreme Court in favor of
the complainant, and Judgment entered comman-
ding the County Commissioners, at heir nert
annual meeting for estimating the probable e1-
penses Of said county, to make full and ample
provision in their estimates for raising money to
pay the interest on the three thousand dollars of
certificates of loan bonds in the aforesaid COM
plaint Of the relator mentioned and referred to
which shall at the time be due and unpaid, and
that which shall become due thereon in the year
next ensuing such meeting Of the said County
Commissioners and TO issue their proper war
rants to the collectors of county rates and evies
Of the said county, for the collection thereof, as
in and by the several acts Of Assembly in such
cases made and provided they are authorize and
required to do,-and that they cause TO be paid;.
out OF tie Treasury of said county, the costs of
tbs suit,
Judge Woodward in delivering tie opinion of
the Court, gave the following condensed but
conf iete and satisfactory history Of the case:
Complainant claims to be the owner, in bis
own right, of two bonds or certificates of loan,
executed by the COMMISSIONS of Allyegheu
county on the 18th day of July. 1858, under
the seal Of said county. for $1,000 each, (part
Of the aforesaid issue of S1OO, ,000,) PAYABLE
to the Pittsburg and Steubenville Railroad
Company, or bcs er, on the 18th day of uly,
1885, with interest at the rate of six per cent
per annum, payable semi annually, on the
fifteenth day of January and July. at the city
of New York, upon presentation and surren-
der of the proper coupons thereto annexed
He complains that the county has wholly and
wrongfully neglected to make any provision
for the payment of the interest on said bonds
! Our alternative mandamus, founding itself on
the matters charged by the rclator, rectcs an
act of Assembly of 1S49, Incorporating the
| Pittsburg ami Steubenville Railroad Compa-
ny, and supplement thereto of Goth Febru-
airy, 1858, authorizing tie county Of Alleghe-
ny, through its Commissioners, and upon the
I Recommendation af one grand jury, TO sub
scribe an amount moi exceeding :-n thousand
shares to the capital stock of said con any,
10 borrow money to pay therefor, and to make
| provision for the principal and interest Of the
money so borrowed, as in other cases Of loans
to said county. The writ further recites the
recommendation of the grand jury of June
term, 1888, that the county should subscribe
an amount not exceeding ten thousand shares
to the capital stock Of said compauy-the
fact of a subscription of six thousand share,
and the issue Of bonds therefor in the gross
amount of $500, 900, In amounts respectiv ely
I Of one thousand dollars each, aud thot the
two bonds Of the rclator, issued as part pay
! ment Hf said subscription, were transferred
! by the Railroad Company, in couformityw ity
the aforesaid act of Assembly 1858. as well
as of two other acts approved March ID.
1855, and May 9th, 1855. 1t charges also
that a large amount OF interest is due and un-
paid
! The amount Of the subscriptions to various
Railroad companies by Allegheny county is very
large, and the tax which is requisite to pay the
annual interest on the bonds issued by the Com
missoners likely 20 become oppressive and
| burthensome to the tax payers of the county
! In consequence of this formidable party has
been organized in the county, whose platform is
opposition to the levying Of /. tax for the pay
ment cf AK On Railroad bonds. The move
ment must be a popular one. for We observe that
none Of the Pittsburg papera boldly oppose it.
/ The leader Of the anti Tax party is Mr., Thomas
! w liilamS, Esq, ole OF the aOltSi lawyers II
Pennsy lvania. who advocates its principle, for i
has but one, with zeal and pertinacity tha
amounts, we think, to nsonomanid. No oths
subject seems to occupy his thoughts or atten
ton for single moment. OF conrss we are no
well enough posted with regard to the question
in Issue TO hazard All opinion 70 which part,
is right or which wrong. We presume that tn
decision Of the Supreme Court decides the ques
ton, and that the anti Tax men will quietl
submit to its fat. which, if not the 'voice c
God ,'is certainly the voice of the Law.