The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1870-07-07
THE CITY DEBT.
RESTRAINING THE CITY FROM
PAYING THE INTEREST.
Correspondence between the Mayor and
the Counsel for the Citizens.

Correspondence between the Mayor and
the Counsel for the Citizens.
In Yesterdays NEWS we mentioned that
Messrs. Brewster, Spratt & Burke, and Asher
| D. Cohen and c. D. Melton (of Columbia,) the
counsel employed by the citizens to test the
legality of the city debt, had notified City At
toruey Corbin that on Friday they would move
before Judge willard, at Columbia, for an in
junction to restrain the city from paying the
interest on the city debt
To-day we present the grounds for making
the motion, and also the correspondence be-
tween the counsel for the citizens and the
Mayor.
The Hrst letter, under date of June 3Oth, Is
from the counsel, relating to the action OF
Council upon their petition. submitted at the
last meeting, requesting that the payment OF
interest upon the city debt be suspended pend
ing decision of the question. The letter Is
as follows:
CHARLESTON. S. c., June 80, 1870.
No. SO BROAD STREET.
To the Honorable the Mayor and Aldermen OF
the City of Charleston:
GENTI.EMEN-A few days since we he'd the
honor to address you on the part OF acommlt-
fee of citizens, TO contest the city debt, and TO
request that YOU would suspend the payment
| of interest pending decision of the question.
Receiving no reply, and seeing in your puo-
lshed proceedings that OF letter was recelv-
ed as information merely, we lnler Lnas you gu
decline compliance. But that there may oe no
misapprehe hension, and it may certainly appear
that, in view of. necessary consequences. you
persist In such recognition and enforcement OF
| the debt, the committee requests US to bring
| the matter again to your attention. -,,
| It is believed, and we presume the lact VIII
be admitted, that you have already taken, ID
the way of taxes, enough to meet the current
expenses of the city government. more can
onty be taken to the interest on the debt. That
/ debt the committee are instructed to resist,
and thew present that to the extent Of s., $780,
600 increased by arrears OF interest, II was IN
/ Cured In the construction OF railroads. InaC
struction. That power cannot be given oy an
act of the Legislature e1 post tdcto, ana tnat
the act ITSELF attempting to validate oondS,
| does not attempt to give validity TO STOCK al
most exclusively issued.
Upon these grounds they contend the deot
is questionable. They claim that 1t Is you once
to Be neutral In this contest; that you dlo NOT
no warrant to contract 1t, and as little warrant
to pay interest on it contracted by others, and
they had hoped you would be content to stand
as shareholders between the parties. But II
you shall not, and taking what Is necessary lor
the municipal purposes to which you are eject
ed, YOU persist In taking what more may De
necessary to this interest on this dept, the
committee In its office has no option out 10
| OPPOSE you, and move the court for prohlol'
| ton against enforcement Of the tax:
| tits for you to determine to what extent
this may effect you. What the prospect OF ex.
ecutions with community organized to resist
them-what portion OF the taxes unpaid ooap are
ment-what the possibility that resistance,
rightfully begun, may extend to other ends
] and other issues. To the committee these
| considerations are not important. Resistance
rendered meritorlous by your gratultous en-
forcement of a claim contested, they can take
the consequences, and see no reasons OF pohcy
| why the merits of the question may not oe
presented in meeting executions to enforce
the debt
But they do not court unnecessary issues;
they would not unnecessarily come iniconhlct
with constituted authority; they would not
Fairly, the question OF the validity OF the debt
will arise upon aandan,us. If you shall cease
| to be the voluntary agent Of the creditors IN
enforcement ofthls debt, they must make their
application for that order. There the merits
OF the question will arise without emoarass-
meut OF other issues.
This the committee would desire, and trust
ing that you may yet find the motive to be
passive in the controversy, or If not, that You
will advise us promptly of your resolution,
We are respectfully, :
| Your obedient servants,
BREWSTER, SPRATT d BURKE.
| ASHER D. COHEN,
| Solicitors for Committee.
| REPLY OF THE MAYOR.
To the above letter the Mayor replied as fol-
lows:
CITY HALL, MAYORS OFFICE,
CHARLESTON, July 2. 1870.
Messrs. Bre,oster, Spratt q Burke and Asher
d. Cohen, Solicitors TOR Committee:
GENTLEMEN-Your communication Of June
3Oth, 1870, to the Mayor and Aldermen of the
city, has been duly received by me.
There has been no meeting Of the Council
since Its reception, and consequently 1t has
not yet been referred to them for considera-
/ At t. haoy, hyr,ft fod N q