The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-10-18
COLUMBIA. IS. g.
Wednes lay Morning, October 49, 1911.

Tho Ground Upon Nhioh>They Stand.
Since writing the article published
yesterday, We hive been informed that
the late issue of bonds by the City
Council is based upon the Act of 1854,
which Aot is entitled "An Actto alter and
amend The cAarte,. Of he to,cn of Colum-
6ia, and for other purposes" We make
the following extract from snid Act, as
pertinent to the question at issue:
And whereas the present Town Coun.
oil of Columbia have subscribed for
stock in the Hamburg and Columbin
Railroad Company, and are also con-
siderabiy indebted, many of which debts
are about to fall due:
Be it therefore enactsd. by Tie authority
aforesaid, That the Mayor and Alder
men of the oity of Columbia be, and
they ore. hereby, authorized to borrow
money by issuing city stock. from time
to time, to the amount Of $1,000 if 30
much be necessary, to pay the install
ments on the subscription of the Town
Council to the said railroad, and the
debts which may be due or may become
due, and require to be paid by said
Mayor md Aldermen: Provided That
the private property of the citizens of
the said city of Columbia shall not be
liable in law or equity for the payment
OF the corporate debts that shall or may
be created under the granted powers
herein made. in any other mode than by
a regular and uniform taxation.
Then follows clause giving the Mayor
and Aldermen power to sell the stock of
said railroad company to redeem the
bonds thus authorized to be issued.
Our renders can now consider the
grounds upon which, as we are reliably
informed, the City Council based their
recent issue Of bonds. Whether advised
to this course or not by their legal ad-
wiser, does not appear upon the record
at least, upon the record given to the
public. Let ns now consider the Act
quoted above. Does that Act give the
Council the right they we're seeking? 1t
appears to us. clenrly and decidedly not.
In the first place, it is matter of fact
that the city of Columbia never con
summated tho subscription for stock in
the Hamburg and Columbia Railroad.
But the question arises. is the present
Council, seventeen years after, author
lied to issue ''city stocks" "to pay the
debts which may be due or may become
due, and required to be paid by said
Mayor and Aldermen?' We hold, clear
ly not ''The debts which may be due
or may become DUE" certainly have re-
ference to obligations that had already
been incurred by the city Of Columbia.
The reference being, then, to debts
which had been incurred prior to the
passage of this Act in December, 1864,
it is obvious that under the said Act the
Council had not shadow of authority
to issue new bonds, no matter how the
proceeds were to be applied. In fact,
we deem it unnecessary to enlarge upon
this point The City Council must, in
deed, have been hard pressed for some
authority to makea bond issuance, when
they were disposed to depend upon this
mere semblance OF authority. If addi-
tional argument were. necessary. we
might refer to the fact, that in 1856 and
in 1866, respectively, the city Of Colum-
bia was again authorized to issue bonds.
Now, if this authority to issue S500.0 .0U0
in 1854 still existed, it is plain that the
issues of 1856 and 1866 would have been
unnecessary. It is, we hold. plain
case that the City Council had no right
whatever to proceed under the Act of
1854, and we cannot perceive how any
mind eal maintain the affirmative. Thus
we leave the Council in the wilderness,
and standing upon very sandy founda-
ton. Upon mere pretence of authority,
the City Council proceeded to issue, and
did III secret issue. city bonds to the
extent of $3.50, ,O0Ol
CoRRECTIoN.- 1T seems that we we're
in error in assuming that the City Coun-
ci! had adopted the resolutions of the
Mayor, offered at the recent meeting Of
fba n;t1 1oono;1 Frba1, vpor., rofarroI