The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-11-30
Proceedings of OIty Council,
COUNCIL CHAMBER.
COLUMBIA, S, C.. Nov. 26 1875

COUNCIL CHAMBER,
COLUMBIA, S. c., Nov. 26, 1872.
Present-His Honor the Mayor, and
Aldermen Carpenter, Lowndes, Thomp.
son. Mitchell, Carroll, Young, Wilder
and Williams. Absent-Aldermen Grit.
fin, Hoge and Cooper.
The minutes of last regular meeting,
also OF special or adjourned meeting of
November ~, were read and approved.
PETITIONS AND COMMUNICATIONS.
The following communication from J.
d. Tradcwell, City Attorney, was pre-
sented by hia Honor the Mayor; and. on
motion of Alderman Wilder, was received
as information and for future action in
the case:
COLUMBIA, s. c., November IA. 1872.
To Hon. John Alexander, Mayor Of The
city Of Coiumbia.
SIR: 1t IL my duty to inform you and
through you the City Council that two
actions haVo recently been commenced
against "The City OF Colum bia''-one in
thu name OF William Blanding. assignee,
and :ho other IN the name of James D.
Blandipg, executor of Mary G. Blandinp.
e1ecutrix OF Abram Blnnding; the object
OF which Is to compel the city to pay at
once the sum of S13. 500, balance due
under the contract with the late Colonel
Blanding for the purchase of what are
designated as. the "Old Water Works, /"
on the 18th day of June, 1885.
The contract between him and the
corporation OF the town OF Columbiu is
peculiar one, as will be seen by in.
specting copy of one of the certificates
OF stock issued under it. which I enclose
to you. 1t will be perceived that while
interest at the rate of five per cent. per
annum Oh the debt Originally $24, ,OOW
is to be paid quarterly, the principal Of
thei stock ls reimbursable at the pleasure
OF the said corporation, after the tenth
day OF July, in the year of our Lord one
thousand eight hundred and ffty-five. {"
The peculiar frame of the contract, how
ever, does not in the least affect its law
fulness. Col. Blanding himself drew
1t. being one of the very ablcst lawyers
OF his time. adorning his private life
with shining virtues, as he, did his pub
nc profession by the law with all learn
ing. he therefore knew the law of his
contract with the corporation, and the
fullest evidence that he meant what he
SAID In 1t is furnished in the pure intcg-
rity OF his character, as also In the
abundance OF bis learning. He prac-
tlced no fraud upon the corporation by
using ambiguous phrases. He made no
oiundeE IL she Law because .,s WAS isno-
rant of it.
But Col. Rlanding was not only preat
lawyer; he was likewise great benefuc-
tor, and particularly loved Columbia.
where be married and his children were
born. and us the town grew, so expanded
his fortunes and fame. He therefore in
tended to manifest this regard and ankle
" Tor Its prosperity by conveying to it
| MIS- entire water works, with the luree
real estate connected with them, for com
PaI"Si'oiT d nominal price, upon AL in
detiLite credit, and beosing IN exceed
lngly low rate of interest Besides. for
years he gave its people water almost
without cost. But if at any time pre-.
vious to May. y. D. 1858. doubt as to the
meaning Of ,he contracting parties could
have been reasonably entertained. after.
that period, it is clear to me, grounds
tor donbt on the point could no
longer exist, for at that date n go.
semn Judgment Of the Court of Errors
| removed it. This contract was made
the subject of judicial inquiry by bill
and answer in the Conrt of Eouity for
the District, in June, A. u. 1857. when
l lad the honor of filling your Chair.
aud now find that signed the ;urut Of
the answer in the capacity of Mayor. the
parties to the snits being Mary q. bland
ing. execntrix, plaintiff, and the corro-
ration of the town of Columbia defend
ant. The decree of the Circuit Chuu-
cellor was altogether in favor of Mrs.
Blanding, and ordered the city to nav to
her the sum OF SIS. 500, the whole ba
lance OF the stock, with interest thereon.
from the llth dny Of July, A. d. 1855
at the rate OF seven per cent. per anu m.
by direction, however, of the CITY
Council, Gregg & Adams, then City At
torneys, carried the case to the Equity
Court of Appeals, whore it was argued,
but by that court doubtless, mainly in
Difference to Chancellor Job Johnston,
whose decree was under review the case
was ordered to the Court Of Errors
to be heard, before whom it was heurd.
and who reversed the circnit decreo-all
the law judges and one chancellor con.
cnrring III tho reversal, and deciding
that by tho contract with the late
Abram Blnlding, the defendants. (thc
city Of Colnmbiu.) is not bound to pay
tEe principul OF the Eve por cont. stock
to him before snch time ,ts in their plea.
sure they may determine" The court
'.!ao head that tie rate of interest five
per cent? lixed by tho contract could