Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1873-07-10

this suit and until the foregoing oruer IS
modified, let the same be in full force and
effect.
This, the Sd July, A. D., 1873.
(Signed) T. J. MACKEY,
;. Circuit Judge.
STATE OF SOUTH CAROLINA, In the Com
COUNTY OF YORK. mon Pleas.
Ephraim l.. Glenn and Others against Hugh X.
Roberts, William B. Allison, Frank Edwards,
as County Commissioners, Defendants.
The Plaintiffs above named, complaining
against the Defendants above named, allege,
I. That the Plaintiffs are residents of the
county of York, and are, severally, the owners
of real and personal property, and that the
said real property is situate in the county OF
York.
II. That the said real and personal estate
of the said Plaintiffs has been, and is now en-
tered upon the books of the Auditor OF the
said county, and assessed for taxation and
the said plaintiffs have paid the taxes assessed
upon said property, to the Treasurer of the
said county; and that the Plaintiffs are liable
to pay all such taxes as may hereafter, from
year to year, be assessed upon said property,
as long as they may own the same, and upon
such other property as they may hereafter ac-
quire.
III. That the Defendants are the County
Commissioners for the county of York.
Nv. That the General Assembly Of the
State of South Carolina, by all act approved
26th February, A. D. 1878, constituted Abra-
ham H. Davega, John j. Mcclure, George
w. Melton, John L. Agurs, William H.
Brawley, William H. McCorkle, Burrit 7.
Wheeler, Benjamin G.. Yocum, John Lee, l..
D. Witherspoon, j. A. Ratchford, John L..
Watson, ]. H. White, John Lilly, 1. j..
Mackey, j. NJ. Mckay, and G. c. Mccoy, and
their associates and successors, body polite
and corporate, by the name and style OF the
Chester and Lenoir Narrow Gauge Railroad
Company.
V. That by the second section of the afore-
said Act the said Company is authorized to
construct Narrow Gauge Railroad from the
town of Chester by the way of Yorkville, to
some point on the line dividing the States of
North and South Carolina, in the direction of
Dallas in the county of CASTOR, in the State
Of North Carolina.
vi. That by the eleventh section ofthe said
Act, it was provided that the people of any
county, or the proper authorities Of any town,
interested in the construction of the said Rail
road, might subscribe such sum Of money rs
the people of such county or the proper au.
thorities of such town might deem best; said
sum to be payable in such manner as the said
people or said authorities might deem best,
determine and authorize.
VII. That the defendants, on the. day Of
April, A. D. 1S73 held meeting as County
Commissioners and adopted the following pre-
amble and three resolutions, as the official ac-
ton of the board of County Commissioners: !:
WHEREAS, The General Assembly of South
Carolina did, by an Act approved FEBRUARY 70. a.
D. 1873, incorporate the Chester and Lenoir Mar
row Gauge Railroad Company, and did authorize
the said Company to constructs i Narrow Gauge
Railroad from the town of Chester by the way OF
Yorkville to some point on the line dividing the
States of North and South Carolina, in the direc-
ton of Dallas in the county of CASTOR in the State
of North Carolina and whereas by section eleven
of said Act it is declared that ut shall he lawful
for any county or town interested i'll the construc
ton of the said Chester and IenOir Railroad to
subscribe to the capital stock of said Company or
ofany Company with which it may consolidate or
unite sub sum- to be paniG IN Of sHsm sncb camnv
shall deem best, determine and authorizes; ana
whereas it is manifest to us that the county OF
York is greatly interested in the construction OF
the said Chester and Lenor Railroad as Vaua-
ble and much needed internal mprovenent
which will tend to advance the greatest good OF
thelargest number of the people OF York county ;
and whereas the best guarantees are furnished
that the said Railroad will be constructed within
brief period; Therefore,
Resolved by the County Commissioners of York
county that the sum of one hundred thousand
dollars be and the same is hereby subscribed for
and on behalf of the county of York, to the capi-
tai stock of the Chester and Lenoir Narrow Gauge
Railroad Company.
I'd. That the said subscription of one hundred
thousand dollars shall he by bonds of the county
of York bearing interest at the rate of seven per
centum per annum, and redeemable i'll twenty
years from the date of issue; and for the punctu-
al payment of the interest and the redemption or
the same at maturity, the faith and credit \ ork
county shall be inviolably pledged.
Sd. The said bonds shall he issued in the de-
nomination of one hundred dollars only, and an
annual tax sufficient to pay the annual interest
thereon shall be levied on the real and personal
property in the county of York subject to TAXA
ton.
VIII. That the defendants are having pre-
pared the bonds for the amount of the said
one hundred thousand dollars subscription,
and will soon issue the same to the said Ches-
ter and Lenoir Narrow Gauge Railroad Com.
pany, unless restrained therefrom by the Or
der of this court.
TX. That the issuing of said bonds will sub
iect the plaintiffs to an additional annual tax
upon their said real and personal property.
~. udL tue Sdlu utleuuaiILo lit1NC iio lawful
authority to make the aforesaid subscription
of one hundred thousand dollars, nor to issue
the said bonds; for
1st. They derive no such. authority from
their office as County Commissioners.
I'd. They are not the people of the county,
nor the proper authority of any town.
Sd. The aforesaid act of the General AS
sembly only gives them authority to appoint
persons to represent the stock which York
county may own in the said Railroad Com
pany.
4th. By the terms of the aforesaid subscrlp-
tion the proceeds thereof are applicable to the
construction of the road bed and track of a
railroad outside of the limits of York county.
5th. The creation of public debt by the
counties of the State, in the manner proposed
by the Defendants, would effect, by the coun-
ties collectively, what is prohibited by Article
XVI of the Constitution Of this State.