, 1876-10-15

provided for must be the ordinary current e.
penses, and the obligation must be assumed In
such way that there would bc no other ohligs-
ton on the part at the municipality except tc
collect the tax with due diligence, BIZ appzt-
printing the $42s5, 600, il tho amount vas not
collected; there was still an obligation to pay
for the work contraIted for.
Ju GO Lawrence inquired il he contended
that the Board should have levied ss50,00O,
although one-hAl1 OF It Was to be expended
year after next.
Mr.. Herrick replied that the Board, il i.
chose, might provide for the payment Of the en-
tire sum out Of the levy for this year.
Mr. JEWETT,
in reply, said under the Constitution and the
law, as he understood them, the whole subject
matter Of the litigation {the circumstances d.
vested OF the element Of fraudl was within the
discretion and jrd:1nent, Of the County Board
absolutely end conslu5ive1y, and he did rot sec
bow 1t was possible for the Court to get juris-
dictton for the purpose OF revising their judg
ment upon any question they must necessarily
adjudirate upon prior to passing all oraer TOR
the erection Of the Courthouse. Tie constitu-
ti0na1 delegation Of power to them, and tho
power which passed By the provision WAS just
as complete and just as broad as the power
which under similar provision passed to tho
Legislature Of the State. As to the Boards
were only two limitations, first, that NO county
should become indebted to an amount exceeding
per centum Of its taxable property; and sce-
ond, that it should not levy tax to exceed 10
cents on the S100. The record showed that tha
limit Of S per cent had not been reached By
several millions; hence thatwas outside the case,
and the other was not urged. The Court could not
assume, for the PURPOSES OF the injunction, thai
the Board would not take care OF the liability ~
1t occurred The Board had exercised its jndg
ment, and had decided that the finances we're
sufficient to Justify them in letting the contract,
and in executing it, and, to his mind, their acts
could not be interfered with
Mr.. Rountrce followed, arguing that il the
to be (he could find no cases to the contrary,
the taxes being levied and appropriated for q
purpose, we're, in contemplation OF law, in tha
Treasury. There were half a million Of back
ta5es and s4a5, COG of tda The present levy making
q o bonds'@in III III s1,os5, ,ooo-to meet
Expected eaf Spa''ea tSst OVER oooo Or at the
outside would be needed next year. The Boart
hed eeso ley 1eged S Certainly am ,s $ sS tt t.
cash on hand, would meet the Indebtedness h
had no doubt the Supreme Court would decide
the appealed tax cases In the county's favor.
The levy had been made and the books prepared,
question vas should they be collected and Huck
given the benefit Of them BY drawing the inter
est upon the balances, or should the Board g.
| on with the Courthouse.
JUDGE LAWRENCE
continued the argument, devoting special AtteH-
ton to the constitutional provisions, urging that
the contract with Mcneil 4 SONY did
not create a debt In the sepsa
| Of the Constitution, when construed In refeS-
ence to the peculiar language Of the ConstttuN
| ton. and did not create debt at all In the
strictly legal sense of that term. The applica-
| ton was premature: the gentleman should have
| waited until there had been some violation OF
| the Constitution or statute He asserted TINT
court Of chancery, asking it to interfere BY its
writ Of injunction With the performance OF their
duties, within their proper sphere, on the part
of the authorities Of city or county, because it
might happen, in certain contingencies, at some
7S%s's x6as vas e0a about to Be depe that
the county or city would transgress the law.
The Board had made ample provision to meet
all Indebtedness as fest as it accrued, and, IN bis
opinion, that ended the case. The matter OF
simple question was. would the Court Interfere
with the Board for the purpose Of substituting
its (the Court's) Judgment in regard to the
amount Of money that should be collected from
e. ded 50ai 00q the 10 90 was as @ not s suf
dcient, the Board would levy the other
$3.50, 600, and still be within the limit OF
the Court would not impose That additional
burden on the people.
MR.. WOODBRIDGE
closed the argument for the complainant. lie
admitted that, If the Board had made valid
tax-levy sufficient In amount to providexpr the
contract, they would be permitted to prossed;
and, further, ii they had made a valid taz-tcyy
which, added to other funds In the TREASURY
would constitute sufficient fund, they would
be permitted to proceed; but the pnint nc nude
! contract involving the county in debt, there
must he either in the Treasury or
valid ta1-levy sufficient in amount
to pay the entire sum contracted for He thc1t
discussed the question as to whether the III
debtedness was such an Indebtedness as vas
contemplated By the Constitution, claiming that
1t was wfthinthc prohibition OF the Constitution
There was no provision In the law authorizing
the Board to provide for any tar except for the
| current year. The only thing it could do With
to revise the assessment and then make what
was called an appropriation bill, setting
forth how much should be lerted Tor taxes,
ard the particular objects a o. q snd ta1atIqn ~
power. An annual tax must be provided In
some way before the indebtedness could be In
CURED, provided the Indebtedness was not made
by tax of particular year It seemed to him
ferred M By BY any legislati6p upon Vhe Board to
levy any such annual tax, They esrtainly had
not levied 1t, and consequently wcre< <pot per-
mitted to incur the Indebtedness. al to issu-
Ing DOnQs, ne cO0tenQeQ Lnat kAe IAle5L tApIe~
sion Of the Legislature was that the people
should pass upon it, and It seemed to
him the Court would SO hold. He then
considered the condition OF the Coun-
ty Treasury, asserting that it was not
such as to warrant the construction Of the
Courthouse without issuing bonds or 1evyfnE
a tax,-that there was nothing in It which
could be put to this purpose, since the
sinking fund would have TO be fill
I'd and the floating Indebtedness paid first
It had been demonstrated to his Honor that
next year, ii the appropriation proceeded. the
Treasury would close with deficit just about
equal to the appropriation 5000, and 1t
was in evidence that the Commissioners knew
it. They could not proceed; because there Was
not sufficient funds to justify it, because they
had not provided for a direct annual tar, because
they had not made the appropriation in such
lawful shape as the law would recognize.
The Court said be would giye the matter his
immediate attention, and noei{y the attorneys
when he was prepared to deliver his decision.
AUTUMN-DAYS.
Delightful days. when all the hazy air
T. Ijled with perfume from the b1ood-red vines,
Climbing along the roadsde's winding way,
Hiding the fences' rough and rugged lines.
eh. h{11. ~fs. talA nm a dreamv 1nnk.